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Commercial vehicle taxed and insured buy being used for non commercial purposes

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  • 18-05-2020 1:36am
    #1
    Jade2015
    Registered Users Posts: 37 ✭



    What are the legal implications ( if any )for fines or penalty points if you are caught driving a commercial vehicle for non commercial use like shopping with the kids and you have an accident, but the insurance and tax is commercial only?


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    #2
    Claw Hammer
    Registered Users Posts: 6,205 ✭✭✭Claw Hammer


    Jade2015 wrote: »

    What are the legal implications ( if any )for fines or penalty points if you are caught driving a commercial vehicle for non commercial use like shopping with the kids and you have an accident, but the insurance and tax is commercial only?

    The insurance will sue the owner and or the driver for any amount they may have to pay out.
    There may also be a question of obtaining insurance by deception, not being taxed and non display of proper tax.
    An unwise thing to do, generally.


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    #3
    coylemj
    Registered Users Posts: 25,391 ✭✭✭✭coylemj


    Claw Hammer wrote: »
    There may also be a question of obtaining insurance by deception....

    How is anyone going to prove that, at the time he took out the policy, the owner intended to bring the kids shopping in the van?


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    #4
    Claw Hammer
    Registered Users Posts: 6,205 ✭✭✭Claw Hammer


    coylemj wrote: »
    How is anyone going to prove that, at the time he took out the policy, the owner intended to bring the kids shopping in the van?

    Insurance contracts are contracts of uberrime fides with ongoing obligations to the other side. The driver owner would be under a duty to disclose to the insurance company any change in circumstances throughout the life of the policy. In any event, difficulty in proving something doesn't mean an offence wasn't committed. It will be looked at.


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    #5
    Eggs For Dinner
    Registered Users Posts: 2,961 ✭✭✭Eggs For Dinner


    Commercial insurance policies will allow for social, domestic and pleasure purposes. Your only issue is you obtained your policy by making a misrepresentation with regard to your occupation and the primary use of the vehicle


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    #6
    Claw Hammer
    Registered Users Posts: 6,205 ✭✭✭Claw Hammer


    Eggs For Dinner wrote: »
    Commercial insurance policies will allow for social, domestic and pleasure purposes. Your only issue is you obtained your policy by making a misrepresentation with regard to your occupation and the primary use of the vehicle

    If the vehicle has been modified for commercial use, by removing seats, only one passenger will be allowed.


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    #7
    coylemj
    Registered Users Posts: 25,391 ✭✭✭✭coylemj


    Eggs For Dinner wrote: »
    Commercial insurance policies will allow for social, domestic and pleasure purposes.

    I would have thought that as well, given the number of people you see driving commercial vehicles at weekends with the wife and kids on board.

    But the OP said his policy is 'commercial only' :confused:


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    #8
    RandomViewer
    Registered Users Posts: 6,191 ✭✭✭RandomViewer


    It's the tax they get bumpy about rather than insurance, no one expects you to buy 2 vehicles ,


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    #9
    Claw Hammer
    Registered Users Posts: 6,205 ✭✭✭Claw Hammer


    Sometimes people get reduced quotes for insurance by agreeing to commercial only.
    A lot of people have families in commercial vehicles on a commercial only policy. The guards don't bother checking policies because once there is a policy at all, the insurer has to pay out to any third party who is injured.


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    #10
    Eggs For Dinner
    Registered Users Posts: 2,961 ✭✭✭Eggs For Dinner


    Claw Hammer wrote: »
    Sometimes people get reduced quotes for insurance by agreeing to commercial only.
    A lot of people have families in commercial vehicles on a commercial only policy. The guards don't bother checking policies because once there is a policy at all, the insurer has to pay out to any third party who is injured.

    Which allows the insurer recover their outlay from the policyholder. And it is happening more frequently


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