Remap and Insurance

The key element is that you have a duty to disclose ‘all material facts’ when you take out a policy of motor insurance. If the car is higher powered than standard that is a material fact and there could be an issue in the event of a claim.

It’s not quite as simple as the policy being entirely invalid. Motor insurance in Ireland is issued in accordance with the road traffic act 1961, as will appear on the top of every insurance certificate. If the driver is insured, it will be very difficult for the insurer to deny any third party liability - but damage to your own car may potentially be another matter if it can be proven that you misled the insurer as to the risk.

An insurer could conceivably seek records from the cars control modules after an accident, but the significance of this seems to be misunderstood by previous posters. The whole concept of insurance is that pays out after an accident in which the driver was negligent in their use of the car. So speed or the manner of driving for example won’t impact the validity of a policy.

That no longer applies, since S.8 of the Consumer Insurance Contract Act (CICA) 2019 came into effect on Sept 1st 2021. There is no longer a duty on the part of the consumer to disclose 'all material facts'. The procedure now is that they ask you questions, you provide truthful and answers and that's all there is to it, you have no responsibilites beyond that. It's well summarised in this document on the AIG website at the link below. Summary of the essential change follows....

For consumers, their pre-contractual disclosure obligations have been changed. CICA removes the duty to disclose all material facts on consumers and replaces it with an obligation for consumers to answer all questions the insurer asks honestly and with reasonable care. Failure to do so can result in the Insurer being able to rely on proportionate remedies for misrepresentation.

But if you already have a policy and you get the car remapped, I think that would constitute a material change to the risk profile and you would be obliged to notify the insurance company.

And factory specs.

It’s illegal not to tell your insurer about the power of your vehicle.

Under the law that requires you to be honest when entering contracts. So when you’re asked “has this vehicle been modified in any way “ you need to give an honest answer to have valid insurance.

What law is that?

A good point, although I suppose the insurer will have adapted its line of questioning to be suitably comprehensive, yet general enough, that the consumer would ultimately be responsible for non-disclosure in the vast majority of scenarios likely to arise.

Do you expect your insurer to pay out for catastrophic damage to other people or property resulting from your ‘enhanced’ engine? Insurance isn’t just about damage to your own vehicle.

No, the legislation anticipated that exact scenario - you have to be asked specific questions, they can't get away with 'catch all' questions and try to fall back on them afterwards. 'You should have told us that when we asked you if there was anything else we might need to know about you or your vehicle' is not allowed.

All those people no longer on run flats, or bought better brake pads etc are in for a nasty surprise when they go to make a claim. "Sorry, you have Sony Xplod from 2004. Your insurance is invalid".

Just magnetize it and reverse through Halford's at speed, and you'll have her finished.

Interesting discussion. I’m in my 40s and have 20 plus years with Axa and no claims but was declined last week for a remap and BMW M Performance brake kit (OEM kit supplied and fitted by BMW).

I had innocently assumed I’d have no issues with the brake kit at least so I was taken aback. Basically they said it’s linked to “drag racing / rallying” and heavily modified cars etc!

Not surprised now that many don’t declare mods but that’s not for me.

That is utterly ridiculous. Something designed to stop the car better and is OEM parts and insurance doesn't like it. No thinking whatsoever. "Computer says no" type thinking.