Claiming on a provisional license-help!!

emilyeve

Does anyone know what would happen if you are on a provisional license, driving without a fully qualified driver and are involved in a car collision where the other person is at fault? Do you lose your rights to claim altogether? The other person is definitely at fault but are suggesting that if I make a claim there will be serious "legal implications" for me? I'd really appreciate any help or advice!

seanybiker

Be prepared for people on their hi horses.
I know a few people who claimed over the years on a provisional and had no problem. Dont mind what the other person says, they obviously want to scare you out of claiming.

oldyouth

I'm not on a high horse, but I can see some difficulty ahead. The 3rd party is already making noises as to how it might be serious for you, so it is possible that he will allege you were at fault. Both insurers will look at the facts as presented by their own client and make a decision as to where they stand on liability.
On one side there is (presumably) a qualified driver saying one thing and on the other is an unqualified driver, in breach of his licencing conditions, on the other. Without independant witnesses it could get messy

emilyeve

I don't see any way he can claim it was my fault,the back of my car was done in so thats proof enough. As far as i know the person that hits the back of your car is always at fault? Im more worried about the fact I didnt have a fully licensed driver and the implications of that.

weeder

my friend had an accident yesterday and is in the same boat.The garda at the scene said my friend wasnt in the wrong but the other driving is threatening to "counter sue" would like to hear peoples opinions.

jhegarty

The status of your license is a matter between you and the guardi , it's nothing to do with the other party and doesn't effect the fault of the accident at all.

Alanstrainor

As mentioned, these threads usually attract a lot of people out to make these things way worse than they are.

I've never heard of a situation where by a claim hasn't been paid out as a result of someone driving unaccompanied when they were not at fault. Leave it to the insurance companies to sort out.

L1011

Its highly unlikely anything will happen to you - if the other driver is at fault, they're at fault whether you had a full or provisional licence. Its up to the Guards to catch and prosecute unaccompanied drivers, not those at fault in an accident.

weeder wrote: »

my friend had an accident yesterday and is in the same boat.The garda at the scene said my friend wasnt in the wrong but the other driving is threatening to "counter sue" would like to hear peoples opinions.

Friend should tell him to go try, will be fun to see him laughed out of court for a frivilous action.

CoDy1

You are still fully insured, might have a problem with the gaurds but you are still insured regardless. I have had dealt with a few claims like this and the company's have paid out in full.

Anyway, you should pursue the claim off the third parties insurance if they are at fault.

Pkiernan

emilyeve wrote: »

Does anyone know what would happen if you are on a provisional license, driving without a fully qualified driver and are involved in a car collision where the other person is at fault? Do you lose your rights to claim altogether? The other person is definitely at fault but are suggesting that if I make a claim there will be serious "legal implications" for me? I'd really appreciate any help or advice!

If the other person is threatening "serious legal implications" for you, then he is attempting extortion in the eyes of the law. This is illegal.

Make the claim against him or his insurance company. His insurance company is obliged to pay out.

The worst case for you is that you will be suject to penalties for driving without a fully licensed driver in the vehicle with you, but this is a matter for the Guards, not the other party or his insurance company.

You should have no more contact with the other party whatsoever.

franksm

Pkiernan's post is all true ^

The Guards won't be interested really, not unless it was a very serious accident or there were allegations of dangerous driving.

Experience shows that the insurance companies will just deal with the case for you and not even mention the provisional bit. I'd ignore the extortion from the other party, they're just trying to bully you.

stainluss

emilyeve wrote: »

The other person is definitely at fault but are suggesting that if I make a claim there will be serious "legal implications" for me? I'd really appreciate any help or advice!

Sure you'll have that.

I had a collision on a provisional unnaccompanied and the claim went ahead as normal.. nothing was mentioned about the driver thing.

And if the Gardaí hear about it chances are you won't get the fine.

Toots

OP, did either your or the other driver call the Gardaí at the time of the accident?

emilyeve

no the guards werent called it was a minor enough accident, does that make a difference somehow?

loobylou

If the guards were'nt called, how would the other driver know what sort of license you had? Did you volunteer that information to him? Any way, it sounds to me like he's trying to bully you out of claiming. Don't let it happen.

Alanstrainor

loobylou wrote: »

If the guards were'nt called, how would the other driver know what sort of license you had? Did you volunteer that information to him? Any way, it sounds to me like he's trying to bully you out of claiming. Don't let it happen.

+1, it's nothing to do with him.

emilyeve

Well I had L plates on my car so it was pretty obvious. I made the claim anyway which wasn't problematic at all, but the guy is still trying to contact me so presumably he won't let it rest. Have to see what happens i suppose.

Drake66

emilyeve wrote: »

Well I had L plates on my car so it was pretty obvious. I made the claim anyway which wasn't problematic at all, but the guy is still trying to contact me so presumably he won't let it rest. Have to see what happens i suppose.

You should have nothing to worry about from an insurance perspective. By law an individual is entitled to be indemnified for personal injury and damage caused by the negligence of another party. If the other party struck your car from behind it is a cut and dry case as regards apportioning blame. You are perfectly entitled to make a claim to indemnify yourself against the other drivers insurance. Don't listen to anyone trying to put the frighteners on you.

Quandary

emilyeve wrote: »

Well I had L plates on my car so it was pretty obvious. I made the claim anyway which wasn't problematic at all, but the guy is still trying to contact me so presumably he won't let it rest. Have to see what happens i suppose.

You are under no obligations to take his calls. Let your insurance company sort it out with his insurance company. If you need to actually do anything then your insurance company will let you know.

Drake66

oldyouth wrote: »

I'm not on a high horse, but I can see some difficulty ahead. The 3rd party is already making noises as to how it might be serious for you, so it is possible that he will allege you were at fault. Both insurers will look at the facts as presented by their own client and make a decision as to where they stand on liability.
On one side there is (presumably) a qualified driver saying one thing and on the other is an unqualified driver, in breach of his licencing conditions, on the other. Without independant witnesses it could get messy

This is patently untrue. "Licensing conditions" don't enter into the equation when making a claim on an insurance policy.

ADI34722

The only time i heard of this happening is when the Prov Licence holder is at fault. The injuired party is still covered but with regards to the damage to your own car it may be pointed out in your policy that you are required to have a full licence holder in the car with you at all times. However in this case you are not claiming from your own insurance company so it wont come into play.

You and your car will be fine.