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3rd Prov Driving alone? Invalidate insurance?

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  • 20-03-2003 4:56pm
    #1
    Registered Users Posts: 1,643 ✭✭✭


    Hi,

    I asked this before. The question went if you are driving unaccompanied on a 3rd Provisional is your insurance invalidated?

    The reply was No from a few of you. But I am more concerned now and was wondering if anyone had a definite backup for this claim?

    It has become more relevant for me as today I sat my test, theory and all was fine, but he would not conduct the test as there was a typo on my Tax disc.

    I have since called the tax people and they admit yes it was just a typo and the car was taxed. However I am now back in the queue for the test for god knows how long and I want to know exactly what I am risking by driving unaccompanied now and again on a 3rd prov. I understand there is 1 penalty point with this, is that all?

    In the case of an accident is cover still guaranteed?

    Cheers,

    JAK.


Comments

  • Registered Users Posts: 1,652 ✭✭✭Chimaera


    My own feeling is that your not insured, since you are driving illegally - I believe insurers will only guarantee you cover if you are driving legally. The best thing for you to do may be to ring your insurer and ask them


  • Registered Users Posts: 2,472 ✭✭✭Sposs


    if you pay your insurance and the car is in your name your insured end of story,what a prick of an instructor to not test you due to a typo.


  • Registered Users Posts: 1,643 ✭✭✭Jak


    Yah It was a royal kick in the teeth alright.

    I offered to call and just confirm the fact it was all ok, but he said no. Anyhows such is life.

    Regarding my query, I called them there and apparently as it stands now you are right Sposs. You are insured.

    However she did mention that it was a grey area so to speak that the insurance companies were likely to sit down and make a formal decision on sometime soon, as she had had many similar queries.

    Cheers,

    JAK.


  • Registered Users Posts: 15,399 Mod ✭✭✭✭Thanx 4 The Fish


    If you are driving illegally, you are not covered by insurance or so I was informed by Axa, also if they deem that the car is/was not roadworthy....

    If you are on your third license , you cannot drive unaccompanied, I had to check this out before but if you are unsure check here.

    Driver Testing Section,
    Government Offices,
    Department of Transport,
    Ballina,
    Co. Mayo.
    Telephone: (096) 24200
    Fax: (096) 24400
    LoCall: (1890) 40 60 40 (calls charged at local rate from anywhere in the country)


  • Registered Users Posts: 1,643 ✭✭✭Jak


    Well my insurance company are still covering me, and they said that until there is an open decision on it plus consultation with the gardai over prosecution, I will remain covered.

    JAK.


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  • Registered Users Posts: 2,280 ✭✭✭commited


    If you were an insurance company + someone who had been breaking the law asked you to give him money so that he can break the law some more, what do you think their answer would be?
    You arent insured.
    Crappy luck about the test tho :(
    Im stuck on the list myself..

    Can you still legally drive on your own on a second provisional, or have they changed that too?


  • Registered Users Posts: 8,386 ✭✭✭BrianD3


    Does anyone know of a case where an insurance company has refused to pay out after an accident because the driver was unaccompanied on a prov. licence? Yes, driving unaccompanied is an offence - but its only one of many offences that people commit on the road everyday. Let's say somone crashes while overtaking on a continuous white line - would their insurer refuse to pay out - I doubt it. Similar story with speeding, not wearing seatbelts, driving without due care etc. Is it just that prov. drivers are an easy target?

    Brian


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Originally posted by BrianD3
    Does anyone know of a case where an insurance company has refused to pay out after an accident because the driver was unaccompanied on a prov. licence?

    I don't think it's ever been enforced, but as your woman said, it's a grey area. I had a crash on my first provisional, unaccompanied, but the question of whether I was accompanied or not never arose.......

    Jak - have you tried to get any kind of recourse from the tax office for the cost of your test? Or indeed from the driver testing Dept, if the tester was in the wrong by refusing to go out with you? Tests aren't cheap, and neither is the extra insurance you'll have to pay for all that time in the queue, when you should (probably) already have a full licence.

    I would think that unless your insurance certificate expressly says 'This policy does not cover the use of the vehicle while in contravention of Irish traffic laws' then you're safe. In fact, no insurance company is probably even allowed to say this, as it kind of invalidates the need for insurance - if you're driving safely and within the law, you probably won't crash :)


  • Registered Users Posts: 1,652 ✭✭✭Chimaera


    Let's say somone crashes while overtaking on a continuous white line - would their insurer refuse to pay out - I doubt it. Similar story with speeding, not wearing seatbelts, driving without due care etc.

    I'd imagine they'd be perfectly entitled to tell you f*** off to be quite honest. You take out insurance to cover you against unforseen events, not to protect yourself cos you were driving illegally.

    Even if the insurance company tell you now it's ok to drive unaccompanied, I'd be very slow to do so, simply because it's quite easy for them to turn around and say to you well, you were driving illegally, and we're under no obligation to cover you. I'd also be inclined to dig out the policy document and have a careful read of it - they probably mention something about driving illegally in it.


  • Closed Accounts Posts: 14,483 ✭✭✭✭daveirl


    This post has been deleted.


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  • Registered Users Posts: 1,130 ✭✭✭Pimp Ninja


    Originally posted by daveirl
    AFAIK if you have a crash while breaking the law you're still covered for the 3rd party costs but I don't think that you'll be covered for you're injuries.

    That sounds about right, but the thing about this is it has absolutely no bearing on those driving on third party olny insurance, so they dont give a fcsk. Ranks up there with L drivers driving on motorways.

    Dont get me wrong I have nothing against L drivers, used to be one. But the law is the law, and there's a callous disregard for it out there.

    It goes back to the Irish mentality of 'Yeah I know its illegal, but everybody else is doing it so I'm going to do it too.'

    I never drove unaccompanied on any of my provisional licences (exception of motorbike, because its illegal to drive with somebody on a provisional). Because, I actually have a respect for the law in this country.

    It p1sses me off no end seeing L drivers driving unaccompanied, and making silly and obvious mistakes.
    Yes I am well aware of car sharing and that there are people driving with L plates on a car even though they have full licences. I'm talking about stupid mistakes like turning where there are no left/right turn signs. eg Nass Rd / Long Mile Rd current works. There's about 2 or 3 no right turn signs and I see people with L signes still doing it.

    Anyway I've gone way off topic, so I'll finish up with that.


  • Registered Users Posts: 681 ✭✭✭Dampsquid


    I'm talking about stupid mistakes like turning where there are no left/right turn signs. eg Nass Rd / Long Mile Rd current works. There's about 2 or 3 no right turn signs and I see people with L signes still doing it.

    But are L drivers the only people doing it? I drive past that every day, and every day you see a few people doing it. I've seen Taxi's, vans and other non L plate driver take that turn. So cut the crap!


  • Registered Users Posts: 1,643 ✭✭✭Jak


    I never drove unaccompanied on any of my provisional licences (exception of motorbike, because its illegal to drive with somebody on a provisional). Because, I actually have a respect for the law in this country.

    Legally you were entitled to drive on your own for 2 years on your 2nd provisional, it is only on the 3rd you revert to driving accompanied. This is a purely punitive measure to push people into doing the test etc. which is fine, but I'm afraid if I have to wait another 6 months for a test and am on a 3rd prov. now, I will choose to ignore this.

    As regards L drivers making illegal turns ... generalisation. They may not be as competent in the technical aspects of driving, but in my view they are more likely to obey the rules than 'old pros'.


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