Claim ownership

RonnieL · 31-03-2023 8:50am #1

Hi!

Almost 5 years ago, I crashed my wife's car. I was a named driver, and she was the policy holder. Now I want to get my own insurance. All of the online insurance quote forms ask if you (the proposer) have any claims in the last 5 years. My question is - do "I" have a claim in the last 5 years, or was the claim hers (even though it was me who crashed the car)?

Thanks!

Eggs For Dinner · 31-03-2023 9:09am

She had the claim, you had the accident, which you should declare if asked. Only a policyholder can 'claim' indemnity under an insurance policy.

cml387 · 31-03-2023 9:29am

Theoretically it seems there is a double whammy.

If you have a car and your wife has a car and you crash your wife's car (there is a claim on the insurance)

a) The wife's insurance will go up because of the claim

b)You need to declare the accident to your insurance company when renewing which will increase your premium.

The key thing here is don't have an accident.

NUTLEY BOY · 12-04-2023 11:26am

https://www.boards.ie/discussion/comment/120422204#Comment_120422204

Would a motor insurance contract not indemnify a named driver personally within the terms of the policy and the certificate of insurance ?

Eggs For Dinner · 12-04-2023 3:09pm

https://www.boards.ie/discussion/comment/120468472#Comment_120468472

The insured allows the driver use of the vehicle. By naming the driver on the insured's policy, the insurer agrees to indemnify the insured if a liability arises from such use,, should indemnity not be available elsewhere (such as the driver having driving of other cars under his own policy)

NUTLEY BOY · 13-04-2023 11:52am

https://www.boards.ie/discussion/comment/120469545#Comment_120469545

This confuses me slightly - I may have missed a point.

The driver is legally liable for his negligence. The owner is legally liable vicariously for the driver's negligence.

Suppose that proceedings were issued. The owner and the driver would be nominated as co-defendants. In OP's situation the insurers would enter appearances for both defendants and there would be no subsequent action for indemnity and contribution as between driver and owner. IMHO that definitely constitutes indemnity to both OP and his wife in their respective positions.

BTW we do not know from OP if there was a third party claim as a consequence of the crash.

Whist appreciating recent changes in practice and law about what should be declared I would, in OP's position, definitely declare the accident to keep myself in the right with insurers. I would not fancy splitting the meanings of claim and accident. That said, if there is any ambiguity, that should be resolved against an insurer on the basis of the contra proferentum rule but who needs that headache.

Eggs For Dinner · 13-04-2023 1:18pm

I agree with what you're saying with regard to liability and providing indemnity. My point is that the claim for funds under the policy belongs to the insured. It's like an employee driving a company vehicle and having an accident. The claim belongs to the employer, the accident belongs to the driver

Claim ownership

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