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Child Item

Car insurance.

obi604

my wife is between cars at the moment. Sold her car a couple weeks ago and she needs a car.

her insurance is up also

we haven’t purchased her replacement car yet, shopping around to find the right one.

her father has a car that he essentially never drives, the car is registered in his name.

can she get insurance on this car in her own fresh policy.

any advice welcome.

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con747

https://www.boards.ie/discussion/comment/121692626#Comment_121692626

Once you are honest on the form and answer everything they request honestly I can't see how there would be an issue but we all know insurance companies will look for any way out of a claim. I would hope once you don't lie about anything you should be Ok though.

obi604

https://www.boards.ie/discussion/comment/121692712#Comment_121692712

I double checked chill as herself did it first and said they did not ask who was registered owner of car and I was like are you sure.

so did it again myself just to test and no question about who is registered owner of car.

oh trust me I will be 110% honest as I know these insurance companies will do anything to get out of a potential case etc.

con747

https://www.boards.ie/discussion/comment/121692788#Comment_121692788

I think that whole "import" thing came up when the younger generation were buying Nissan Skylines and similar years ago AFAIK but stand to be corrected!

con747

https://www.boards.ie/discussion/comment/121692846#Comment_121692846

Yep, it's a jump through hoops game with them!

obi604

So do ye reckon I am ok here?

from some comments on this thread, it seemed the only way for this to work was to have the car in wife’s name, but now it seems I can proceed without this happening.

coylemj

OP, once you give honest and truthful answers on the proposal form, you're in the clear but watch out when you tick the box 'I have read and agree to the terms and conditions'. Be sure to read the Ts & Cs and sometimes there is a list of 'Assumptions' which you also need to read.

obi604

https://www.boards.ie/discussion/comment/121694147#Comment_121694147

True. Does it seem strange though that I can insure a car registered to someone else at normal prices. And that one broker didn’t even ask who the car I was insuring was registered to

not complaining etc 😁😁 but just wondering based on what’s been said here.

MikeCairo78

https://www.boards.ie/discussion/comment/121694779#Comment_121694779

So in 2019 there was passed a piece of legislation called Consumer Insurance Contracts Act, this was enacted in September 2020. This changed the nature of insurance contracts one this being insurable interest being a requirement for a contract of insurance(something not known by Board members), there is no longer a requirement to have insurance interest in what you want to insure, so you no longer need to "own" a car before you can insure it.

obi604

https://www.boards.ie/discussion/comment/121695005#Comment_121695005

ok, good to know, thanks for the great information. This really puts my mind at ease.

I was thinking of transferring car to wife name etc etc

so hopefully all above board then with the quotes my wife has got so far

is there anything in the small print I could get stung with or does the above act cover me?

coylemj

https://www.boards.ie/discussion/comment/121695005#Comment_121695005

But an insurer can still refuse to insure a car that you do not own. Or allow you to take out a fire policy on the house across the road. The law says they can't refuse a claim on the basis that the policyholder has no insurable interest in the asset, it does not say that they are obliged to issue a policy in the first place.

So if, in the Ts and Cs or the 'Assumptions' that you click on, it says that the policyholder must be the registered owner and principal driver of the car being insured, that rules out insuring a car that you do not own.

7. (1) A claim by a consumer under an otherwise valid contract of insurance shall not be rejected by the insurer by reason only that the consumer does not have, or did not have at the time when the contract was entered into, an interest in the subject-matter of the contract.

https://www.irishstatutebook.ie/eli/2019/act/53/section/7/enacted/en/html#sec7

obi604

did another online quote there with aviva and no question asked about are you the registered owner of this car

edit. did a few more as below

Del2005

https://www.boards.ie/discussion/comment/121695761#Comment_121695761

You need to read the assumptions and T&Cs. They will happily take your money with few questions, if you need to use the policy they will ask questions.

coylemj

https://www.boards.ie/discussion/comment/121696308#Comment_121696308

Reading the Ts and Cs and the assumptions is essential. But, at claim time, they cannot spring something out of the hat and make out that it was a 'material fact' that you failed to disclose. At proposal time (when you're filling out their form), they ask questions, you provide truthful answers, that fulfills your obligations.

8. (1) The duties in this section replace, at the pre-contractual stage of a contract of insurance, the principle of utmost good faith (uberrima fides) and any duty of disclosure of a consumer (including any duty on the consumer to volunteer information) that applied prior to the commencement of this section (whether that principle or duty arose at common law or under an enactment).

(2) The pre-contractual duty of disclosure of a consumer is confined to providing responses to questions asked by the insurer, and the consumer shall not be under any duty to volunteer any information over and above that required by such questions.

(3) Where the insurer requests the consumer at the pre-contractual stage to provide information to the insurer, the insurer shall be under a duty to ask specific questions, on paper or on another durable medium, and shall not use general questions.

https://www.irishstatutebook.ie/eli/2019/act/53/section/8/enacted/en/html#sec8

Del2005

https://www.boards.ie/discussion/comment/121696720#Comment_121696720

You don't have to volunteer anything but you do have to read the assumptions and T&Cs.

The OP has Aviva not asking if they own the car on the list that they posted. When they ticked the assumptions box to get the quote they never bothered to read them as the 3rd assumption about YOUR car on the website is

"Is owned by and registered in either your name or your Wife/Husband/Partner"

At claim time Aviva don't need to spring something out of the hat and make out that it was a 'material fact' that you failed to disclose. The OP ticked a box saying that they owned the car when they don't, which is a fairly major material fact.

obi604

https://www.boards.ie/discussion/comment/121697528#Comment_121697528

ah sugar, did I miss the Aviva assumptions so?

con747

https://www.boards.ie/discussion/comment/121697548#Comment_121697548

Would you not just ring them at this stage and ask? People here can only give you advice the actual insurance company can give you the facts which you can ask to be emailed to you so you have proof of what was said.

coylemj

https://www.boards.ie/discussion/comment/121697528#Comment_121697528

You quoted my post and kicked off by stating that '...you do have to read the assumptions and T&Cs'.

Which suggests that you failed to notice the first sentence of my post.....

Reading the Ts and Cs and the assumptions is essential

MikeCairo78

https://www.boards.ie/discussion/comment/121698035#Comment_121698035

I ran an Aviva online quote out of pure curiosity - ownership of the vehicle being quote is not one of the assumptions.

coylemj

https://www.boards.ie/discussion/comment/121698721#Comment_121698721

Don't know why you quoted me, your issue is with poster Del2005. In post #47 he contradicts what you just said.

He and I both agree that you always need to read the assumptions and the Ts & Cs.

MikeCairo78

https://www.boards.ie/discussion/comment/121699420#Comment_121699420

Apologies I have no issue, genuine interest on my own part. Apols if you took that up the wrong way.

Seems to be the norm on Boards from what I see. As I say absolutely no issue.

Apologies again