Motor Car Insurance - implications of recently diagnosed medical condition

Hi all, I wonder if you could help me with a query on general branch insurance. I'm a couple of months into my private motor insurance policy. Do I have a duty to inform the insurer of a recently diagnosed medical condition? If I do is insurance cover withdrawn or a loading imposed?


My driving licence is valid for a few more years but I may have to notify the Driving Licensing Authority. At that point do they withdraw my licence or do they permit me to drive but I must obtain a medical certificate from my GP?


I've checked out the RSAs guide to medical fitness to drive guidelines group 1 drivers issued Feb 2013. I note the condition I have requires declaration but I am confused by their wording 'Medical conditions requiring declaration at application for and renewal of driving licence'.


My licence renewal isn't for a few years but does the new licensing authority consider disclosure of a medical condition as a reason to bring forward the renewal date of the licence. In other words on notification they effectively withdraw your licence until production of a medical certificate? The GP also has an obligation to notify but I'm not 100% sure if all of this is actual law at present or is it in the process of going through?



I am still having ongoing investigations. At present I believe the condition would not prevent me from driving but may require a yearly licence review.

Should I wait until these tests have been completed to inform Licensing Authority or my insurer? If I have to who do I inform first?


Thanks in advance for any views offered.

you have an ongoing duty to inform your insurer of any material facts. So yes you need to tell them. Don't know what the implication is because don't know what the illness is.

In most cases they follow the RSA in terms of what is required. They may request a GP or consultant letter.

About 10 years ago my late father was diagnosed with a potentially fatal aortic aneurysm that was inoperable. We implored him to stop driving. He took himself into his insurance company with the diagnosis and they told him he was fine to keep driving. We were a bit at the idea. It did eventually rupture and he did die, but thankfully it did not happen while he was driving.

peteb, phoned my insurer and they say I don't have to declare the health issue on my existing policy. I probably will on a new one so not sure what the implications are. I was told to report it to my local NDLS. The insurer didn't take my policy number so there probably isn't a record of my disclosure on my file. My personal feeling was as you suggested peteb and contact my insurer just I wasn't sure because I couldn't find any reference to the oibligation in the T&Cs of my policy document.

I agree with you emeralds it does seem a little odd but the recent regulations seems to have changed things a little although there still seems to be a lot of grey area. Now they seem to have new regulations where the Doctor decides whether you are fit or not. This puts Doctor's in a difficult position. Imagine a GP as a family friend has to tell you that you can't drive again. Doctor's could get quite a lot of flack being front line.

The new guide is quite confusing http://www.rsa.ie/RSA/Licensed-Drivers/Safe-driving/Medical-Issues/

Phoned NDLS and was told I had to report my condition and it was up to my Doctor to decide whether (a) I should drive, (b) if I should get a licence for 1 year or 2. My obligation is to take the form to NDLS within one month of when the Doctor signed it.

I'd imagine I should get a 1 year licence (medical grounds at €25). Just contacted my insurer and they state a medical condition will not result in an additional premium providing I have complied with legislation of reporting to my GP and NDLS. This is good news and thanks for all your help.

Hi Sumatra,

Could i be a bit of a cynic and suggest that you get it in writing (email) that you declared your medical condition to the insurance company and that they are happy to go with the doctor's medical report/licencing authority's decision to renew your licence etc

My fear would be that you crash, the insurance company pays out to the other parties and then they look for any loophole to recoup the money (as nearly all insurance copmpanies state in every T&C policy booklet - they can decide to go after you for the money). Then it's your word against them that you gave all the correct information and that you informed them.

Or am i just being too negative? I don't mean to worry you but if you own your home, assets, etc, you could potentially lose everything just fighting a court case - never mind losing it. And to be ill on top of it...

Just a thought,
Ladybird

PS i'd be very interested to be told i'm wrong (and why) as i have a personal interest in this topic. Unfortunately...

Hi Ladybird,

I don't think you are being negative at all and your suggestion makes sense to me so thanks for that.

When I read the policy T&C I couldn't see anything that states I had to inform the insurer about my medical condition. However, now you mention it there is a paragraph at the 'Contract of Insurance' which states: "The proposal form and Declaration signed by the insured or the Statement of Facts issued to the insured are the factual basis of the contract" unless there is something here.

There is also a section dealing with General Exceptions and Conditions where the insurer shall not be liable if a claim arises where the vehicle is being used or driven by a person without a licence. Perhaps this is where the insurer is covered? It is my legal duty to inform my licencing authority and for my GP to decide on the licence I should have. I guess my GP has a legal duty and I guess I have a legal duty and if I don't foillow up and report it and have an accident then it is found I shouldn't have been driving and because of thgis my insurance is not valid.

I think your idea to get it in writing would offer me a lot of comfort so thanks once again.

You're very welcome.

Best of luck with it and the health

Just to offer some solace to the OP. I was diagnosed with MS some 24 years ago. It was a very bad hit, but luckily I pulled out of it. My Insurance company were notified and yes they loaded me. Time has moved on and I have dealt with different Insurance companies. Each year I ask my doctor to prepare a condition report and he tells them the truth, that I'm in remission and have been for the past 20 odd years. The loading stopped some time ago and overall I class myself as a very lucky man.

I just carry on regardless, as I work on the basis that if it's not broken don't try and fix it.

OP, I wish you well with your condition and always look at the bright side of life.

Hi Sumatra. Firstly I hope you make a quick recovery. I looked up this very thing two months back for my Dad. In the UK / up north the driver licensing authority policy is crystal clear. You need to immediately notify them once diagnosed.
As you say here is totally different, the link you gave from the rsa is unclear whether you need to notify when diagnosed or when applying for a new licence. [broken link removed]

Good luck

I've read all you say and thank you all. I'll be back to you.