Insurance company wants insurance details of named driver

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kto.mkm

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Hi all!

I have a car insurance where I have added a named driver. When the named driver was driving the car they had a pretty serious accident and we are still waiting for the garadai report to establish who was at fault.
While my insurance company (AXA) is trying to gather all the information, they have also asked for my named driver to give them the insurance information that the named driver has, as they do have one under their name back in the uk, however the named driver refuses to cooperate saying that my insurance company doesn’t need this information and AXA should deal with it without involving their insurance.

If my insurance company will not receive all the information that they need, as per the terms and conditions (I do not understand that therefore I don’t know if they are right or not) they said that eventually they will back up and will not cover the damages if my named driver is going to be found at fault for the accident.

My question is, if the worse case scenario is going to happen and my insurance is going to back up, who is going to have to pay for the other vehicle damages? Me, the main person on the insurance from the car that created the accident or the named driver who was actually driving the car?

Please let me know if you need further details and thank you for your help!
 
If that information is totally necessary can the Gardai not get it from either the named driver or their insurance company.
 
Sue Ellen said:
If that information is totally necessary can the Gardai not get it from either the named driver or their insurance company.
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It has nothing to do with the Gardaí. The driver was insured.

The insurance company want details of any other insurance he may have, (they are entitled to this) but the Gardaí have no role in collecting info for an insurance claim.

The insurance company have asked for info regarding the driver not the owner of the car, who has no involvement.
 
When you added them as a named driver one of the conditions that they may have required is that the named driver has his own car and own insurance. They may have led to you having a cheaper quote to add the named driver. Axa may just want to validate that he met all their terms and conditions to be insured in your car.
 
It's possible that the named driver has "driving of other cars" cover on his policy in which case AXA likely to look for contribution from his insurers in the event that there is a claim to be paid. It's possible that if there is a payment from your insurer (AXA) and from the named drivers insurer both NCD's may be reduced. Not sure what AXA can do if named driver does not cooperate. They would still be on the hook for any TP claims, maybe they would stop payment for your damage.
 
There is other information posted about this issue here have a search under dual indemnity agreement and you will find it. I believe that while insurers may recoup some of the costs from the named drivers own policy the NCD is only impacted on 1 policy. Something I was not aware of at all until reading here. You as the policy holder would be obliged to furnish the information I would imagine as part of the terms and conditions of the policy.
 
cremeegg said:
It has nothing to do with the Gardaí. The driver was insured.
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Correct in that the Gardai won't collect and hand it over to you, but it is an offence to withhold insurance details in the event of an accident, see Duties on occurrence of accident. I had a case years ago where the insurance details the other party gave me at the scene were incorrect and they refused to respond to calls or texts. I called the Gardai and they had a quiet word, I got the details the next day.
 
Also the reason the insurers is saying they will go after you for the payment is that the are obliged to settle the third party claim. However there is also a condition in your policy wording say that you will fully cooperate with insurers in the event of a claim. And if you aren't providing the info to them, well as far as they are concerned you arent cooperating.
 
Usually named drivers are close family. Very disappointing for you that a family member would put you in this position. Do you think he's hiding something?
Any time I put my sister on my policy, I have to check lots of information with her first - such as whether she has any claims outstanding. I can't have her on my policy all the time because she lives overseas. But I can put her on when she visits for about 2 weeks at a time.
 
peteb said:
Also the reason the insurers is saying they will go after you for the payment is that the are obliged to settle the third party claim. However there is also a condition in your policy wording say that you will fully cooperate with insurers in the event of a claim. And if you aren't providing the info to them, well as far as they are concerned you arent cooperating.
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Are the insurers saying they will go after the OP. I don't see that in his post.

I cannot see how they could. The OP has no liability, he wasn't driving. The cost of damage to his own car if his driver is found to be at fault might be more difficult.
 
"If my insurance company will not receive all the information that they need, as per the terms and conditions (I do not understand that therefore I don’t know if they are right or not) they said that eventually they will back up and will not cover the damages if my named driver is going to be found at fault for the accident"

Above was what the OP said. He's the policyholder. It's his policy. And the named driver was insured to drive his vehicle and did so.

So you think the cost of damage to his own car will be less than any potential personal injury claim that may go against his policy??
 
cremeegg said:
I cannot see how they could. The OP has no liability, he wasn't driving.
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The car was being driven under the OP's insurance policy, so they have liability unless they can get it reassigned to another policy (which is likely what the insurers are trying to do at least in part). In law, the owner can be held liable for the actions of someone driving with their consent.

If the driver refuses to cooperate, the insurer can refuse cover as most policies contain exclusions where insured persons does not comply.

The driver is probably hoping this just goes away and they can pretend they have not had an event that requires notice to their own insurers.
 
When adding a named driver you are asked for that driver's driving history.

If you put down no penalty points and 5+ years claim free driving and it is found out that they had another accident 2 years ago and 8 points on their licence, they will not pay out.

So all they are doing is checking the driving history matches what was said.

Unless they are hiding something, there should be no issue.
 
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