Hi to all.
I have had my Class 1 for about 28 years, and well before I was 50 (8 yeas ago) had stopped driving HGVs and found another life. About 2 years ago I found myself needing to drive again, so found a job, and here we are again (the old life).
I took this job un a where that I needed to take a medical at 50 and renew my licence keeping my class1 active. I showed my new boss my licence and he didn’t notice that it needed renewing. Now after 1 1/2 years of driving for him I had a bump (not my fault lol) and my bosses insurance company has said, that being your driver did not have a valid HGV licence we are not paying the claim.
I have now renewed my licence and have full entitlement back to drive HGVs, and the company’s insurance have said they wont allow me to drive until I produce a Drivers Report from the DVLA (which should be here in a couple of weeks) and even after they get it they may not allow me to drive on the same policy.
The point I am asking a question about is…
do you think I am going to be liable and pay the cost of the bump
has the insurance company the right to refuse to insure me even thou
my licence is fine now. (will cost me my job if they dont)
Not asking for a miracle cure, just the facts of my liability and possible outcome please.
Your boss would be under most pressure as the operator. He is responsible for checking that people driving his vehicles are qualified/have valid qualifications but you are also responsible for keeping your licence uo to date. I dont see any reason why the other drivers insurance company couldn’t take either of you to court for the damages. The likelyhood is they’d take your boss as there is a higher chance of getting financial settlement from a company.
As ROG says, insurance companies can do what they want when it comes to offering cover.
What I am totally surprised about is that when you are put on an insurance policy, there is no check done by the insurance company, or any official process they must carry out, to find out if you have a valid driving licence or not. If there was my situation would not have arisen.
Anyway thanks for the reply’s, its just a waiting game now.
SantaFe:
What I am totally surprised about is that when you are put on an insurance policy, there is no check done by the insurance company, or any official process they must carry out, to find out if you have a valid driving licence or not. If there was my situation would not have arisen.
First of all welcome to Trucknet-UK
I don’t mean any offence and I hope you won’t be offended by this, but what happened to people taking responsibility for their own actions in life, why criticise the insurance companies legal requirements when it’s you who failed to keep your licence up-to date and your boss who failed to run his business in a responsible and legal manner.
It’s not the insurance companies fault any more than it’s DVLAs fault that you drove without a valid licence, you should think yourself lucky that you’re not being prosecuted for driving without a valid HGV licence.
As has been said, the insurance company have every right to refuse to insure you, and to be honest it’s not surprising that they want a DVLA report to ensure that you are now legally entitled to drive HGVs.
By the way your HGV licence expired when you was 45 not 50.
I know at the end of the day I am at fault, and do put my hands up, and should have done all the necessary checks beforehand, but when life is at an all time low, I was taking responsibility to keep mouths fed
I am not criticising or blaming the insurance companies way of dealing with this situation, just surprised there are no checks done prior to putting anyone on an insurance policy.
And I am most certainly not blaming my boss for (as you put it) failing to run his business in a responsible and legal manner, In fact he couldn’t be doing more to help me by finding me other work to do while this mess is sorted out, of which I am very grateful indeed.
I merely said I was “Surprised”, and wasn’t accusing or condemning their actions.
Perhaps we can get back to the point of why I posted, and my questions, I dont need to be told I am at fault, I already know that.
Wheel Nut:
I always believed that the wording on the insurance certificate was important the fact that he has held a licence should be taken into account.
In effect your license is revoked once it expires. If you do not renew the license you do not have one. If you do not hold the license at the time of the accident you are not insured.
