Car insurance and medical conditions

BooJewels

We're currently involved in a complex dilemma with my husband's company car. There's one aspect of it I'd like some feedback on please, as I can't find any definitive answers or similar scenarios outlined on-line.

My husband has cancer and is currently off work sick after an intense in-hospital treatment that he's now recovering from and is signed off for another 6 weeks. He has a company car that he's contracted with permission for personal use and pays tax and for fuel accordingly. His employer have advised him this week that he's not currently insured until they ascertain his fitness to drive. So we have no wheels just now.

He supplied a letter from his consultant, worded, we thought, to cover the entire treatment and recovery process, some weeks ago. But they now want another letter saying that he's still fit to drive, as he's now post-procedure.

As he has cancer, he's protected by the Equality Act and his condition is not one that the DVLA require advising about. Although someone did report it to the DVLA and he filled in their medical forms and they said they were happy that it wasn't of interest to them, so destroyed his medical information and wiped the report from his record.

So if the DVLA aren't troubled and the insurance company's published policy only requires you to report points, convictions and prosecutions to them and advises you to contact the DVLA about medical issues first, are they entitled to demand medical information in order to continue to provide cover?

I can understand that they're a commercial enterprise that will want to ascertain your risk level to them, but as his condition wasn't required to be reported in the first instance, but was done so by someone a little over-eager to protect themselves, can they continue with this line of demands for continuous proof of fitness to drive? It never was an issue and he's never been told not to drive. We have provided another letter from the consultant, but they state they'll want one every time his condition or medicines change, which would be extremely unfair on his medical team who have never encountered this issue before as it simply isn't a medical complaint that would be of interest to the DVLA.

Can the commercial concerns of a company trump the decision of the DVLA and his protection under the Equality Act? He's not currently on any [condition-specific] medication and has no medical issues that would interfere with driving. Unless being hairless and periodically craving cheesy whotsits is an issue!

Interestingly, thinking we might be without insurance, he went to the insurer we used in the past when we had a private car and they offered him fully comp insurance and said they weren't in the slightest bit interested in his health if it wasn't something the DVLA listed. We just need a letter confirming his years driving on a company policy.

Quentin

Presumably his employer has the ultimate right to take the car off him,!

It will be easier to comply with the request rather than fight it!

At the end of the day remember who's car it is!

This is an employment issue rather than one for the insurance forum!

Maybe consider asking a board guide to move this thread to the employment forum

happyandcontented

I can see why you are annoyed but I am not sure this is a battle worth fighting. You can get the medical evidence (albeit a pain for both you and the medical team to do so) so to make it go away, and anticipating ongoing goodwill re sick leave etc from the employer I would just do so.

I would be tempted to ask the medical team to put a statement in along the lines of:

Patient x has x, he will be having various treatments for this condition, none of which will in any way impair his ability to drive. If that situation changes we will issue a letter to that effect but we do not foresee this happening'

BooJewels

Quentin wrote: »

Presumably his employer has the ultimate right to take the car off him,!

We think that is where it is headed. But as it is part of his contract, they can't do so without financial recompense.

It will be easier to comply with the request rather than fight it!

We have complied with everything to the letter to date - I said as much. But are the insurers within their rights to make such demands in the circumstances?

At the end of the day remember who's car it is!

It's not quite that simplistic - he has a contractual right to be provided with a vehicle. If he's not fit to be insured now, he won't be when he returns to work in 6 weeks, as nothing medically will change.

Quentin

Your OP does say that the employer has asked for another communication.

(Though now you say this is from the insurers??,)

Though do consider getting this thread moved (You say his condition doesn't need to be reported to DVLA so this isn't an insurance issue)

(If his medication has changed that sometimes does mean cancer must be reported if there are certain side effects to the medication)

BooJewels

happyandcontented wrote: »

I can see why you are annoyed but I am not sure this is a battle worth fighting. You can get the medical evidence (albeit a pain for both you and the medical team to do so) so to make it go away, and anticipating ongoing goodwill re sick leave etc from the employer I would just do so.

I did state that we have already done so - it's the on-going demand for regular updates that concerns us. Do the insurers have a right to ask for medical evidence for a condition that they didn't require him to volunteer and isn't an issue to the DVLA?

I would be tempted to ask the medical team to put a statement in along the lines of: [...]

That's pretty much what the first letter said, but they said it was too vague and they require more specific details at 'each stage' of his treatment or as things like medication change. The second letter is even more specific about what he's had done, his future recovery and continued fitness to drive. Several days on, we're still waiting to hear if they accept that letter.

happyandcontented

If it is simply 'whether they have the right' I think you need legal advice. We can't comment as we haven't seen his contract of employment or the policy the employers have with their insurers.

BooJewels

Quentin wrote: »

Your OP does say that the employer has asked for another communication.

The employer has asked us for it, stating that the insurers have asked them for it. The consultant's letter has been sent to the employer, then by them to the insurance broker and they sent it to the insurer. We're waiting to hear if the 'insurance underwriter' accepts this second letter. Obviously the insurer and broker don't communicate with us directly as we're not the policy holder, his employer are - it's a fleet policy covering many vehicles.

Though do consider getting this thread moved (You say his condition doesn't need to be to DVLA so this isn't an insurance issue)

It is an insurance matter, as asked, as I wanted to know if the insurer are entitled to insist on continual statements of fitness to drive, if his medical condition isn't of concern to the DVLA?

The employment and contractual issues are connected of course, but separate and we'll take them up with legal people tomorrow.

Quentin

You would need to know the wording of the insurance contract to get a definitive answer to your question.

Your husband could push this himself by speaking to his employer and asking what's behind all this! (And why his cover has been suspended)

Though there will be some mention of his responsibilities as a company car driver in his employment contract/company car driver handbook etc.

You really are dealing with an employment issue rather than an insurance one!

BooJewels

happyandcontented wrote: »

If it is simply 'whether they have the right' I think you need legal advice. We can't comment as we haven't seen his contract of employment or the policy the employers have with their insurers.

There's nothing in his employment contract or company vehicle policy to cover this scenario. There's no mention of periods of sick leave or insurance, just that he has to advise of any points or changes to his licence.

I can, of course, only see the fleet insurance policy as published - the employer may have terms or endorsements on their individual policy that we're not party to. But the copy emails we've seen between the broker and employer don't suggest they're complying with specific requirements. It certainly reads that the employer have volunteered this information when not required to do so and consequently have opened a can of worms.

Quentin

Is the car a perk or is it needed for him to do his job,?

If the former what does his contract say about the provision of the car,? if the latter then it's unlikely to be a right for him to have a car constantly