Car accident- photo on licence out of date

alm721

Hi, I wonder if anyone can help.

If you have a car accident and then discover that the photo on your licence is out of date, does that invalidate your insurance and can they refuse to cover 3rd party claims? Any advice would be very much appreciated. Thanks

marlot

It's an offence to drive on an expired photocard. If it's been some time, I believe that the licence can be revoked.

But it should not invalidate your insurance. Is your insurance company saying otherwise?

https://www.fleetnews.co.uk/blog/entry/legislation-expired-photos-do-not-invalidate-driving-licences/46025/

Aretnap

marlot wrote: »

It's an offence to drive on an expired photocard.

It isn't actually. The offence is failing to surrender (ie renew) the licence when the photo expires, and you commit it whether you drive or not. You don't commit a further offence by driving having failed to surrender it.

As the article alludes to, it's the same as failing to update the address on your licence when you move house - an offence definitely, but not one which affects your entitlement to drive.

alm721

Yes, the insurance company are saying that because the photo card was out of date, then they will pay out to the third party, but the money will then have to be paid back to them because of this. Does that seem right? We know that the out of date photo doesn’t make the licence invalid (unless it’s revoked, which it wasn’t) and the police have had no issue with it, it’s just the insurance company saying it invalidates the insurance.

marlot

What exactly does your policy say with respect to licences?

As always, if you're unhappy with what you're being told, raise a formal complaint with your insurer.

Then escalate to the FOS.

alm721

Thanks, we’ve requested a copy of the insurance to check and will certainly look to escalate it, just wondered if this was a common thing?

garth549

In my opinion they'd be on very thin ice refusing a claim simply for an expired photocard licence. I can't see how this would affect your insurable risk.

Insurers are not even allowed to refuse a claim if you have an accident without a valid MOT (unless the car wasn't roadworthy and this factor contributed towards it).

csgohan4

garth549 wrote: »

In my opinion they'd be on very thin ice refusing a claim simply for an expired photocard licence. I can't see how this would affect your insurable risk.

Insurers are not even allowed to refuse a claim if you have an accident without a valid MOT (unless the car wasn't roadworthy and this factor contributed towards it).

I do think it's a bit harsh to decline because your photo is out of date

Jumblebumble

csgohan4 wrote: »

I do think it's a bit harsh to decline because your photo is out of date

I am astonished that you still have not got confirmation about exactly what your certificate of insurance says about who is allowed to drive the car and what conditions are attached ?
How do you know if you were ever insured correctly if you have not got any certificate of insurance?
Can you not download it?

This is far more important than what someone in a call centre tells you.