Published on 12, July, 2020
Hi all, I hope you are all safe and well ? This is my first post, I am posting on behalf of a friends acquaintance. They have asked me to find any information regarding discrimination and policy procedures with regards to car insurance.
Last week (Julie) had a car accident, thankfully she was not injured, but her car insurance have advised her that Insurance is void resulting in a very expensive claim and the hiring of a personal insurance lawyer, The insurance company have voided her insurance due to the non disclosure of her diagnosis. (unfortunately I do not know how they have become aware of this information). I have managed to find the following information - which also seems to have huge grey and contradictory areas, If anyone out there can advise me further or point me in another direction, this would be greatly appreciated. I am hoping from this post we can either educate each other or bring to light the unfair discrimination of Car Insurance companies in general.
Car insurance companies should be notified of a disability. Under the Equality Act 2010 (or Disability Discrimination Act 1995 in Northern Ireland), insurers can only charge disabled people higher premiums if the extra charge is based on factual or statistical data, or there are other relevant factors which indicate that a disabled person is at higher risk.
The NAS Autism Helpline does not know of any car insurance companies who are specifically aware of ASDs. We can only suggest that you check in detail the policy of individual insurace companies. Please see the 'Useful contacts - insurance' section below for details of some specialist companies who provide insurance for people with a disability. Gov.uk states
Autistic spectrum condition (ASC) and driving
You must tell DVLA if your autistic spectrum condition (ASC) affects your ability to drive safely. This includes Asperger syndrome.
You can be fined up to £1,000 if you do not tell DVLA about a medical condition that affects your driving. You may be prosecuted if you’re involved in an accident as a result.
If you’re applying for your provisional (learners) driving licence
You do not need to tell DVLA about your condition unless you think that it may affect your ability to drive safely.
Ask your doctor if you’re not sure if your condition will affect your driving.
Car or motorcycle licence
If you already have a car or motorcycle licence you need to tell DVLA if:
Fill in form A1 and send it to DVLA. The address is on the form.
Many thanks in advance and thanks for taking the time to read !!
If it helps reassure you then yes, discuss it with DVLA first and then insurance company if you wish.
As far as I know the DVLA or insurance companies won't be concerned if you let them know you are autistic, but I assume they would ask if you are able to drive safely.
Moral of the story is if you want to be on the safe side then just tell DVLA and your insurance you have an ASD then you are covered no matter what if it worries you then there's no comeback.
Personally because my driving has never been affected with my diagnosis before I was diagnosed and after then I have never bothered to inform anyone as it doesn't affect how I drive. But I will after reading this post call both to notify and they can then tell me if anything needs changing.
Things can change, you may become more withdrawn, or burnout and that could affect your driving by being less aware, or less focused on driving. You may need medication which might be sedating and may affect your driving.
Its own judgement and responsibility to inform DVLA if you are not safe to drive, that applies to anyone driving for any reason. It may never happen, or until it does, relax and enjoy driving.
What about if you've already been driving 20 years no problems before your diagnosis. To me that proves your ability to drive as you would of had to pass your driving test also.
You don't just develop Autism overnight you are born with it.
Thank you for sharing
I fully support the people who have suffered from such firms. I think it is very bad that since the pandemic, large firms have begun to profit from people and earn money from them in a not quite right and honest way. Well, at least I found a good car insurance company in these terrible conditions; I advise you to pay attention to youi.com.au. The guys take a very responsible and honest approach to fulfilling their duties. They have an individual approach to each client. So I sympathize with everyone who has suffered from such actions and wish to face this more.
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correct thinking
If you’re a driver in North America, there is going to be an auto insurance plan for you.
According to the Gov.uk you need to declare only if it affects your driving.https://www.gov.uk/asc-and-drivingStatistically unmedicated drivers with ADHD are more likely to be involved in serious road traffic accidents. However, once medicated they are no more likely to have accidents than any other section of society. I can find no evidence that ASD, on its own, increases the likelihood of having an RTA.I held my licence before diagnosis and other than my diagnosis, nothing has changed.
If you’re a driver in North America, there is going to be an auto insurance plan for you. Suppose you have accumulated more than $40,000 in unpaid damages through auto accidents. In that case, you can apply for either a cash reduction or a replacement auto ticket with your damaged vehicle in the care of a local dealership. Suppose your car has been involved in an accident while being driven under the influence of alcohol or other drugs. In that case, there is also an option of getting a permanent replacement vehicle.
what about them ?
What about ICD-10 diagnoses?
this wasnt even mentioned during my diagnosis --- i would say your GP could decide i dont really know. i assume its would be for level 3 and some level 2
NAS67150 said:You must tell DVLA if your autistic spectrum condition (ASC) affects your ability to drive safely. This includes Asperger syndrome.
IF, IF, IF, IF, IF, IF, IF.
Who gets to decide IF? Yourself.
I don't know anybody with ASD who has driven a car with a doctor as a passenger in order for them to determine whether or not their condition affects their ability to drive safely.
Therefore it's only necessary to inform the DVLA or an insurance company if a doctor puts something in writing on your medical records. You might have to take them out for a drive first....
Welcome to the forum
That's the same way I look at it. I've been driving since 1991 and was diagnosed in 2018, it never had any impact on my driving at age 17 and I'm still that same kid that passed the test back then. DLVA only needs to be told if it has any effect on driving, in my case it doesn't so in my eyes it's none of my insurer's bizwax.
When I was diagnosed (in 2013) I explicitly asked if this was something for which I would have to notify the DVLA. I was told that it was not.
My view is that if the DVLA don't need to be told then insurers do not either. All of the disability related questions I've seen when applying for car insurance are worded very much along the lines of "Do you have a notifiable disability" so it's easy to truthfully answer, "No."
This means that I'm in agreement with others here: the insurance company are likely in the wrong.
As others have said, this seems like a classic example of an insurer attempting to avoid paying a valid claim. I would first start by looking at the entire policy document and see what it says about disabilities, etc. In depends on the wording used, but it would specifically have to say something along the lines of them being made aware of ASD at the time of taking out the policy. You might also want to see if there was anything in the applications process (which should be detailed in the personal details section of the policy document) which specifically asked for such. If your friend wasn't asked about this, then they can't simply introduce it later as a way of not paying.
Also, if it doesn't affect or impact their ability to drive, then in my view it's irrelevant.