Car insurance and section 88

Hi,
My car insurance is due to expire at the end of February but my three year licence runs out on the 11th of February. I did send the paperwork off to the DVLA in good time but realistically, I suspect I may need to drive under section 88 for a while as I’m not necessarily expecting my licence back before it runs out.
I am worried because I’m not sure how to get car insurance without a driving licence and even if I’m not driving my car I need insurance to cover it when it is parked.
Thinking about it, I’m not even sure whether my car insurance would cover me for driving under section 88? It seems like this is something I would have to tell the insurance company and I can’t think that they wouldn’t increase my premiums at the very least because of it.
I do apologise for any repetition because I suspect this question has been answered somewhere on this forum, I just can’t find the answer :grimacing:.
Thank you for any information anybody can offer.
Jx

1 Like

Good morning jackson … Why not renew your car insurance before February 11th.
Phone them up & pay by credit card.

I have a blue badge & have Parkinson’s. I told my insurance company & they did not increase my premium.

Best of luck
Steve2

1 Like

Hi Jackson,
I am a retired medical fitness to drive assessor who used to work in a driver assessment centre to whom DVLA referred drivers they were not sure about as a result of their desktop and clinical medical assessments - we actually went out in the car with people! The fairest way to check, provided the driver met the legal medical requirements. So… lets look at this for you - and anyone else reading this. I’ll cover associated things like insurance premiums as well, but recognise you are dealing with a section 88 scenario.
We need to unpick it, looking at all the players.

  1. Insurance companies have no medical remit to determine medical fitness to drive - that is the DVLA’s job. Insurers consider that if DVLA licence a driver, they will insure them. Not everyone knows that drivers diagnosed with P.D. must by law, inform DVLA of their medical condition, even if they are well. If you don’t, you have not fulfilled the licensing rules and it could be argued you are not properly licensed. Insurers could consider you uninsured in the event of a claim. They love any excuse not to pay out!.
  2. The DVLA will conduct medical enquiries at each licence renewal, and having (hopefully) determined the driver is fit to drive, then Insurers will insure.
  3. Either DVLA find the driver is fit to drive, or not. If fit, then any insurance hike would be disability discrimination and is not permitted. The ONLY circumstance a higher premium is permitted for someone disabled is if the driver’s vehicle is highly adapted to enable them to physically operate controls e.g. computer controlled joysticks, extra servos under the bonnet, extra backup systems in case of system failure etc. This is because the vehicle would be more expensive to repair or replace in the event of damage or theft.)
  4. At licence renewal, there may be a gap between licence expiry and re-issue of the new licence. This can occur for many administrative reasons, but during that time, provided the driver meets the criteria listed in DVLA information leaflet INF 188/6 they are covered to continue driving under section 88 of the road traffic act see:
    INF188/6 Can I drive while my application is with DVLA
    In summary, you must have submitted a valid reapplication - that means no mistakes or omissions on the form and any fee paid - and it must have been scanned onto the DVLA computer system, not just arrived in their post room! They get thousands of mail items a day and their post distribution system to each department is clever but complex, so I advise phone DVLA to check it has got onto the system as it can take a while. And your doctor must have no current medical reason to advise you should not be licensed.
  5. So - if you put all that information together, you can see that your insurer should insure you because you are legally licensed under section 88. If there is any hesitation, ask DVLA to provide you with a certificate of licensing.
  6. One other area section 88 can influence though, is car hire. Some won’t hire during section 88 cover. It is somewhat discriminatory for all reasons covered above, but at the moment, it is still a grey area.
    Hope that helps! (I enjoyed helping - I loved my job!)
1 Like