The “no valid driving license” clause in motor insurance policies has long been a point of contention between insurers, policyholders, and accident victims.
This clause allows insurers to deny claims if, at the time of an accident, the person driving the insured vehicle did not possess a valid license. But is it right to repudiate a claim on this ground—especially when innocent victims are involved?
From a legal perspective, the clause is justified. Most insurance contracts clearly specify that coverage applies only if the vehicle is driven by someone holding a valid and effective license. In such cases, insurers are within their rights to repudiate claims when the condition is breached. Courts have often upheld this stance, reasoning that the policyholder has agreed to these terms and that unlicensed driving increases risk.
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However, from an ethical and public interest standpoint, the issue is more complex. When an insurer denies payment, the burden often shifts to innocent third parties—passengers, pedestrians, or other motorists—who may have no role in the breach.
This outcome contradicts the broader purpose of compulsory motor insurance: to protect the public from financial hardship arising from road accidents.
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Recognizing this tension, many jurisdictions have adopted a balanced approach. Insurers are often required to first compensate third-party victims and may subsequently recover the amount from the insured if the policy terms were violated. This ensures that victims are not left uncompensated while still holding policyholders accountable for non-compliance.
In conclusion, while repudiating claims due to the absence of a valid driving license is legally defensible, it raises important questions of fairness and social justice.
A responsible insurance framework should protect innocent victims without encouraging negligence—a balance that ensures both accountability and compassion on the road.
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