Dodgy replacement car

Dec McC

Hi, i left my car in to get some minor repairs and was given a fiat punto which is in a bad shape to keep me going for a few days.
The brakes aren't the best, there's no reversing light, wipers don't work and it rattles like hell when i go over 50.
It also has no tax disc, no nct disc and no insurance disc but i did get my insurance transferred.
My question is what are the consequences if pulled over and who would be at fault/liable for any fines?

Guy:Incognito

AFAIK the driver is responsible for any car they are driving to be taxed (and showing a disc)

vengeance52

a friend of my was gettin his car fixed at his dealer, and was given a dodgy hyundi accent as a loaner, tyres bald and everything. i got in it and immediatly got out.

He pulled in beside a garda who was parked near he worked and asked them to look over the car. they looked over it and said it was not road legal.

He went straight back to the garage and told them what the guards said and ten mins later was leaving in a new fiat stilo with only 9 miles on the clock.

Dont Accept Dodgy Cars

Avns1s

Stekelly wrote:

AFAIK the driver is responsible for any car they are driving to be taxed (and showing a disc)

Agreed, but as well as the tax, I would have thought that it would be the responsibility of the driver to ensure that the car was roadworthy and in the event of an accident, the driver would be responsible for driving a car in non roadworthy condition. Could even have implications for the insurance cover.

crosstownk

First of all, the insurance disc from your own car should have been put into the replacement - this is normal practice. As previous posters have said - you are responsible for having a valid tax disc on display. Irrespective of whether or not you are being charged for the replacement car, you should tell the garage in question that the car is not roadworthy and you want a replacement car that is roadworthy. If you are getting the car for free then you may not be offered an alternative and will be on the bus/taxi/bicycle. If you are paying for the replacement then you are entitled to one that is roadworthy.

If something goes wrong it is your responsibility as you are the driver so don't take any chances if you are not happy - whatever about the tax which will incur a fine, imagine if those brakes that 'aren't the best' let you down :eek:

Turner

crosstownk wrote:

First of all, the insurance disc from your own car should have been put into the replacement - this is normal practice.

Wrong.

If you did this you would be guilty of displaying an invalid insurance disc, unless it is a trade policy.

You should leave the insurance disc blank and make sure you have a copy of your certificate of insurance (stating you can drive any car) or a transfer of vehicle letter form an insurance company.

crosstownk

Chief--- wrote:

Wrong.

If you did this you would be guilty of displaying an invalid insurance disc, unless it is a trade policy.

You should leave the insurance disc blank and make sure you have a copy of your certificate of insurance (stating you can drive any car) or a transfer of vehicle letter form an insurance company.

I beg to differ. It is the disc that the displays the policy number under which the driver is covered. If it is a private policy the reg number will be different, and I agree that this could be a grey area. If it is a block policy then it will display the name of the policy holder making it valid.

Even if you have the cert with you (edit - and no disc), you are still not displaying a valid insurance disc - which incurs a fine.

bo-bo

chief is right on this one - you should keep your cert and disc on you but do not display the disc - it is for a different vehicle.

crosstownk

bo-bo wrote:

do not display the disc - it is for a different vehicle.

You are assuming that the disc displays the reg number - this is not always the case. Some policies are 'block' policies, in which case the policy holder/company name is displayed.

Also, why carry the cert - in the event of an inquirey, you have 10 days to produce the cert at a Garda station of your choice.

bo-bo

crosstownk wrote:

You are assuming that the disc displays the reg number - this is not always the case. Some policies are 'block' policies, in which case the policy holder/company name is displayed.

Also, why carry the cert - in the event of an inquirey, you have 10 days to produce the cert at a Garda station of your choice.

ya, you are quite right, i did make that assumption.

i was bearing in mind that most people wont have a block policy and the op made no mention of having one either.

now, on the basis of the above, it is prudent to carry the cert as if you are stopped you are less likely to have any hassle in proving the fact that you are insured. not a perfect situation, but far better than displaying the disc from another car.

crosstownk

The most important thing about the insurance disc is the policy number and the validity of same - not the reg number. Replacement cars are handed out in their hundreds every day. If the temporary substitution of the policy holder's insurance was correctly done with the insurance company then everything can be verified by the insurer. It is the driver that is insured - not the car, but the driver's insurance is tied to a specific vehicle (in some cases - but not always) so the insurance company need to be notified of the change. I hand over up to 20 replacement vehicles a day and most insurance companies advise that the disc should be swapped.

crosstownk

bo-bo wrote:

i was bearing in mind that most people wont have a block policy and the op made no mention of having one either.

Most PRIVATE owners. But you are forgetting about the large amount of company vehicles on the road. I agree, though, the fact that the OP was given a crappy car seems to indicate that it is a private set up - rather than a corporate set up.

bo-bo

im not doubting your rationale, but why advise someone to do something which they could be prosecuted for. when you change a private policy, by law, you have 10 days from authentication to recieve and display your new disc

crosstownk

What's in question is a temporary substitution of insurance - this does not warrant a new policy or disc - just common sense. Why get a new disc for a temporary RV?

Turner

Because its the law to display a valid disc,

Our man in Havana

But most ins companies won't supply a cert and disc for a temp transfer.

Countryripple

Gosh, Ive had a few things done to my own car under warrantee over the last few weeks. Each time i was given a free replacment car by the garage. The first one was really bad not to mention it had no discs!! Then the last one I got had tax that was out since end of March so didnt feel so bad about one. I was never sure about the in's and out's of the law regarding the state and non disc displaying of these cars. Though i just presumed i wouldnt be responsable for not displaying them cos it wasnt ever my car. I did have my insurance changed on each though. The car that I bought from them had no current tax either so I guess its to be expected that the yokes they gave me to replace it hadnt either.

At least Ill no where I stand now next time I need something done on it!!

OldmanMondeo

As far as the car is conserned, I would bring it back. I would rather use the bus than take a risk with a dodgy car.

As for the insurance cert, I have never taken the disc out of my car to us in another, as Cheif says, it is displaying an invalid disc for that car. I was stopped before by a guard, while driving a garage car, explained that my situation and was sent on my way. No need to produce anything to a station.

If the tax/nct is out, the driver is liable should they be stopped, but if you get a ticket on the side of the road, this will go to the garage directly.

Dec McC

Didn't think it would happen but sure enough i got pulled by the cops in the dodgy car on the way to collect my car.
She asked where my nct cert, tax and insurance disc were and i said it wasn't my car and let on that i thought the garage was responsible. She was sound enough and asked why i hadn't removed the insurance disc from my car and placed it in the dodgy car to which i shrugged my shoulders and played dumb as i didn't listen to the advice in this thread about carrying my insurance cert with me.
Next she asked me to for my drivers licence which was when i realised i left it in my car:eek:
In the end she took my details and asked me to produce my insurance and licence within 10 days - very understanding

crosstownk

Dec McC wrote:

She was sound enough and asked why i hadn't removed the insurance disc from my car and placed it in the dodgy car

Your insurance disc carries the information relevant to the insurance policy that is covering you while you drive the replacement vehicle. The registration number may not be correct but all other details are. In the event of an accident you will need to swap these details withe the other party.

Essentially, as you have changed your insurance to the replacement car, the disc is valid because it bears the details of the policy that is covering you.

Gald to hear that the Garda was sound about it - you'll have no trouble as you did substitute your insurance to the replacement car and you insurance company will be able to verify this should the need arise.