Summonsed for insurance

Dunne.Drift

Here is a quick low down of why i was summonsed to court, hopefully somebody will have a idea what i can expect. My mate bought a car & his father was insured on it, it was taxed & insured but no nct (it was booked in at the time). I was working on the car preparing it for the nct.

I am fully insured on my own car but i have a provisional permit/license. I took the car for a test drive after i had worked on it from preparing it for the NCT but i was not covered to drive it as i hadnt got a full license ( that what my policy states). Whats the worse i can expect in court?

I was fully insured to drive my own car but not the car i was working on & the car i was working on was fully insured at the time but not by me, by the owner of the car.

If you look at it, i technally had insurance cover for me on my own car & the car i drove was insured by the owner, so is the consequences going to be as bad as having no insurance?

Thanks

Midnight_EG

You weren't insured, big fine for you and a few points I think.

mondeo

I am pretty sure it's 6 points on your license for having no insurance and a conviction on top of that. You will probably be paying through your nose for insurance for the next couple of years...

Bad timing for yourself I think unless the judge can see it your way but I would not bet on it. Times have changed everyone just gets the book flung at them in court for instances like this.

Midnight_EG

Wait hold on, you were working on the car, are you a qualified mechanic?

If so do you have Trade Insurance for wherever you're working?

Voodoomelon

Also, under what circumstances did the Gardai find out you had no insurance? Was it a checkpoint, did they pull you over?

pa990

you're lucky that you weren't involved in any sort of accident

DonJose

Failure to have motor insurance or driving without insurance in Ireland is generally punishable by:

A fine of up to €2,500, disqualification of one year or more for a first offence and two years or more for a second offence, and at the discretion of the court, a term of imprisonment not exceeding six months.

In the case of a first offence of driving without insurance, the court may decide in special cases not to impose a period of disqualification or to impose a period of disqualification of less than a year.

Is this the full story? What were you doing to catch the attention of the guards?

ScouseMouse

My insurance mentions something about cover in connection with the repair and maintanance. Could this cover you? As previously mentioned, are you a trained mechanic?

If you could put this to the insurance company and they gave you a letter stating they idemnify you, then you were insured as you were fixing it, then you may have a way out.

Its worth looking at !

Good luck, its a stinker to be in.

MagicSean

The last case I saw for no insurance/NCT/provisional licence got €2000 fine and 1 year ban. First offence. But they didn't show up for court so I think the judge was mad and convicted in their absence.

Dunne.Drift

@Donjose, yes it is.

@superscouse, my insurance metions that but it says '' The insured & any person driving whose driving is covered except any person in the motor trade who is driving with the policyholders consent for the purpoe necessitated by the overhaul, upkeep and/or repair of the insured vechicle'' From my understanding, that dosnt cover me.

Seems just like what i thought/expecting.. My fault end of the day & i accept it!

For the few that are woundering, yes i am a apprentice & It was outside the garage nothing to do with it.

murraymarmalade

Midnight_EG wrote: »

You weren't insured, big fine for you and a few points I think.

op..........ignore this post,this poster no more than anyone else knows how this will be dealt with in a court of law,perhaps you wer insured unknowingly

gl

-Chris-

murraymarmalade wrote: »

perhaps you wer insured unknowingly

How so?

Stoolbend

@OP Did you check your mates dads insurance to see if you'd be covered.

I've an old insurance cert here that says anyone in the motor trade driving the vehicle for purposes necessitated by the overhaul, upkeep and/or repair of the vehicle for the insured is covered for driving.

It's a Hibernian cert.

thebiglad

barry81 wrote: »

@OP Did you check your mates dads insurance to see if you'd be covered.

I've an old insurance cert here that says anyone in the motor trade driving the vehicle for purposes necessitated by the overhaul, upkeep and/or repair of the vehicle for the insured is covered for driving.

It's a Hibernian cert.

+1 on that - many policies will provide cover to the vehicle whilst with a mechanic - make sure you check before just accepting non-insurance.

Of course, you may have to prove you are a mechanic for the purposes of the policy definition but it is at least an option to consider.

oldyouth

I'll cut to the chase

By your own admission, you drove the vehicle for the purposes of a test drive having worked on it. Unless you have a Motor Trade policy, your own policy can only extend to driving other vehicles for 3rd party insurance for Social Domestic & Pleasure circumstances and will normally exclude Motor Trade activities.

If you are looking to be covered under the owner of the vehicles insurance, you need to see their certificate to confirm if you are covered there

DonJose

Don't forget the OP holds a provisional license, would a motor trade policy cover a provisional license?

Guy:Incognito

Would the mechanic in question not have to hae some sort of garage policy or official letter from the garage to say he was working on the car on their behalf? Otherwise anyone that's ever worked as a mechanic could drive any car they like and just say they were fixing it.

Midnight_EG

murraymarmalade wrote: »

op..........ignore this post,this poster no more than anyone else knows how this will be dealt with in a court of law,perhaps you wer insured unknowingly

gl

Excuse me? Have you any idea of what's gonna happen to the OP? Have you been reading every thread on Motors like I have, which says the exact same thing I did to every query about the court system?



Hmm, that's a no I guess

galwaytt

Stekelly wrote: »

Would the mechanic in question not have to hae some sort of garage policy or official letter from the garage to say he was working on the car on their behalf? Otherwise anyone that's ever worked as a mechanic could drive any car they like and just say they were fixing it.

No, he doesn't. Most do, yes, but the insurance for the vehicle in question being worked covers anyone in the trade to drive it, TPO probably, for the maintenance or upkeep of it.

If OP was legitmately doing that, that may be the clause you're looking for. Either way, I'd bring that up to either the Guard or Judge, on the day. Absolutely nothing to lose by doing so.

endurodave

It looks pretty clean cut from what i read that you were not insured to drive the car so prepare for what the judge throws down at you probably 6points and an endorsement if your lucky.

Guy:Incognito

galwaytt wrote: »

No, he doesn't. Most do, yes, but the insurance for the vehicle in question being worked covers anyone in the trade to drive it, TPO probably, for the maintenance or upkeep of it.

If OP was legitmately doing that, that may be the clause you're looking for. Either way, I'd bring that up to either the Guard or Judge, on the day. Absolutely nothing to lose by doing so.

My point was though that most policies (all the ones I've had have had it) allow people nt he trade to drive hem. But I hav'nt seen a definition of what they need to prove they are in the trade.

I mean if I go and serve my time as a mechanic can I then drive anyones car under the "in the trade" exemption forever?

Milk & Honey

The o/p was probably not committing any offence of driving without insurance. There was insurance on the vehicle. Under European law the insurer is bound to indemnify any injured third party. there is a case in the Supreme Court about this at the moment. There are barristers defending people in the o/ps position at the moment. Some are getting off. Some have to appeal. There are a couple of other defences the o/p could use. He should get proper legal advice from one of the specialist lawyers in this area.