Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Please note that it is not permitted to have referral links posted in your signature. Keep these links contained in the appropriate forum. Thank you.

https://www.boards.ie/discussion/2055940817/signature-rules

Uninsured driver in accident

Options
  • 29-07-2010 4:24pm
    #1
    hokeypokey
    Registered Users Posts: 189 ✭✭


    Does anyone know what would happen if an uninsured driver under 18 with a provisional license crashed was into by someone else? what penalties or fines would be incurred?


Comments

  • Options
    #2
    Nozebleed
    Registered Users Posts: 1,727 ✭✭✭Nozebleed


    prosecution. i hope.


  • Options
    #3
    Jarren
    Closed Accounts Posts: 4,692 ✭✭✭Jarren


    1


  • Options
    #4
    Dublin_Gunner
    Registered Users Posts: 7,692 ✭✭✭Dublin_Gunner


    hokeypokey wrote: »
    Does anyone know what would happen if an uninsured driver under 18 with a provisional license crashed was into by someone else? what penalties or fines would be incurred?


    So you're under 18, you've no insurance, and only a provisional with no qualified driver in the car with you, and someone ELSE caused an accident in which you were involved?

    The other drivers insurance company would be liable to pay for damages their driver might be liable for.

    You not having insurance / no qualified driver etc is a criminal matter, and its up to the Gardaí to chase that up should they choose.

    It has no bearing on the civil matter of an RTA with the third party at fault.

    i.e you not having a full licence or insurance did not cause the accident.


  • Options
    #5
    Dublin_Gunner
    Registered Users Posts: 7,692 ✭✭✭Dublin_Gunner


    jarecki1976 wrote: »
    1

    You've mixed up the OP's post. The MIBI would not get involved in this instance as the uninsured driver did not cause the accident (so we're told).


  • Options
    #6
    hokeypokey
    Registered Users Posts: 189 ✭✭hokeypokey


    No damage was done to our car, but was not driving unaccompanied. Was driving in presumabley safe driving area for leaners and at a complete stop to let cars out when a member of a less than desirable ciommunity reversed stright out without looking and you can guess what conclusion they drew.


  • Advertisement
  • Options
    #7
    miju
    Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    hokeypokey wrote: »
    Does anyone know what would happen if an uninsured driver under 18 with a provisional license crashed was into by someone else? what penalties or fines would be incurred?

    well other person would still have to pay out (providing it was their fault). At a quick guess charged with driving with no insurace, failure to display insurace, driving without fully licensed driver etc


  • Options
    #8
    oldyouth
    Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    Off the top of my head

    For the driver it is a prosecution for driving without insurance and at least a decade of either being refused insurance or paying a huge premium

    For the person who was with you (assuming they own the car you were driving) is a prosecution for permitting an uninsured driver use their vehicle and years of high insurance premiums


  • Options
    #9
    rubensni
    Closed Accounts Posts: 350 ✭✭rubensni


    Driving w/o insurance is five penalty points and and a court fine.


  • Options
    #10
    R.O.R
    Registered Users Posts: 12,680 ✭✭✭✭R.O.R


    Nozebleed wrote: »
    prosecutionexecution. i hope.

    Sounds better to me.


  • Options
    #11
    rubensni
    Closed Accounts Posts: 350 ✭✭rubensni


    hokeypokey wrote: »
    No damage was done to our car, but was not driving unaccompanied. Was driving in presumabley safe driving area for leaners and at a complete stop to let cars out when a member of a less than desirable ciommunity reversed stright out without looking and you can guess what conclusion they drew.

    Was your friend who was driving the car on a public road, or on private land (i.e. an industrial estate).


  • Advertisement
  • Options
    #12
    hokeypokey
    Registered Users Posts: 189 ✭✭hokeypokey


    I'm told though that being a minor could make a difference...


  • Options
    #13
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    If you were stopped at the time then you were not at fault and you can claim from the other persons insurance. There was a similar thread a couple of weeks ago; if you can find it then youll find some advice. Might be in my post history if you want to look thru that.

    If the guards get involved expect points, a hefty fine and possibly jail time if the the judge deems it serious enough.


  • Options
    #14
    hokeypokey
    Registered Users Posts: 189 ✭✭hokeypokey


    rubensni wrote: »
    Was your friend who was driving the car ;);) on a public road, or on private land (i.e. an industrial estate).

    Parent with full license was with driver when driving in the grounds of a public school, private land i would say?


  • Options
    #15
    rubensni
    Closed Accounts Posts: 350 ✭✭rubensni


    hokeypokey wrote: »
    Parent with full license was with driver when driving in the grounds of a public school, private land i would say?

    A school would be private property all right. The key question is whether it is a a public place according to the meaning of the law. The Road Traffic Act 1961 defines a public place as "...any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge." So the school yard would appear to be a public place according to that, but nothing I have said here is legal advice.

    Make sure your friend gets a good solicitor and I think the driver may have a very good chance of getting off without a conviction if the circumstances you describe are accurate.


  • Options
    #16
    Anan1
    Registered Users Posts: 22,815 ✭✭✭✭Anan1


    hokeypokey wrote: »
    when a member of a less than desirable ciommunity
    Any more of that and it's a ban.


  • Options
    #17
    hokeypokey
    Registered Users Posts: 189 ✭✭hokeypokey


    rubensni wrote: »
    A school would be private property all right. The key question is whether it is a a public place according to the meaning of the law. The Road Traffic Act 1961 defines a public place as "...any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge." So the school yard would appear to be a public place according to that.

    Make sure your friend gets a good solicitor and I think the driver may have a very good chance of getting off without a conviction.

    The person who caused the accident is giving them a quote he or his parent cant afford to pay and the person will not go to a garage of my choosing...
    The Gardaí were called in this incident but werent sure but advised them to settle and knew they'd done nothing wrong and admitted to having done same practice in their youth.

    It just seems to be a case of getting hit by lightning...


  • Options
    #18
    hierro
    Registered Users Posts: 142 ✭✭hierro


    Does anyone know what would happen if an uninsured driver under 18 with a provisional license crashed was into by someone else? what penalties or fines would be incurred?

    Car accident is a civil matter, as an uninsured driver, the MRBI should be representing you. You will more than likely have to consult a solicitor if you wish to instigate the civil procedure.

    Generally speaking, road traffic offences are not criminal convictions. As the driver is under 18 and presuming they have not been in too much trouble, a JLO referral will more than likely be the way forward here, as long as you accept the fact that you have no insurance/licence.


  • Options
    #19
    rubensni
    Closed Accounts Posts: 350 ✭✭rubensni


    hokeypokey wrote: »
    The person who caused the accident is giving them a quote he or his parent cant afford to pay and the person will not go to a garage of my choosing...
    The Gardaí were called in this incident but werent sure but advised them to settle and knew they'd done nothing wrong and admitted to having done same practice in their youth.

    It just seems to be a case of getting hit by lightning...

    Well if the Guards aren't charging then it's a very different matter...

    I really can't say anything here beyond get a solicitor if your friend wants go down the road of disputing the cost of the repairs because if they or their parent was to argue the price your man who got hit is quoting and he's playing tough it could get very messy. These sort of disputes often end up in court, so make sure that all correspondence from now on is in writing.

    If it does get messy the fact that your man who got hit refuses to go to a garage of your friend's choice for a quote for repairs is very pertinent.


  • Options
    #20
    hokeypokey
    Registered Users Posts: 189 ✭✭hokeypokey


    rubensni wrote: »
    Well if the Guards aren't charging then it's a very different matter...

    I really can't say anything here beyond get a solicitor if your friend wants go down the road of disputing the cost of the repairs because if they or their parent was to argue the price your man who got hit is quoting and he's playing tough it could get very messy. These sort of disputes often end up in court, so make sure that all correspondence from now on is in writing.

    If it does get messy the fact that your man who got hit refuses to go to a garage of your friend's choice for a quote for repairs is very pertinent.

    The idea of paying him off is so as not have any legal proceedings... The person who crashed into my friend was totally at fault in this instance but it would be the possible fines penalties etc. against the minor and the driver.


  • Options
    #21
    -Corkie-
    Closed Accounts Posts: 10,025 ✭✭✭✭-Corkie-


    hokeypokey wrote: »
    The idea of paying him off is so as not have any legal proceedings... The person who crashed into my friend was totally at fault in this instance but it would be the possible fines penalties etc. against the minor and the driver.

    Well you or your friend shouldnt have been there in the first place. Hope they throw the book at them.


  • Advertisement
  • Options
    #22
    rubensni
    Closed Accounts Posts: 350 ✭✭rubensni


    hokeypokey wrote: »
    The idea of paying him off is so as not have any legal proceedings... The person who crashed into my friend was totally at fault in this instance but it would be the possible fines penalties etc. against the minor and the driver.

    Not what I meant by legal proceedings, I meant that in the sense that your man could sue the driver or their parent for the cost of the repairs. That is completely separate from any criminal proceedings.

    The fella who was hit can't say pay up or else...that is a matter for the Gardaí or DPP, and since the Guards didn't want to get involved at the time, then your man showing up weeks later at the Garda station to make a complaint would not be taken very seriously as any prosecution has to be in the public interest - they would have to hear both sides of the story before deciding to charge.

    Your friend should not be intimidated by his threats and should hire a solicitor if they're unsure where they stand. Nothing I have wrote in this thread is legal advice.


  • Options
    #23
    oldyouth
    Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    hierro wrote: »
    Generally speaking, road traffic offences are not criminal convictions.
    They are


Advertisement