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No insurance

  • 11-02-2011 2:13am
    #1
    Registered Users, Registered Users 2 Posts: 22


    a friend crashed his van a week or two ago, he had no insurance. no other car was involved or any pedisterians etc. the guards came to the scene a hour or two later. what are the chace of the motorist gettting away with it? his not looking to claim for a new van or anything, just wants a clean slate, as he learned he lesson. the van was insured with 4 lads insured on it but not him. what are his optionins? he has to make a statement next week!. no other cars were involved. and the guards know it was him driving!.:mad:


Comments

  • Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    Probably get done for driving with no insurance. It doesn't matter if there was no other vehicles involved. He was still uninsured.



    You should set up a stall to feed all the horses for the lads on their high horses who will be along soon


  • Banned (with Prison Access) Posts: 7,102 ✭✭✭Stinicker


    TBH

    (Damn beaten to it)


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Clip clop, clip clop, the high horses are approaching

    OP, you are going to quoted and your friend flamed over this.

    But there will be the odd post with advice, good luck


  • Registered Users, Registered Users 2 Posts: 4,604 ✭✭✭dave1982


    This is gonna be bad


  • Registered Users, Registered Users 2 Posts: 22 rorysllvn2


    dave1982 wrote: »
    This is gonna be bad
    it was a sound guard that did come to the scene, he said he will try to let the driver away with it, but then again, thats not his word. whats the worst that can happen? 2 year ban?


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  • Registered Users, Registered Users 2 Posts: 22 rorysllvn2


    dave1982 wrote: »
    This is gonna be bad
    2 year ban bad?


  • Registered Users, Registered Users 2 Posts: 2,339 ✭✭✭congo_90


    judge may reduce sentence under conditions plus a fine. tell your friend to get legal aid eg solicitor.

    no imsurance for him but four others? company van?


  • Registered Users, Registered Users 2 Posts: 4,604 ✭✭✭dave1982


    rorysllvn2 wrote: »
    it was a sound guard that did come to the scene, he said he will try to let the driver away with it, but then again, thats not his word. whats the worst that can happen? 2 year ban?

    Depends on judge hard to say

    by sounds of things he left scence of a accident aswel
    Motor insurance offences: generally punishable by a fine of up to 2,500 euro, 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. Since 1 June 2003, where the court decides not to impose a disqualification drivers convicted of a first offence of driving without insurance will incur 5 penalty points on their licence record in addition to any other penalty imposed by the court.


    http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/penalty_points_for_driving_offences.html


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    rorysllvn2 wrote: »
    he has to make a statement next week!

    No, you don't.

    I mean, no he doesn't. Don't make any statements before talking to a solicitor.

    The guards can ask you to make a statement, and they may threaten to arrest or charge you if you don't, but you aren't obliged to do it, and they won't necessarily go easier on you if you do.

    Lots of people incriminate themselves in statements when there isn't enough evidence to charge them with anything if they keep their yap shut.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    dave1982 wrote: »

    It's only an offence to leave the scene of an accident when others are involved and you refuse to give them your details when requested. Since no one else was involved it's not a problem.


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  • Closed Accounts Posts: 12,456 ✭✭✭✭Mr Benevolent


    A two year ban from Motors would be a far worse punishment. I can't do without Motors.


  • Closed Accounts Posts: 1,307 ✭✭✭stephendevlin


    rorysllvn2 wrote: »

    a friend crashed his van a week or two ago, he had no insurance.


    insured with 4 lads insured on it but not him.!.:mad:


    He had had 4 people insured on his own van but not himself??


  • Registered Users, Registered Users 2 Posts: 2,089 ✭✭✭paddydriver


    Just be glad those 4 other lads were not in the van and hopping out rubbing their backs and saying how sore they feel:p

    Forget the punishment... what if he had ran into someone else's car and killed them or their kids etc.

    Clip clop..:D


  • Registered Users, Registered Users 2 Posts: 18,272 ✭✭✭✭Atomic Pineapple


    Whats with the high horse BS?

    He was driving without insurance and should be rightly punished, end of.


  • Registered Users, Registered Users 2 Posts: 4,183 ✭✭✭Fey!


    Worst case may be:

    If your friend didn't own the van, the owner could also be in trouble for letting your friend drive it, with the owners permission, uninsured. If the owner says that no permission was given, then there could also be a charge of taken without consent, or theft. Then there's the charge of no insurance on top of that, and the possibility of leaving the scene.




    Why is it that motors has everyone going on about high horses? Is there an equivalent for lack of common sense, or not engaging the brain?


  • Registered Users, Registered Users 2 Posts: 4,604 ✭✭✭dave1982


    slimjimmc wrote: »
    It's only an offence to leave the scene of an accident when others are involved and you refuse to give them your details when requested. Since no one else was involved it's not a problem.

    Thanks i assumed letting a van in a ditch on the side of the road was leaving the scene


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    rorysllvn2 wrote: »
    the van was insured with 4 lads insured on it but not him.
    Sounds like it was a company van?


  • Registered Users, Registered Users 2 Posts: 2 Badirene


    Use to work for an insurance company and most commercial vans are open drive, meaning anyone with a full Irish licence and over 25 are covered by the policy to drive. Get your friend to check with insurer of the van if the policy is open drive and present copy of the insurance docs to the Guards, if his is over 25 and has full licence happy days!


  • Registered Users, Registered Users 2 Posts: 23,312 ✭✭✭✭Esel
    Not Your Ornery Onager


    What did your friend you say to the garda at the scene? :D

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 1,893 ✭✭✭rex-x


    I have a story relating to this subject! my cousin and 2 friends took a friends car without asking while drunk and drove approx 10 miles to tesco.
    On the return journey they ended up in a ditch due in no small amount to the alcohol.
    our fine Garrdai were called etc took statements and then nothin ever came of it :rolleyes: that was a few years ago now. no licence. no insurance and plastered and as none of them were in the physical car when the guards arrived they all got nothing :eek:


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  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    1. Your pal is not obliged to make a statement to the Gardai. Nor should he in this circumstance.

    2. IMO nothing more will come of this matter - as long as nothing other than the van (eg Lamposts, fences, traffic lights etc) was damaged.


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    draffodx wrote: »
    Whats with the high horse BS?
    The old 'high horse' chestnut has been around Motors since the beginning. It can loosely be translated as 'I don't like what you're saying, but I can't construct an argument myself so i'll call you names instead'. Playground stuff, TBH.


  • Registered Users, Registered Users 2 Posts: 3,574 ✭✭✭pajor


    rorysllvn2 wrote: »
    it was a sound guard that did come to the scene, he said he will try to let the driver away with it, but then again, thats not his word. whats the worst that can happen? 2 year ban?

    Thought someone would have mentioned it:
    At the discretion of the court, a term of imprisonment not exceeding six months
    Citizens Information

    But I did read a while back that no one has actually been imprisoned for driving without insurance for a long time


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Repeat offenders do get jail.


  • Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    rorysllvn2 wrote: »
    a friend crashed his van a week or two ago, he had no insurance. no other car was involved or any pedisterians etc. the guards came to the scene a hour or two later. what are the chace of the motorist gettting away with it? his not looking to claim for a new van or anything, just wants a clean slate, as he learned he lesson. the van was insured with 4 lads insured on it but not him. what are his optionins? he has to make a statement next week!. no other cars were involved. and the guards know it was him driving!.:mad:

    He is under no obligation to make a statement. I find it difficult to understand why the Garda wants a statement, the only reason I can think of is that he (the Garda) wants to prosecute you your friend for driving with no insurance because since the Garda didn't see you your friend driving the van, the only way he can prosecute you him for driving with no insurance is if he gets a statement from you your friend saying that you he was driving. For that reason I'd recommend that you your friend politely declines to make a statement based on advice from your his solicitor.

    rorysllvn2 wrote: »
    it was a sound guard that did come to the scene, he said he will try to let the driver away with it, but then again, thats not his word. whats the worst that can happen? 2 year ban?

    If there was no damage to property or person other than the van then the Garda would typically walk away which most members of the force are happy to do because investigating road traffic accidents is a pain in the rear. If he really wanted to 'let the driver away with it' he would have given you him a caution on the spot (verbal warning) and left it at that. For a minor accident not involving anyone else there is no legal or procedural obligation on the Garda to take any action because driving without insurance is technically a 'minor offence' meaning he has full discretion to not prosecute, the same as if he saw someone parking on a double-yellow line.


  • Closed Accounts Posts: 155 ✭✭feelites


    if the man will cover the van damage, nothing will happen


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