Checkpoint- Insurance Complications

oscartrump

Stopped at a checkpoint for speeding last week. No complaints there, not too far, but significantly over the speeding limit. Wasn't taking the p*ss or anything! Asked to produce insurance details at station due to no disk.

Anyways, recently got new policy and didn't send my proposal forms off straight away. Now, today I found out that the policy had stopped after 7 days of an initial deposit due to not receiving the forms. So technically I was driving uninsured by 12 days...

I'm not one to condone this behavior, I can only say that I've been exceptionally busy since September and the forms just slipped my mind. My fault. I am however, extremely anxious about the whole situation as I understand the severity of the issue. I'm plan on visiting the Garda who stopped me and presenting my old policy details(which was cancelled due to forms) and my new insurance purchased today. I'm hoping that this sargent may use his discretion considering my situation. Any opinions on this? Or what I should say? Or am I completely f****d?

Anan1

I'd imagine you're looking at a fine and an endorsement, but not a ban.

yllw.ldbttr

I'd say you'll be very lucky to get any Garda exercising discretion.
I'm pretty sure they've heard every excuse in the book, fact remains, whether intentionally or not, you were driving (and speeding) without insurance.

The whole reason for check points is to catch people doing this, so that everyone else sees enforcement and complies.

Good luck with it, be honest with the Garda, it's the only chance you have.

oscartrump

What do you mean by 'endorsement'?

I've read through this, and it's not comforting...

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

Henry Ford III

Could turn out badly this one.

Did the insurer you paid the deposit to not contact you? I'd have thought having secured the business and some of your hard earned they'd have at least called.

oscartrump

They called twice and I missed them due to meetings. I had stated to them however that calling me during the day wasn't best. I didn't receive any 'cancellation letter'. I received a text today saying the policy had been revoked and that's when I got in touch asap.

Yeah, I'm not really feeling the best about this tomorrow to tell you the truth. I'm probably going to get slated for this but, taking the 'most realistic' worst case scenario... Is this a criminal offense, which would prevent employment? Only reason I ask is a full legal background check will be done when I go for interviews in January. What are the legal implications here?

Henry Ford III

Did you ever get a pol. doc. or even temp. confirmation of cover OP?

oscartrump

Henry Ford III wrote: »

Did you ever get a pol. doc. or even temp. confirmation of cover OP?

Yes, I have full initial documentation that I had taken insurance out along with the proposal forms (which I never sent off) and I think even a receipt for €50 of initial deposit. It has 7-day extend cover, which basically means we're giving you 7 days to send this or we're canceling. This is all in small print however...

Could there be something for me here?

corktina

did they return your deposit?

Henry Ford III

oscartrump wrote: »

Yes, I have full initial documentation that I had taken insurance out along with the proposal forms (which I never sent off) and I think even a receipt for €50 of initial deposit. It has 7-day extend cover, which basically means we're giving you 7 days to send this or we're canceling. This is all in small print however...

Could there be something for me here?

I think it might be a positive ok. It shows you made a genuine attempt to obtain cover at least.

If it goes to court a decent solr could use it as a mitigating factor.

It doesn't take away the fact that you were driving uninsured though.

OldmanMondeo

Trying hard to think how to put this without sounding like I am on a high horse.

You probably will get done by the gardai from driving with no insurance and speeding. Probably looking at 6 points, if your lucky. The local weekly rag has court updates and the courts take a dim view of people driving without insurance.

Filling out forms is not an excuse, I took my insurance out online and filled everything out there, before the internet forms where posted back ASAP, as insurance companies let you know policy will be cancelled if forms not filled out correctly and returned.

Consider yourself lucky that the Gardai did stop you at a checkpoint and found you didn't have insurance there and not at the scene of an accident...

Anan1

oscartrump wrote: »

They called twice and I missed them due to meetings. I had stated to them however that calling me during the day wasn't best. I didn't receive any 'cancellation letter'. I received a text today saying the policy had been revoked and that's when I got in touch asap.

Hang on, if you only got the text today then weren't you still covered at the time of the offence?

MugMugs

Anan1 wrote: »

oscartrump wrote: »

They called twice and I missed them due to meetings. I had stated to them however that calling me during the day wasn't best. I didn't receive any 'cancellation letter'. I received a text today saying the policy had been revoked and that's when I got in touch asap.

Hang on, if you only got the text today then weren't you still covered at the time of the offence?

no

Documents are pretty clear.

oscartrump

Anan1 wrote: »

Hang on, if you only got the text today then weren't you still covered at the time of the offence?

Good point. I only got the text today, but when I rang they told me that in their small print, it says you only have 7 days to send them back until you're uninsured.

What really scares me are the legal implications here. and if this sort of information is a criminal conviction. and if this can be found in a background check by an employer?

CiniO

OP if I were you I would be grateful that checkpoint was only what happened to you.
You could have crashed and caused some very expensive damage to someone property or health for which you would have to pay off from your own pocket if you were uninsured.

oscartrump

CiniO wrote: »

OP if I were you I would be grateful that checkpoint was only what happened to you.
You could have crashed and caused some very expensive damage to someone property or health for which you would have to pay off from your own pocket if you were uninsured.

We've already covered this thanks. I understand the situation and the implications of driving uninsured. I've explained above, cheers.

But I'd like to know about legal implications here. Especially in regards to future professional employment.

MugMugs

oscartrump wrote: »

Good point. I only got the text today, but when I rang they told me that in their small print, it says you only have 7 days to send them back until you're uninsured.

What really scares me are the legal implications here. and if this sort of information is a criminal conviction. and if this can be found in a background check by an employer?

Hi OP. If I sound smart, Please don't take it that way.

You have no chance pinning this back to the Insurer. The documents issued are VERY clear in relation to the returning of a prop. Furthermore, they have attempted to avoid the cancellation twice with phone calls. There wasn't much more they could do.

In relation to check on your background. From memory there have to be Bye Laws in place to allow this kind of check. ie: Airport worker requires clearance before being allowed Airside etc....

I don't think any willy nilly corporation can request it.... (I may be wrong)

The best course of action for you is what you just said

Go to the station and speak to Garda. Explain your situation. Appeal to their sense of compassion. Tell them you've not had any issues previous (assuming you haven't) and tell them that the scare of this has pretty much drilled it into you so that it will never happen again.

All you can do is hope they see you right. If not then it's up to the courts to decide your faith.

Eric Cartman

not suggesting the op say this, but lets say they were posted back on day 1 and got lost in the post and the OP only got the text today , obviously ignoring the 2 calls wasnt helpful but aside from that seems mad that the OP wasnt notified on day 5-6 by post

MugMugs

Eric Cartman wrote: »

not suggesting the op say this, but lets say they were posted back on day 1 and got lost in the post and the OP only got the text today , obviously ignoring the 2 calls wasnt helpful but aside from that seems mad that the OP wasnt notified on day 5-6 by post

Onus to ensure inception is completed is firmly on the Insured.

Eric Cartman

also OP did you get insurance the next day etc... this would certainly help validate your story

oscartrump

Eric Cartman wrote: »

not suggesting the op say this, but lets say they were posted back on day 1 and got lost in the post and the OP only got the text today , obviously ignoring the 2 calls wasnt helpful but aside from that seems mad that the OP wasnt notified on day 5-6 by post

New insurance was purchased the day I received that text. Brand new policy. I received nothing else by post but did ignore 2 phone calls. I'm hoping I can use my initial policy documents and new policy documents as leverage to show it wasn't intentional.

Eric Cartman

oscartrump wrote: »

New insurance was purchased the day I received that text. Brand new policy. I received nothing else by post but did ignore 2 phone calls. I'm hoping I can use my initial policy documents and new policy documents as leverage to show it wasn't intentional.

id say it puts you in a better position anyway, your most likely going to need evidence of that text, the old and new policy documents , and the information on the missed calls, bring all this to the garda station with you to show them and try talk to the guard

failing that, bring it all to court, explain the situation and given the text + new policy etc... and if you havent been in trouble before for this you might have some leniency shown

yllw.ldbttr

This type of offence (if convicted) DOES show up in the background checks that we run on our potential hires...
They have to give us permission to check it, but any candidate refusing that permission is usually not considered for the job.


Depends on what firm your potential employer uses for their background checks.

oscartrump

oscartrump wrote: »

Yeah, I'm not really feeling the best about this tomorrow to tell you the truth. I'm probably going to get slated for this but, taking the 'most realistic' worst case scenario... Is this a criminal offense, which would prevent employment? Only reason I ask is a full legal background check will be done when I go for interviews in January. What are the legal implications here?

Day in court and a ban me thinks for driving without insurance. Your story about forgetting to send off the docs doesn't hold water imo as you then mention you got two missed calls off them, what did you think they were ringing you about?

I doubt you'll have your day in court by January so that mightn't be an issue then, worst case you'll be off the road for a while.

If your story as told here is bullsh1t I wouldn't stick to it.

Driving without insurance is one of the only offences treated consistently by the book by the judicial system in this country, I reckon employment checks are the least of your worries if you need a car.

Fishtits

I'm not one to condone this behavior, I can only say that I've been exceptionally busy since September and the forms just slipped my mind. My fault.

Doesn't wash. Being busy is not a defence. The local beak has seen it all before.

You were driving uninsured. You were also speeding.

The speeding thing can be handled but driving uninsured is a big issue, if you escape a ban you can consider yourself lucky.

Gophur

OP, I think you are in deeper trouble than you realise.

Get a solicitor to represent you and see what happens. The Gardai have seen and heard all the excuses before, your story is nothing new. Simple facts are you only got insurance cover after you were pulled by the Gardai. Who knows how long you would have driven until you rectified the situation, otherwise?