Uninsured driver

Adrian2468

I was a uninsured driver in a crash totally the other drivers fault ( I know I should not have been on the road) but can I still claim?

John_Rambo

Car crash thread.

Losty Dublin

Adrian2468 wrote: »

I was a uninsured driver in a crash totally the other drivers fault ( I know I should not have been on the road) but can I still claim?

Claim what? Your stupidity? :rolleyes:

The best piece of advice that you can get is to speak to a solicitor who is familiar with insurance. Claims aren't always a case of who we think was in the wrong so this could end up coming back to bite you real bad.

JillyQ

Mods Op has another thread open in the motors form

Whosthis

JillyQ wrote: »

Mods Op has another thread open in the motors form

Wah!!!!!!!

John_Rambo

JillyQ wrote: »

Mods Op has another thread open in the motors form

Ah come on! At least let him tell us what happened.

Adrian.... The floor is yours.... popcorn please

worded

I've a no claims bonus of 7 years yet I had to pay an extra 200 euros to get insured this year because of lots of claims from other people last year.

So you are uninsured and want to claim off someone who was insured even though you shouldn't have been on the road in the first place?

Neck like a jockeys

CiniO

worded wrote: »

I've a no claims bonus of 7 years yet I had to pay an extra 200 euros to get insured this year because of lots of claims from other people last year.

So you are uninsured and want to claim off someone who was insured even though you shouldn't have been on the road in the first place?

Neck like a jockeys

Well, I don't think there's anything stopping a person who suffered a loss in traffic accident to claim from insurer of driver who caused the accident.
Fact that this person (who suffered a loss) was uninsured should be quite irrelevant here.
You can not say that someone "shouldn't be on the road in the first place". Everyone is allowed on the road. There obviously are additional requirements for fulfil when you are driving on public road (like having insurance) and if you don't obey those requirements, you should be prosecuted for it.
But that can't really affect person's rights to claim from driver who caused the accident and is at fault.

Boskowski

One might argue that your being on the road when you shouldn't have caused the accident in the first place.

Like as in even if the other person did something stupid it wouldn't have caused an accident if you hadn't been there. And since you actually shouldn't have been there it's your fault by default.

Does that sound crazy? Maybe, but there's some sense to it surely.

foggy_lad

OP was your vehicle seized by the Gardai? Did they attend at the scene? did you report the accident to your local Gardai as soon as practical after the event? because there can be no complaint without such a report and you will be asked to produce documents to show you are suitably qualified to drive and also that you were insured to drive the vehicle at the time of the collision.

You can of course claim for any injuries but be prepared to be charged with having no insurance and facing a large fine and lengthy ban and maybe even some jail time.

Oyva bigwan

CiniO wrote: »

Well, I don't think there's anything stopping a person who suffered a loss in traffic accident to claim from insurer of driver who caused the accident.
Fact that this person (who suffered a loss) was uninsured should be quite irrelevant here.
You can not say that someone "shouldn't be on the road in the first place". Everyone is allowed on the road. There obviously are additional requirements for fulfil when you are driving on public road (like having insurance) and if you don't obey those requirements, you should be prosecuted for it.
But that can't really affect person's rights to claim from driver who caused the accident and is at fault.

Wind it on in

ProudDUB

CiniO wrote: »

Well, I don't think there's anything stopping a person who suffered a loss in traffic accident to claim from insurer of driver who caused the accident.
Fact that this person (who suffered a loss) was uninsured should be quite irrelevant here.
You can not say that someone "shouldn't be on the road in the first place". Everyone is allowed on the road. There obviously are additional requirements for fulfil when you are driving on public road (like having insurance) and if you don't obey those requirements, you should be prosecuted for it.
But that can't really affect person's rights to claim from driver who caused the accident and is at fault.

It should though. There should be consequences for driving without out insurance. People driving without insurance result in the rest of us having to cough up additional money in our premiums. There should be consequences for that too. If one of those consequences is that insurance companies refuse to pay out to anyone, if they are not on the road legally, then so be it.

L1011

Ridiculously, you can for injuries. Probably not for vehicle damage but as the Guards should be getting that turned in to a cube it's not really required.

If it's a minor incident any attempt to claim will only shine light on your illegality

corktina

of course you can claim .If someone has involved you in an accident that wasn't your fault, you are absolutely entitled to redress from them.

Of course you run the risk that someone will take notice and prosecute you for driving without insurance and hopefully they will.

twowheelsonly

CiniO wrote: »

Well, I don't think there's anything stopping a person who suffered a loss in traffic accident to claim from insurer of driver who caused the accident.
Fact that this person (who suffered a loss) was uninsured should be quite irrelevant here. No, it shouldn't.
You can not say that someone "shouldn't be on the road in the first place". Everyone is allowed on the road. No, they're not actually... There obviously are additional requirements for fulfil when you are driving on public road (like having insurance) and if you don't obey those requirements, you should be prosecuted for it.
But that can't really affect person's rights to claim from driver who caused the accident and is at fault.

Yes, most likely he can claim successfully (unfortunately) but the fact that he has declared the other driver guilty doesn't mean that the court will.
There also has to be a certain amount of personal responsibility on himself.

If I run across the Curragh racecourse during a race and get knocked down by a horse then IMO, it's my own fault. Why??? Because I shouldn't have been there.
If I walk across a runway and get hit by a plane then IMO it's also my own fault. Why?? Because I shouldn't have been there.
You can make up a thousand similar scenarios along the same lines and it's not a great stretch to liken this scenario to any of them.

OP -
Do you have a driving licence?
Was the car taxed?
Who owns the car you were driving?
Were there independent witnesses?
Were the Gardaí involved?
How bad were your injuries? Hospital?
How was it the other drivers fault in your opinion? (i.e. What happened??)

Victor

twowheelsonly wrote: »

CiniO wrote: »

Well, I don't think there's anything stopping a person who suffered a loss in traffic accident to claim from insurer of driver who caused the accident.
Fact that this person (who suffered a loss) was uninsured should be quite irrelevant here. No, it shouldn't.
You can not say that someone "shouldn't be on the road in the first place". Everyone is allowed on the road. No, they're not actually... There obviously are additional requirements for fulfil when you are driving on public road (like having insurance) and if you don't obey those requirements, you should be prosecuted for it.
But that can't really affect person's rights to claim from driver who caused the accident and is at fault.

Yes, most likely he can claim successfully (unfortunately) but the fact that he has declared the other driver guilty doesn't mean that the court will.
There also has to be a certain amount of personal responsibility on himself.

If I run across the Curragh racecourse during a race and get knocked down by a horse then IMO, it's my own fault. Why??? Because I shouldn't have been there.
If I walk across a runway and get hit by a plane then IMO it's also my own fault. Why?? Because I shouldn't have been there.
You can make up a thousand similar scenarios along the same lines and it's not a great stretch to liken this scenario to any of them.

OP -
Do you have a driving licence?
Was the car taxed?
Who owns the car you were driving?
Were there independent witnesses?
Were the Gardaí involved?
How bad were your injuries? Hospital?
How was it the other drivers fault in your opinion? (i.e. What happened??)

Please don't insert text into quotes from other people.

Moderator

Victor

Adrian2468 wrote: »

I was a uninsured driver in a crash totally the other drivers fault ( I know I should not have been on the road) but can I still claim?

You need to speak to a solicitor.

Moderator