Friend made a mistake - court appearance

catsbanter

I have a friend who was driving a normal car and had open driving so can drive anyone else's car.

He drives all over the country working and bought a van and insurance company offered him commercial insurance to transfer over which they said would save him a few quid and he accepted.

Three months laer a guard pulled him over in his brothers car and told him he has two weeks to produce the insurance papers. He rang up his insurance company and said he's not covered to drive other proles cars even though his previous policy had it. Insurance never said it to him when transferring.

Court case now looms. He has six penalty points previously from travelling all over ireland. I guess he's bolloxed but he genuinely didn't know! Any advice would be good!

Stheno

catsbanter wrote: »

I have a friend who was driving a normal car and had open driving so can drive anyone else's car.

He drives all over the country working and bought a van and insurance company offered him commercial insurance to transfer over which they said would save him a few quid and he accepted.

Three months laer a guard pulled him over in his brothers car and told him he has two weeks to produce the insurance papers. He rang up his insurance company and said he's not covered to drive other proles cars even though his previous policy had it. Insurance never said it to him when transferring.

Court case now looms. He has six penalty points previously from travelling all over ireland. I guess he's bolloxed but he genuinely didn't know! Any advice would be good!

All he can do tbh is go to court, explain the above and hope

Has he seen a solicitor?

Two Sheds

Something similar happened to me. The insurance company changed the terms of my insurance without telling me. Luckily I spotted it in time.

Your friend made an honest mistake and no real harm was done. Hopefully he gets a reasonable judge.

He should hire a solicitor in case it goes pear-shaped.

challengemaster

catsbanter wrote: »

Insurance never said it to him when transferring.

But they sent out a new certificate which would have the cover details on it. It really is his own fault for not checking it and assuming. Question is which way the judge sees it.

catsbanter

challengemaster wrote: »

But they sent out a new certificate which would have the cover details on it. It really is his own fault for not checking it and assuming. Question is which way the judge sees it.

Yes it is but sure it's a bit late now. And yes a solicitor meeting next week. TBH he should have of ringing the company or have checked the docs begore driving someone elses car but he assumed he was fine. Thanks for the help so far. Just a horrible situation.

Daaryl

challengemaster wrote: »

But they sent out a new certificate which would have the cover details on it. It really is his own fault for not checking it and assuming. Question is which way the judge sees it.

Well if it was a honest mistake the judge should be fine about it, Really depends on the judges mood on the day, He could leave him off with a fine and no points or he could be a absolute bastard and give him points with a massive fine.

slimjimmc

Daaryl wrote: »

Well if it was a honest mistake the judge should be fine about it, Really depends on the judges mood on the day, He could leave him off with a fine and no points or he could be a absolute bastard and give him points with a massive fine.

Does a judge award points? I thought it's the RSA who assign points on conviction and the only way a judge could avoid you getting points is to not convict?

Liam McPoyle

He could realistically have his licence endorsed or even suspended if the judge decides to make an example of him.

Genuine oversight or not, the fact remaims that he has been driving other peoples cars with no insurance over the last few months.

And OP, open drive does not cover you to drive someone else's vehicle, it covers people to drive your vehicle.

The amount of people that post in here and that do not know the difference between open driving and driving of other cars is actually staggering.

Cee-Jay-Cee

Hopefully he has his original policy to show he had driving of other cars on it, bring it with him and explain that as he was simply transferring he assumed the same conditions applied to the new policy. It was an honest mistake so hopefully the judge will treat it accordingly.

Pro Hoc Vice

Just so people are aware no insurance is a strict liability offence and on conviction carries a mandatory dusquilification from driving, on a first conviction only the judge can only if a special reason is shown decide not to impose the mandatory ban. Such cases are ones where a solicitor is required.

9935452

catsbanter wrote: »

I have a friend who was driving a normal car and had open driving so can drive anyone else's car.

He drives all over the country working and bought a van and insurance company offered him commercial insurance to transfer over which they said would save him a few quid and he accepted.

Three months laer a guard pulled him over in his brothers car and told him he has two weeks to produce the insurance papers. He rang up his insurance company and said he's not covered to drive other proles cars even though his previous policy had it. Insurance never said it to him when transferring.

Court case now looms. He has six penalty points previously from travelling all over ireland. I guess he's bolloxed but he genuinely didn't know! Any advice would be good!

im not saying there is anything suss going on but from reading this , i wonder a few things.
Ive driven other peoples cars through check points before on my insurance and never been asked for insurance cert, so why was he asked to produce , they always assumed that the owner disc covered me.
Did the car have his brothers insurance disc on it or was it insured at all.
Was this the reason the guard asked for insurance papers.

myshirt

Yerman is right there on this being a 'strict liability' offence. Op may not understand the concept however. Op, what this means is that intention, honest mistake, any that, absolutely has zero baring. It is the act itself that is the offence.

In any event, where he is centrally screwed here is when the judge asks did he receive the revised policy documentation. Presumably he did, and at that point should have corrected the position. From what you said, appears 1 million percent his fault.

It could even lead to jail time if it's a case that all these other vehicles he was driving weren't themselves separately insured. People insuring one car and thinking they can drive a range of other cars as some sort of loophole, it will drivethem f#cking banannas to the extent that if they have the precedent in their hand you are going to the slammer.

And my god, wait until you get these mega quotes for future insurance, year after year for a minimum of any 5 years in the next 10 if convicted. These insurance companies are like Nazis on covering their risk, situation is gone very bad for quotes.