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Car reversed back

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  • 16-06-2018 2:13pm
    #1
    sergiot
    Registered Users Posts: 42 ✭


    Hello, this happened to one of my buddies,
    he took the car to go shop, Learner permit, no insurance, no displayed L plates, he reversed back and hit a car, the door had a dent,
    gardai was called and gardai said court or something later,


    the car was insured to his dads name, all valid
    others guy car had no tax. expired.


    what could happen to him? no licence and fine? anyone knows what could be fine and so on?
    :confused::confused:please remove this to correct section if not correct here.
    Tagged:


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    #2
    beechwood55
    Registered Users Posts: 532 ✭✭✭beechwood55


    His dad's insurance will take a hit. Was he a named driver on his fathers policy even?
    His father may also end up in trouble legally if he allowed your friend to take the car.
    Have a google at 'Clancy's Law'.

    The garda may decide to prosecute your friend for driving with no insurance and no l-plates. That may end up with a fine and penalty points. When he does try to get insurance it will be expensive.


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    #3
    TomOnBoard
    Registered Users Posts: 5,109 ✭✭✭TomOnBoard


    beechwood55 wrote: »
    His dad's insurance will take a hit. Was he a named driver on his fathers policy even?
    His father may also end up in trouble legally if he allowed your friend to take the car.
    Have a google at 'Clancy's Law'.

    The garda may decide to prosecute your friend for driving with no insurance and no l-plates. That may end up with a fine and penalty points. When he does try to get insurance it will be expensive.

    Why would his fathers insurance take a hit? OP says the driver has no insurance.


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    #4
    jacksie66
    Closed Accounts Posts: 2,988 ✭✭✭jacksie66


    This post has been deleted.


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    #5
    beechwood55
    Registered Users Posts: 532 ✭✭✭beechwood55


    TomOnBoard wrote: »
    Why would his fathers insurance take a hit? OP says the driver has no insurance.

    He was in his dad's car. Which the OP states was insured. So the other car owner may well claim from the dad's insurance.

    So now there is a dilemma.
    If his father knowingly allowed him to take the car, then the father may be prosecuted.
    If he took the car without his father's permission then the garda may decide to charge him with car theft.


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    #6
    TomOnBoard
    Registered Users Posts: 5,109 ✭✭✭TomOnBoard


    beechwood55 wrote: »
    He was in his dad's car. Which the OP states was insured. So the other car owner may well claim from the dad's insurance.

    So now there is a dilemma.
    If his father knowingly allowed him to take the car, then the father may be prosecuted.
    If he took the car without his father's permission then the garda may decide to charge him with car theft.

    Dads car was insured for Dad (and any other named driver) to drive. Junior was not insured on it. Therefore, there is absolutely no way Dad's insurance will entertain any claim.

    However, the dilemma you describe is very valid.

    If I were Dad, I'd be arranging to pay for the damage (soooo lucky no person was involved) and discuss with Guards to avoid further action.


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    #7
    Eggs For Dinner
    Registered Users Posts: 2,941 ✭✭✭Eggs For Dinner


    TomOnBoard wrote:
    Dads car was insured for Dad (and any other named driver) to drive. Junior was not insured on it. Therefore, there is absolutely no way Dad's insurance will entertain any claim.

    Dad's insurers will be obliged to pay the 3rd party as Insurer Concerned


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    #8
    _Brian
    Registered Users Posts: 18,484 ✭✭✭✭_Brian


    They should be scrambling to see if they can pay for the damage ASAP and keep it away from insurance.

    I think it’s likely court appearance will result in points and a fine, possibly a ban but unlikely.

    “Friend” is very lucky he didn’t reverse back and knock down a pedestrian - they’re smaller and easier to miss than whole big cars !!


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    #9
    Max Prophet
    Closed Accounts Posts: 280 ✭✭Max Prophet


    sergiot wrote: »
    Hello, this happened to one of my buddies,
    he took the car to go shop, Learner permit, no insurance, no displayed L plates, he reversed back and hit a car, the door had a dent,
    gardai was called and gardai said court or something later,


    the car was insured to his dads name, all valid
    others guy car had no tax. expired.


    what could happen to him? no licence and fine? anyone knows what could be fine and so on?
    :confused::confused:please remove this to correct section if not correct here.

    Ask for a family cell in the joy for your “friend” and “his” dad.


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    #10
    beechwood55
    Registered Users Posts: 532 ✭✭✭beechwood55


    Eggs For Dinner wrote: »
    Dad's insurers will be obliged to pay the 3rd party as Insurer Concerned

    This.
    But they will not pay for any damage to Dad's car.

    I think your friend is in quite a bit of bother. With his dad, the insurance company and the Gardai.


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    #11
    TomOnBoard
    Registered Users Posts: 5,109 ✭✭✭TomOnBoard


    Eggs For Dinner wrote: »
    Dad's insurers will be obliged to pay the 3rd party as Insurer Concerned

    I don't understand why this is the case. Dads insurance company insures him in the vehicle, not the vehicle itself. Basically, Junior was driving without insurance.

    But hey, it won't be my first time to be wrong...


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    #12
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,632 Mod ✭✭✭✭Henry Ford III


    Idiotic thing to do. Driver will get penalty points and will find it impossible/prohibitively expensive to get insured.

    Damages will have to be paid to the 3rd party also.


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    #13
    thebiglad
    Registered Users Posts: 1,566 ✭✭✭thebiglad


    TomOnBoard wrote: »
    I don't understand why this is the case. Dads insurance company insures him in the vehicle, not the vehicle itself. Basically, Junior was driving without insurance.

    But hey, it won't be my first time to be wrong...

    The Road Traffic Act obliges the insurer of the vehicle (regardless of who was driving) to deal with any third party claims.

    The insurer is not however acting in accordance with the issued Insurance Policy and has the full right to seek recovery of the claim costs in full from either its policyholder (if they allowed OPs friend to drive) or from OPs friend directly.

    If OPs friend was allowed to drive the car they are also entitled to cancel the policy.

    Expect a visit from a Claims Investigator appointed by the insurer.

    Best option if can afford it is to contact other vehicle owner and try to settle the damage directly.


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    #14
    TheChizler
    Registered Users Posts: 9,421 ✭✭✭TheChizler


    thebiglad wrote: »
    The Road Traffic Act obliges the insurer of the vehicle (regardless of who was driving) to deal with any third party claims.

    The insurer is not however acting in accordance with the issued Insurance Policy and has the full right to seek recovery of the claim costs in full from either its policyholder (if they allowed OPs friend to drive) or from OPs friend directly.
    Would that also be the case if the car was taken without permission/stolen? What if two insurance policies covered the car?


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    #15
    RGS
    Registered Users Posts: 787 ✭✭✭RGS


    TomOnBoard wrote: »
    I don't understand why this is the case. Dads insurance company insures him in the vehicle, not the vehicle itself. Basically, Junior was driving without insurance.

    But hey, it won't be my first time to be wrong...

    The car was insured but the driver was not therefore MIBI rules apply.
    MIBI are insurer of last resort and if an insurer is involved then that insurer will be obliged to handle the claim as the driver was identified.

    Same applies to a car damaged by an uninsured driver. The comp policy will look after the own damage claim without affecting any NCD.


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    #16
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,632 Mod ✭✭✭✭Henry Ford III


    RGS wrote: »
    ...Same applies to a car damaged by an uninsured driver. The comp policy will look after the own damage claim without affecting any NCD.

    Only if they can recover from MIBI. It'd want to be settled fast too or it'd be it'll show as an open claim at renewal.


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    #17
    emeldc
    Registered Users Posts: 2,593 ✭✭✭emeldc


    thebiglad wrote: »
    The Road Traffic Act obliges the insurer of the vehicle (regardless of who was driving) to deal with any third party claims.

    The insurer is not however acting in accordance with the issued Insurance Policy and has the full right to seek recovery of the claim costs in full from either its policyholder (if they allowed OPs friend to drive) or from OPs friend directly.

    If OPs friend was allowed to drive the car they are also entitled to cancel the policy.

    Expect a visit from a Claims Investigator appointed by the insurer.

    Best option if can afford it is to contact other vehicle owner and try to settle the damage directly.

    You sound like you know what you're talking about but that can't be right.
    I know of a young lad (15) around here, who took his mothers new car without her permission and wrote it off. Insurance said they would pay only if the lad was charged with theft. Needless to say they took the hit rather than have the young lad with a conviction.


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    #18
    RGS
    Registered Users Posts: 787 ✭✭✭RGS


    Henry Ford III wrote: »
    Only if they can recover from MIBI. QUOTE]

    MIBI do not refund insurers for paying out on comp policies claims. The MIBI is insurer of last resort and wont pay out if there is a policy of insurance in force to cover the vehicles.

    From the MIBI website
    Where the damaged vehicle is comprehensively insured, the MIBI Agreement stipulates that the claim must be dealt with by the insurer of the vehicle. The settlement of such claims is governed by the MIBI No Claims Discount Protocol. This Protocol, agreed by MIBI and its Members, guarantees protection of the claimant's No Claims Bonus.


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    #19
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,632 Mod ✭✭✭✭Henry Ford III


    Bit of a red herring. If there's an open claim at renewal it's the base premium that gets increased. The NCB may not be affected, but the cost still goes up.


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    #20
    thebiglad
    Registered Users Posts: 1,566 ✭✭✭thebiglad


    emeldc wrote: »
    You sound like you know what you're talking about but that can't be right.
    I know of a young lad (15) around here, who took his mothers new car without her permission and wrote it off. Insurance said they would pay only if the lad was charged with theft. Needless to say they took the hit rather than have the young lad with a conviction.

    It can be a catch 22 - report the lad for theft and prove therefore that you were unfortunate and not in any way advocated the theft. Do not report the lad for the theft and you are effectively saying it was not stolen and therefore moral hazard so I would refer the policy to the underwriter to be ceased.

    Whether they cancel or not will vary by company but they would be entitled to do so - this time it was small bump but he could as easily killed someone leading to a much more costly claim.


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    #21
    FishOnABike
    Registered Users Posts: 4,376 ✭✭✭FishOnABike


    thebiglad wrote: »
    It can be a catch 22 - report the lad for theft and prove therefore that you were unfortunate and not in any way advocated the theft. Do not report the lad for the theft and you are effectively saying it was not stolen and therefore moral hazard so I would refer the policy to the underwriter to be ceased.

    Whether they cancel or not will vary by company but they would be entitled to do so - this time it was small bump but he could as easily killed someone leading to a much more costly claim.
    This is further compounded by the car owner also being liable to prosecution for allowing an uninsured driver to drive their car.

    https://touch.boards.ie/thread/2056661677


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