I've no insurance - mibi help

Gregor Samsa

troyzer wrote: »

I thought that theoretically you don't need insurance, you just need to be able to prove you can pay for damage?

In Ireland, under the Road Traffic Act, 1961, motorists are required to have 3rd party liability insurance for a mechanically propelled vehicle at a minimum. The same is the case in the rest of the EU.

In the US, some states allow you to post a cash bond to the State cover minimum liability in lieu of insurance. New Hampshire lets you drive uninsured, but you're personally liable for all damages.

kimi

NUTLEY BOY wrote: »

That specific matter really needs to be brought to the attention of your solicitor, and if you are engaging them, counsel.

Generally, in RTA matters, many offences are of the strict liability type.
This means that once the facts are established guilt is presumed to attach.
In that case the accused then has to advance the case to justify acquittal.

In something like this it is safe to assume that a conviction is probable.
The only defence I could see would be to establish reasonable doubt.
This could occur if there was credible confusion about the insurance position. However, much would depend on the exact facts and whether they could sway a District Justice to the view that there was reasonable doubt on the basis of no deliberate intention to drive without insurance or no recklessness about the issue.

There is a clear cut view that no insurance = guilty = and that is final !
Generally, that proposition is correct.
However, it is actually possible to have no insurance and to be acquitted of the charge on the evidence - that requires some exceptional advocacy but it has happened.

That's really helpful. Thank you.

ravima

I thought that theoretically you don't need insurance, you just need to be able to prove you can pay for damage?

Correct. €30M for property damage and UNLIMITED for personal injury.

whomitconcerns

No insurance is no insurance...everyone has an excuse...sorry op. No sympathy for you there.

On the other issue if there is 100%liability on the other person, no insurance won't affect your claim as it's not a contributory factor. But you haven't said what happened in the accident or if this is clearly the case?

studdlymurphy

A friend of mine crashed into tge back of an uninsured driver and had a masdive vlaim put in against him for injury so i woukd say it is possible

whomitconcerns

studdlymurphy wrote: »

A friend of mine crashed into tge back of an uninsured driver and had a masdive vlaim put in against him for injury so i woukd say it is possible

Good point neither you or the other driver have anything to lose as neither were insured, so they might as well argue blame

NUTLEY BOY

ravima wrote: »

I thought that theoretically you don't need insurance, you just need to be able to prove you can pay for damage?

Correct. €30M for property damage and UNLIMITED for personal injury.

The statutory position is set out in PART VI of the RTA 1961.
See sections 56 to 81.
Link http://www.irishstatutebook.ie/eli/1961/act/24/enacted/en/print

mgbgt1978

kimi wrote: »

We moved from another country. Renewal documents sent to old address. We were in the process of bring our car "through" so couldn't get insurance in Ireland. Were Completly at fault.

You moved here recently from another Country ?
Yet you subscribed to Boards 12 years ago !!
...and this is your 1st time posting.....and started a Thread.


Nah, something's Fishy here

kimi

mgbgt1978 wrote: »

You moved here recently from another Country ?
Yet you subscribed to Boards 12 years ago !!
...and this is your 1st time posting.....and started a Thread.


Nah, something's Fishy here

I'm from Ireland, just moved home. Never needed advice in regards to anything like this before hence having never posted. Nothing fishy here. Just wanted some sound advice.

kimi

whomitconcerns wrote: »

No insurance is no insurance...everyone has an excuse...sorry op. No sympathy for you there.

On the other issue if there is 100%liability on the other person, no insurance won't affect your claim as it's not a contributory factor. But you haven't said what happened in the accident or if this is clearly the case?

Oh I understand re no insurance my end. There's no excuse. We were hit head on by a drunk, uninsured driver. My cars as rite off, as is his. Never been in an accident but ambulance service and gardai commented on how they don't know how we all walked away alive.

Ginger83

kimi wrote: »

Oh I understand re no insurance my end. There's no excuse. We were hit head on by a drunk, uninsured driver. My cars as rite off, as is his. Never been in an accident but ambulance service and gardai commented on how they don't know how we all walked away alive.

Can you prove the other driver was drunk?

Can you prove he was at fault?

kimi

Ginger83 wrote: »

Can you prove the other driver was drunk?

Can you prove he was at fault?

Yes there are witnesses that observed his irratic driving just before he collided with me and the breathalyser test taken by the Gardaí have confirmed he was intoxicated.