Dealing with uninsured driver

Effects

Had a tip from a neighbours car. Not the first time, but this time it's caused almost €2,000 worth of damage to the body. She is an alcoholic.

I'm fairly confident that she's uninsured and banned from driving. She's constantly driving while drunk, which is how the accident happened.

I called the Gardaí, who spoke to me, and another neighbour who witnessed the accident. The neighbour who was driving was in bed at this stage, so didn't come to the door to speak to them. I believe she'll have to produce documents at the station.

I called in and spoke with her the following day. She admitted liability, and agreed to pay for the damages. Although she wants to pay in instalments over the course of a few months. That doesn't really work for me, but I'm unsure how to get blood from a stone.

Her car has a valid insurance disc, although I'm unsure if the policy is under her name, obtained falsely, or under someone else's name.

She's refused to admit that she shouldn't be driving, and seems to be of the opinion the law doesn't apply to her.

When I told her I can't deal with having to worry about my car outside my house, she just says it won't happen again. But this is the fifth time this has happened, and the second time I have proof it was her.

Is it possible for me to check out her insurance details? If the policy is hers, but she has lied to the insurance company about having a valid licence/driving ban, will the damage to my car still be covered? Will I then end up having to go through the Motor Insurers' Bureau?

Do I need to inform my insurance company, or hers/MIBI within a certain timeframe? Or is the fact I've already reported it to the Gardaí enough?

From the Gardaí side of things. Obviously they can no longer check if she was drunk at the time, but they can prosecute her for driving without insurance, and will they definitely do that? Tax is out of date over a year, so I presume that's another offence? Can she be prosecuted for leaving the scene of an accident? I'm pretty confident she had no intention of calling in to me to explain what had happened.

Atlantic Dawn

Take the insurance details from the disc on the car, call her insurance company, don't deal with her at all.

Effects

And what happens when they realise she's got two driving bans? Will they refuse to pay out on the claim?
I'm stuck having to live beside this woman until she dies. She shows no signs of stopping her drink driving.

frozenfrozen

Effects wrote: »

And what happens when they realise she's got two driving bans? Will they refuse to pay out on the claim?
I'm stuck having to live beside this woman until she dies. She shows no signs of stopping her drink driving.

you'll get the money if the car is insured.

When she dies is irrelevant, but stick up a camera and go through insurance every time she hits your car.


It's then a separate situation to be reporting her to the gardai when you think she is drink driving. I'd ring them every time I saw her driving while drunk but that's just what I'd do.

Atlantic Dawn

Effects wrote: »

And what happens when they realise she's got two driving bans? Will they refuse to pay out on the claim?
I'm stuck having to live beside this woman until she dies. She shows no signs of stopping her drink driving.

If they insured her they will cover you, it's their problem they didn't check she was banned and hers she didn't inform them, 3rd party liability will remain. They can sue her for the claim if they think she deceived them.

Effects

frozenfrozen wrote: »

When she dies is irrelevant, but stick up a camera and go through insurance every time she hits your car.

When she dies is relevant to me when I have to live beside her, and she continues to drink drive!

It's then a separate situation to be reporting her to the gardai when you think she is drink driving. I'd ring them every time I saw her driving while drunk but that's just what I'd do.

Yeah, I'm going to start doing this. But they have limited resources, and have to catch her in the act.
The Gardaí were visiting a different neighbour a few months back, and then this woman was about to leave her house in the car. She ran back inside when she spotted them. They then decided to wait around the corner for her to leave, but she didn't leave and they had to head on to deal with other work.

Atlantic Dawn

It's a bad position for you to be in but trust me allowing her to pay in installments would be a huge regret.

lisabiscuit

She can deffo be done for driving without insurance and tax. Possibly for careless driving and for leaving the scene if she admits this to gardai. Best of luck with it. Must be a torture having to deal with her behavior.

frozenfrozen

Atlantic Dawn wrote: »

It's a bad position for you to be in but trust me allowing her to pay in installments would be a huge regret.

yes if she wants to pay in instalments she can get a loan of the lump sum from elsewhere and repay them over time. But it would be better to go through insurance so they will chase her up if she is banned

tinofapples

Keep your foot down on this, what happens if/when she has a drink and hits a young kid ? Fookin scummy person. Country is far too tolerant of this ****e

Isambard

Atlantic Dawn wrote: »

Take the insurance details from the disc on the car, call her insurance company, don't deal with her at all.

this.

Makes no difference if she's uninsured, you'll get paid so long as you can identify the car that hit yours

seagull

Take down the insurance details on the disk, and give them a call.
Option 1 - it's genuine and valid. Happy days - you get a payout with no issues. The insurance company may in turn refuse to indemnify her and reclaim the payment from her.
Option 2 - they will be able to tell you it's not valid. Then she gets prosecuted for driving without insurance as well as no tax. Worst case is you'll have to go through MIBI to get your damage repaid.

kirving

seagull wrote: »

Worst case is you'll have to go through MIBI to get your damage repaid.

And still preferable to not waiting months for payment to never arrive.

Effects

So she's decided to go via insurance. I'll call them first thing in the morning and get the ball rolling. Thanks for the replies. Stress averted.

tinofapples

Effects wrote: »

So she's decided to go via insurance. I'll call them first thing in the morning and get the ball rolling. Thanks for the replies. Stress averted.

Don't go soft on the b1tch, she has the problem, you shouldn't have one cause of hers.

antodeco

If she's a neighbour, stay civil but firm. Living beside her, you don't want issues further down the line. With a few drinks on her, she may not be the most level headed person and you don't want any additional damage done to you car that you can't prove. Can you get a camera facing your car?

Effects

It's hard to get a camera in the place when the car is parked on the road, as it's down slightly from my property. My neighbours have good CCTV though, which is how I could prove it was her this time.

AUDI20

If the car is not taxed and parked on a public road I would reports it

Effects

It's generally parked off street at their house. But the Gardaí will deal with her about her driving last weekend, which is on CCTV.
If she nominates someone else as driver, then it's still a car being driven without tax. Probably hasn't been taxed since she's owned the car.

seagull

It doesn't matter that it's parked off street unless it's been declared off the road. It still needs to be taxed.

Has this been reported to the gardai? If so, she's in for a fair degree of pain if they decide to prosecute.

Isambard

seagull wrote: »

It doesn't matter that it's parked off street unless it's been declared off the road. It still needs to be taxed.

.

that's not actually true I think. There is no compunction to tax or sord a vehicle not on the road if you don't want to. There might be consequences when you do come to tax it though but these are easily avoided.