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No insurance

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  • 16-10-2020 4:36am
    #1
    Registered Users Posts: 19


    I'm going to give back story to this. I lived in Scotland and purchased a vehicle off someone who worked with me. They agreed to insure me on the vehicle as a named driver and I trusted them. I'm 20 years old with a full license and paid them over 1000 pounds. The plan was that I was going back to Scotland and I was going to insure the vehicle in my own name. So basically last week I got stopped at a checkpoint and I was asked to provide proof of insurance and the so called friend has ignored me so I presume it isn't insured. I wouldn't of used the vehicle if I had known it wasn't insured. I haven't received a summons yet but I'd like someone to give me advice on what to do.


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Comments

  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Get a solicitor.

    If you were giving over money I would have wanted to see the insurance policy been taken out but even then they could just cancel it afterwards.


    Have you proof of payment sent and any messages to the story?
    Either way you will be done for driving without.


  • Registered Users Posts: 19 GhostRanger


    Get a solicitor.

    If you were giving over money I would have wanted to see the insurance policy been taken out but even then they could just cancel it afterwards.


    Have you proof of payment sent and any messages to the story?
    Either way you will be done for driving without.
    Yes I have proof of payment and there's whatsapp messages about the insurance


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Yes I have proof of payment and there's whatsapp messages about the insurance

    Save them all, hope the judge will go easy on you.
    Insurance will be extremely difficult to obtain after this.


  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    I'm going to give back story to this. I lived in Scotland and purchased a vehicle off someone who worked with me. They agreed to insure me on the vehicle as a named driver and I trusted them. I'm 20 years old with a full license and paid them over 1000 pounds. The plan was that I was going back to Scotland and I was going to insure the vehicle in my own name. So basically last week I got stopped at a checkpoint and I was asked to provide proof of insurance and the so called friend has ignored me so I presume it isn't insured. I wouldn't of used the vehicle if I had known it wasn't insured. I haven't received a summons yet but I'd like someone to give me advice on what to do.

    How could they insure you as a second named driver after they sold the vehicle? Who was the first named driver?


  • Registered Users Posts: 10,015 ✭✭✭✭Caranica


    You have to have an insurable interest in something to take out a policy. Once the car is sold, the original owner no longer has that so couldn't have retained a policy or added you as a named driver to it?


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  • Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    As already advised you should get immediate legal advice. Will leave open for general discussion subject to forum rules


  • Registered Users Posts: 19 GhostRanger


    Caranica wrote: »
    You have to have an insurable interest in something to take out a policy. Once the car is sold, the original owner no longer has that so couldn't have retained a policy or added you as a named driver to it?

    I have the transfer document the vehicle still isn't in my name


  • Registered Users Posts: 2,941 ✭✭✭Eggs For Dinner


    I have the transfer document the vehicle still isn't in my name

    You wont be able to rely on the fact that you still have documents in the seller's name, while wanting to use evidence that you have paid money to him


  • Registered Users Posts: 81,221 ✭✭✭✭Atlantic Dawn
    M


    Is the vehicle on Irish plates?

    Have you a full licence?

    Had you ever been insured before?

    Did you have to submit your licence details to your friend to confirm insurance, if not did that not seem odd?

    Did the car have a valid insurance disc on it, if so who's name is the insurance in, any chance the policy is open drive?


  • Registered Users Posts: 19 GhostRanger


    Is the vehicle on Irish plates?

    Have you a full licence?

    Had you ever been insured before?

    Did you have to submit your licence details to your friend to confirm insurance, if not did that not seem odd?

    Did the car have a valid insurance disc on it, if so who's name is the insurance in, any chance the policy is open drive?

    Yes I have a full license and I've never had an insurance policy in my own name but I'm a named driver on my parents car. He had my license details and the vehicle is on Uk plates as I was planning on moving back to Scotland. The policy was supposedly in the friends name and he told me the insurance company it was under. I'll try to ring the insurance company in the morning but I doubt it's insured as he is ignoring me


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  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Yes I have a full license and I've never had an insurance policy in my own name but I'm a named driver on my parents car. He had my license details and the vehicle is on Uk plates as I was planning on moving back to Scotland. The policy was supposedly in the friends name and he told me the insurance company it was under. I'll try to ring the insurance company in the morning but I doubt it's insured as he is ignoring me

    If he sold you the vehicle, his insurable interest in the vehicle would have disappeared. It's a cock and bull story from start to finish.


  • Registered Users Posts: 19 GhostRanger


    If he sold you the vehicle, his insurable interest in the vehicle would have disappeared. It's a cock and bull story from start to finish.
    It's no different to getting your parent to take out a policy and listing you as a named driver . The vehicle isn't registered to me. I've obviously been very naive to trust someone with my future like this. I'm obviously going to get a summons for this and I was asking for advice


  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    It's no different to getting your parent to take out a policy and listing you as a named driver . The vehicle isn't registered to me. I've obviously been very naive to trust someone with my future like this. I'm obviously going to get a summons for this and I was asking for advice

    Getting a parent to take you on as a named driver on your vehicle is a fraud on the insurance company and when the insurance company discovered they are within their rights to repudiate the policy and refuse to pay out. What you are now saying is that you didn't buy the vehicle at all, you entered into a fraudulent conspiracy with the registered owner. That's of course if any of this drivel is true.


  • Registered Users Posts: 19 GhostRanger


    Getting a parent to take you on as a named driver on your vehicle is a fraud on the insurance company and when the insurance company discovered they are within their rights to repudiate the policy and refuse to pay out. What you are now saying is that you didn't buy the vehicle at all, you entered into a fraudulent conspiracy with the registered owner. That's of course if any of this drivel is true.
    What reason would I have to make up any of this? I'm registered on boards since 2017 and I usually just read threads. I paid for the vehicle but never transferred it into my own name and also paid him every month for Insurance. I'm asking for advice on what to do when I get the summons and if you don't want to give advice don't bother posting.

    Mod
    GhostRanger - easy there pls


  • Registered Users Posts: 2,941 ✭✭✭Eggs For Dinner


    You paid him every month for insurance!! How long has this being going on??


  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    What reason would I have to make up any of this? I'm registered on boards since 2017 and I usually just read threads. I paid for the vehicle but never transferred it into my own name and also paid him every month for Insurance. I'm asking for advice on what to do when I get the summons and if you don't want to give advice don't bother posting.

    Mod
    GhostRanger - easy there pls. CH has been posting constructively here for some time

    I don't know why you are making it up, you should know yourself. If you can find yourself to reading only since 2017 you should be aware that under the charter in this forum legal advice is not allowed. If you are caught driving a vehicle that is not your own, there is a potential defence available. But since I can't give legal advice and since you are so rude I am not going to bother telling you anything about it.


  • Registered Users Posts: 19 GhostRanger


    You paid him every month for insurance!! How long has this being going on??

    Since August


  • Registered Users Posts: 19 GhostRanger


    I don't know why you are making it up, you should know yourself. If you can find yourself to reading only since 2017 you should be aware that under the charter in this forum legal advice is not allowed. If you are caught driving a vehicle that is not your own, there is a potential defence available. But since I can't give legal advice and since you are so rude I am not going to bother telling you anything about it.
    I'm not being rude you're implying that I'm making all this up which I'd have no reason waste my time


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Did you get policy, documents or email with details, how much have you given this person.


  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    I'm not being rude you're implying that I'm making all this up which I'd have no reason waste my time

    Your story has more holes than a sieve. You got a transfer document but then you later say that there was an arrangement that you will be a named driver. These two things are inconsistent. If you are to be named driver you could not have taken a transfer of ownership. If a transfer of ownership was to occur the original party would have no insurable interest.

    You then paid money every month for insurance even though you had a transfer of ownership form and apparently given your comment that it hadn't yet been put in your name you had applied to have this done. Why did you keep paying money for insurance in those circumstances?


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  • Banned (with Prison Access) Posts: 146 ✭✭salamiii


    the courts will only want to know you have insurance it looks like you did not


  • Registered Users Posts: 213 ✭✭sham58107


    You were not insured, get proper legal advice, you may find it hard to get insurance in future with conviction .


  • Registered Users Posts: 7,882 ✭✭✭frozenfrozen


    Even if you could prove you thought you had an agreement with your friend, you'd only be proving you were fronting


  • Registered Users Posts: 4,219 ✭✭✭tipptom


    I don't know why you are making it up, you should know yourself. If you can find yourself to reading only since 2017 you should be aware that under the charter in this forum legal advice is not allowed. If you are caught driving a vehicle that is not your own, there is a potential defence available. But since I can't give legal advice and since you are so rude I am not going to bother telling you anything about it.

    You accuse him of being a liar and YOU say HE is been rude.
    You then get all antsy when he politely tells you not to bother posting if you don't believe him and then go on as if your some indispensable guru threatening to not bother telling him anything which is pathetic as if you are the only one that can help him.

    He was perfectly right to tell you to jog when you were the one that was rude but you still just cant help still sticking you nose in
    Fed up with keyboard bullies on here who wouldn't dare say that to your face
    Have a word with yourself.


  • Registered Users Posts: 624 ✭✭✭zoe 3619


    Your story has more holes than a sieve. You got a transfer document but then you later say that there was an arrangement that you will be a named driver. These two things are inconsistent. If you are to be named driver you could not have taken a transfer of ownership. If a transfer of ownership was to occur the original party would have no insurable interest.

    You then paid money every month for insurance even though you had a transfer of ownership form and apparently given your comment that it hadn't yet been put in your name you had applied to have this done. Why did you keep paying money for insurance in those circumstances?

    I think Ghostranger has the signed ( but not posted tax book) meaning that the car is legally his anytime he wants to stick it in an envelope,but until then technically belongs to the previous owner who could of course insure him as a named driver.
    They would of course have to take out a policy on the car in order to do that and seems doubtful they'd have bothered if the car's in another country and they have no chance of driving it.
    Could easily have said they would and taken monthly cash though.


  • Closed Accounts Posts: 2,738 ✭✭✭Heres Johnny


    The story, whether true or not I don't care, only explains the reason you didn't have insurance but it won't excuse it. You had an obligation to make sure you had insurance before driving, that's what the judge will have to go on.


  • Registered Users Posts: 7,882 ✭✭✭frozenfrozen


    zoe 3619 wrote: »
    I think Ghostranger has the signed ( but not posted tax book) meaning that the car is legally his anytime he wants to stick it in an envelope,but until then technically belongs to the previous owner who could of course insure him as a named driver.
    They would of course have to take out a policy on the car in order to do that and seems doubtful they'd have bothered if the car's in another country and they have no chance of driving it.
    Could easily have said they would and taken monthly cash though.

    you technically own the car as soon as you pay for it.

    the v5 is only where they sent MOT reminders and speed fines. Says on the front in big writing it's not proof of ownership


  • Registered Users Posts: 19 GhostRanger


    zoe 3619 wrote: »
    I think Ghostranger has the signed ( but not posted tax book) meaning that the car is legally his anytime he wants to stick it in an envelope,but until then technically belongs to the previous owner who could of course insure him as a named driver.
    They would of course have to take out a policy on the car in order to do that and seems doubtful they'd have bothered if the car's in another country and they have no chance of driving it.
    Could easily have said they would and taken monthly cash though.
    I haven't signed anything I just have the transfer of ownership document


  • Registered Users Posts: 7,882 ✭✭✭frozenfrozen


    get proper legal advice, you were driving without insurance and you were attempting to be driving under a fraudulent insurance policy

    Your solicitor will help you get off as lightly as possible. Nobody on the internet can help you


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  • Registered Users Posts: 81,221 ✭✭✭✭Atlantic Dawn
    M


    You could have problems with VRT too.


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