Garda asking for car insurance in shop

Nita25

Hi. Yesterday we drove our new car to Lidl and while did our weekly grocery shopping a Garda approached us and asked for the car insurance as he didn't see any on the car. It was embarrassing and people were looking at us. He and my boyfriend had a discussion about it, the other Garda came over with his grocery item in hand and joined the conversation.

We weren't allowed to drive the car home (just left it there in the parking lot), which is based on his assumption as he wasn't even sure what's the insurance policy. We had to call the insurance company and with the new information we went to the station. After my boyfriend talking to him I asked if it was normal to interrupting us in our shopping regarding a car issue? He was surprised about my question and said that they saw us driving the car and he can ask for the papers anywhere. I mentioned that he was also shopping and he quickly pointed his finger on his colleague and said "he was, not me."

But I think he is not allowed as it is a privat place and he wasn't catching us in action.

So my question is am I right? And can he prosecute us based on this?

By the way unfortunately the insurance company gave us false information on our policy and that's why we drove the car. Now they say that my boyfriend can't drive it because it is on his name.

Dav010

Even if they didn’t observe you driving, your car is on a public road without the insurance being displayed. I don’t see any reason why they couldn’t ask you in a shop which the public has access to. Your last sentence seems to indicate that your boyfriend wasn’t insured to drive the car, if he drove it to the shop, you may have a much bigger problem than just not displaying your insurance disc.

Clo-Clo

https://www.boards.ie/discussion/2058338924/garda-asking-for-car-insurance-in-shop

You are supposed to clearly show insurance on the car when you are driving

If you bought a new car to replace the old car, you take the insurance disk out of the old car and bring it with you while you wait for the new one, that's what I do anyway

If a brand new car with new insurance they can email the disk to you to print out.

It seems you didn't have insurance to drive the car when the Gardai caught you. Have you anything to back up the insurance company giving you incorrect information?

A supermarket car park is a public place. You also had to drive on the road to get to the car park so not sure what the angle on that is?

"But I think he is not allowed as it is a private place and he wasn't catching us in action."

How do you explain the car got to the shop? 🤔

magicbastarder

a lidl car park would be considered a 'public place' rather than private - you need to have car insurance in a place accessible to the public where cars would routinely be driven, and a supermarket car park is one such place.

you are also legally required to display that an insurance policy exists on the car, and you did not have this in place.

Yeah Right

https://www.boards.ie/discussion/comment/121848639#Comment_121848639

Incorrect.

Try calling the guards if you ever get clamped in a car park and you'll find out quickly enough that it's private property/civil matter.

Smee_Again

https://www.boards.ie/discussion/comment/121848875#Comment_121848875

He is correct.

Under the Road Traffic Acts a it is an offence to drive an uninsured vehicle in a public place and a “public place” is defined as any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge

elperello

https://www.boards.ie/discussion/comment/121848875#Comment_121848875

It's a public place for the purposes of the Road Traffic Act 1994.

https://www.irishstatutebook.ie/eli/1994/act/7/section/49/enacted/en/html#:~:text=%E2%80%9C'public%20place'%20means%E2%80%94,and

Clamping is a civil matter between the motorist and the owner of the property.

Yes they certainly can and they were right to do so whether you like it or not.

Honestly if all they did was refuse to let you drive it til the insurance was sorted you’re lucky. Driving without insurance is a mandatory ban as well as a fairly hefty fine.

JVince

https://www.boards.ie/discussion/comment/121848875#Comment_121848875

Possibly the dumbest post of the year.

so can I crash into your car and walk off saying "its a private matter"?

There is a HUGE difference between private clamping due to a local premises restriction that they have signs up about and illegally driving without insurance in a public place.

SteM

2 weeks ago my wife had parked up at Lidl on the way home from dropping the young lad off. As she was coming out of the shop she saw another car scrape against the side of ours, scraped the rear panel and read side passenger door. At first the other driver insisted she didn't do anything but eventually she admitted it. The other driver didn't have insurance displayed - she said her partner organised everything like that and she didn't want to tell him so she would pay by cash. 3 quotes later, all between €800 and €1200 she wants doesn't want to pay anymore so now we have the hassle of trying to get her insurance details. Luckily, as soon as she left my wife went in to Lidl and spoke to the security guard. He checked and everything is on video, all very clear. Still a pain in the hole to have to go through all of this though.

the day it happened she told my wife that her partner had told her not to drive the car so I have an awful feeling they weren't insured at the time.

Seth Brundle

https://www.boards.ie/discussion/comment/121849008#Comment_121849008

I'd say that you're correct unfortunately - you may need to claim from MIBI...

https://www.mibi.ie/

Not much help to you now but if anyone ever is involved in an incident with someone who doesn't have a valid insurance disk on their car, you should call AGS straight away and let them know of the incident. Get tons of photos also (including photos of the driver!).

RoboRat

https://www.boards.ie/discussion/comment/121849008#Comment_121849008

There is a fund run by MIBI for accidents involving uninsured drivers and people who scarper. From recollection, every policy pays into this fund. Have a look here, there might be something of use: https://www.mibi.ie/

ELM327

+1

Great idea for a forum

SteM

https://www.boards.ie/discussion/comment/121849059#Comment_121849059

Yeah, my wife wanted to call AGS but to other woman said she didn't have time to hang around for them 🙄

Seth Brundle

Currently is is suggested that one in thirteen drivers are uninsured. Whether or not the figure is correct, I don't know but I'd rather assume that someone without a valid windscreen disk is uninsured until they can prove otherwise.

Clo-Clo

https://www.boards.ie/discussion/comment/121849008#Comment_121849008

Happened my car but we didn't see and person left with huge damage done. Weeks trying to get Gardai to do anything about it and got nowhere. In reality an off duty Garda told them the number of cars getting tips etc in car park is incredible in Dublin so they just don't have the numbers to follow them all up.

https://www.boards.ie/discussion/comment/121849074#Comment_121849074

Never knew about this, I need to contact them :-)

HeidiHeidi

AFAIK the MIBI will only compensate for personal injury, not for material damage

Oscar_Madison

https://www.boards.ie/discussion/comment/121849125#Comment_121849125

-1 - it’s too focused on Lidl car parks- I’d like it expanded to include all supermarket car parks and a special section on whether a Garda can ask you anything when not wearing their cap and purchasing a mars bar.

Seth Brundle

https://www.boards.ie/discussion/comment/121849203#Comment_121849203

They don't cover property when dealing with unidentified vehicles but do when dealing with uninsured drivers...

Vehicle/Property Damage Claims

The MIBI Agreement provides for the payment of compensation of vehicle/property claims however the alleged offending vehicle must be identified by means of a valid registration plate. In instances where the alleged offending vehicle cannot be identified by means of a valid registration plate MIBI has no liability to pay compensation for vehicle/property damage [unless there are significant personal injuries arising from the same accident].

https://www.mibi.ie/making-a-claim/uninsured-vehicles/

artanevilla

Your questions are:

So my question is am I right? - No, the Garda observed you driving in a public place with no insurance.

And can he prosecute us based on this? - Absolutely.

The rest of the story is irrelevant essentially, shopping doesn't make you immune from prosecution.

Clo-Clo

https://www.boards.ie/discussion/comment/121849203#Comment_121849203

Yeah I just found this out when I contacted them....f**k still left with a hefty repair bill

o1s1n

They were in the right but if they'd had any tact they'd have waited till you were done in the shop and nabbed you both outside. Seems bizarre to do it during their own shopping.

Clo-Clo

https://www.boards.ie/discussion/comment/121849394#Comment_121849394

Why not approach them in the shop? standing outside of the shop could give away their presence and the people could run off.

If one is talking to them about the situation and no problems, then the other Garda is irrelevant. You don't need two Garda for this type of situation.

https://www.boards.ie/discussion/comment/121849394#Comment_121849394

yeah the Garda should have stood outside for an indeterminate length of time as not to bother the poor uninsured driver just out for shopping.

Sure it’s not big deal anyway was just down to Lidl.

Banjo Carney

Going by the last paragraph in the OP her boyfriend was driving the car on a third party extension using the policy on their old car but because the new car is in his name he isn't covered.

Unfortunately it doesn't change anything as it's up to the driver to be sure they are covered to drive. I can see how it could happen though especially if there's a language barrier.

o1s1n

https://www.boards.ie/discussion/comment/121850333#Comment_121850333

It would have been more tactful to confront the person when they got back to their car to have a word and not in the middle of everyone doing their shopping. It's just unnecessary.

Nobody was under attack, in danger, robbing the shop or going to do a runner. It takes only a moment to follow someone to their car to talk to them about their affairs not being in order.

Is there a line with this? Garda noticing your NCT is out and confronting you mid root canal? TV License Inspector getting you in the sauna?

Half the job of being a Garda is knowing when to be tactful when confronting people. These gardai were not.

kirving

I *think* the last line means that the OP's boyfriend was not insured to drive the car - because he owned it.

ie: he had an insurable interest in it, so would need to be named on the policy, as opposed to his own "driving other cars" extension applying to it.

@Nita25 Is that what you mean?

AngeloArgue

https://www.boards.ie/discussion/2058338924/garda-asking-for-car-insurance-in-shop

Did you have a disc displaying insurance details as is required under Irish law? If not, jog on

AndrewJRenko

https://www.boards.ie/discussion/comment/121851460#Comment_121851460

Being tactful could have cost two Gardai 30-40 minutes of hanging around. Do we really want to waste hours of Gardai time to be tactful?

https://www.boards.ie/discussion/comment/121851460#Comment_121851460

my point is why should the Garda wait around for who knows how long to confront someone breaking the law?

Just because you decided to drive to Lidl uninsured doesn’t mean it’s now the Gardai’s responsibility to let you finish your shopping first..

They were absolutely right. They saw a car without insurance and did their job.

Banjo Carney

https://www.boards.ie/discussion/comment/121851479#Comment_121851479

Non display doesn't compare with driving without insurance and most judges will throw it out of court