Car Accident, no NCT and licence Expired face palm

inchiuvatu · 11-09-2014 10:06AM #1

I wont go into details about the accident.

was my friends fault minor shunt small damage to bumpers.

she's realised her car was out of NCT, and when she eventually found her licence she realised it was expired.

The other side wont do cash and are forcing it through insurance which she had, is it possible the insurance company might not pay out due to the NCT/licence circumstances or will they payout and then seek reimbursment from my friend.

No garda were are the scene and no injuries are being claimed. will she have to go to court about the NCT?

any advice/opinions welcome and thanks for you time, or if there is a thread that answers the questions if you could point me to it ill go read... just in work so cant spend too long poking around boards.

Cheers.

djimi · 11-09-2014 10:09AM

I cant speak for the license (I suspect it will come down to just how expired it was), but in terms of the NCT she needs to check her policy, because some will specify that valid NCT is a requirement, whereas others will leave it more ambiguous and state something along the lines of the car must be in a roadworthy condition.

hullaballoo · 11-09-2014 10:10AM

Jaysus, what a mess. The only person who can correctly advise in relation to this is a qualified legal professional. Tell your friend to engage a solicitor.

There are a number of issues present, the least concerning of which is the expired NCT.

sjb25 · 11-09-2014 10:14AM

I'm no legal expert but wouldn't the fact the licence is out of date render the insurance void I'd assume to be insured you must first be licensed

Little CuChulainn · 11-09-2014 10:17AM

Many insurance policies require that the person hold, or have held an Irish driving licence and are not prevented from holding one by conviction or medical condition. This means that if your licence expires during the policy you may still be insured. The only way to tell is to read your insurance documents fully.

sjb25 · 11-09-2014 10:22AM

Think she was lucky the garda wasn't called she would run the possibility of court for the NCT and for the licence out of date and possibly driving witout insurence!!! But as the lads say the policy should tell you about insurance she may get lucky and get away lightly

inchiuvatu · 11-09-2014 10:23AM

thanks* for the insights, ill have her read her policy carefully..

she's mostly worried about the insurnce not paying out and it becoming a legal issue... she's happy to pay either the person she hit OR pay back the insurance company.

would it be wise to talk to the insurer and explain the details and agree with them to repay any costs for the claim and let it "go through" the insurer?

Little CuChulainn · 11-09-2014 10:24AM

sjb25 wrote: »

Think she was lucky the garda wasn't called she would run the possibility of court for the NCT and for the licence out of date and possibly driving witout insurence!!! But as the lads say the policy should tell you about insurance she may get lucky and get away lightly

The insurance will likely require her to report the accident.

Rightwing · 11-09-2014 10:24AM

At least there are no injuries, could be cleaned out otherwise.

sjb25 · 11-09-2014 10:27AM

Little CuChulainn wrote: »

The insurance will likely require her to report the accident.

O yes probably will

djimi · 11-09-2014 10:39AM

sjb25 wrote: »

I'm no legal expert but wouldn't the fact the licence is out of date render the insurance void I'd assume to be insured you must first be licensed

An expired license does not mean that a person is not licensed to drive. Im not 100% certain but I suspect that it will not be an issue provided the license has not been suspended or has not been expired for more than 10 years (after which time you have to retake the test to renew the license).

coylemj · 11-09-2014 12:02PM

Your licence expiring has no effect on your insurance cover. Every policy document says the same thing: you must 'hold or have held a licence to drive such vehicle' As long as you are not disqualified and held a licence at some stage in the past, your insurance cover is not affected when your licence expires.

Some insurance companies used to include a clause which said that a condition of cover was that your car had to have a current NCT, all have now removed that condition because they realised that they could not use it (expired NCT) as an excuse to deny a third party claim. Some brokers firms (123 might be an example) still include the condition but the policy documents of the insurance companies no longer include that condition.

racso1975 · 11-09-2014 12:03PM

Had slightly the same problem myself. No NCT but that was not a problem for the insurance however the valuation did drop because of it. However the insurance did request a copy of my license before they paid out and my accident report form. No requirements to report it to the Gardai though

GerardKeating · 11-09-2014 12:19PM

inchiuvatu wrote: »

I wont go into details about the accident.

was my friends fault minor shunt small damage to bumpers.

she's realised her car was out of NCT, and when she eventually found her licence she realised it was expired.

The other side wont do cash and are forcing it through insurance which she had, is it possible the insurance company might not pay out due to the NCT/licence circumstances or will they payout and then seek reimbursment from my friend.

No garda were are the scene and no injuries are being claimed. will she have to go to court about the NCT?

any advice/opinions welcome and thanks for you time, or if there is a thread that answers the questions if you could point me to it ill go read... just in work so cant spend too long poking around boards.

Cheers.

The first thing your friend needs to do (or maybe she already has) is to get Licence and NCT sorted, if she completes all the paper work and send it off today, insurance might never notice it was out of date at the time of the accident, and apply for an NCT today. depending of what part of the country, you might get lucky and get it done quickly.

IANAL, but does the other party have the right to insist that the their repair is done via the insurance company, if your friend wants to pay cash for the third party repairs.

slimjimmc · 11-09-2014 12:59PM

GerardKeating wrote: »

:
:
IANAL, but does the other party have the right to insist that the their repair is done via the insurance company, if your friend wants to pay cash for the third party repairs.

Yes, the injured party does not have to accept anything the OP's friend offers and can simply claim against the friends policy. They can also get to decide where repairs are done.

djimi · 11-09-2014 01:07PM

They simply might not want the hassle of getting it sorted themselves, or the potential haggling about prices and where its going to be done. There also might be an issue relating to courtesy/hire car, which might be available through insurance but not otherwise.

inchiuvatu · 11-09-2014 02:58PM

djimi wrote: »

They simply might not want the hassle of getting it sorted themselves, or the potential haggling about prices and where its going to be done. There also might be an issue relating to courtesy/hire car, which might be available through insurance but not otherwise.

My friend was more than courtious, had agreed to pay the price her garage had quoted and offered to pay for any rental car required.. but i can understand the person wanting for it to be all "above board".

slimjimmc · 11-09-2014 03:30PM

inchiuvatu wrote: »

My friend was more than courtious, had agreed to pay the price her garage had quoted and offered to pay for any rental car required.. but i can understand the person wanting for it to be all "above board".

Once the insurance claim is settled you friend should be able to refund her insurer and in return her insurer would effectively wipe the slate clean on this incident, i.e. no claim recorded, no NCB affected. If she was willing to pay the injured party directly then she should look into this possibility. Most, if not all, insurers do this.

Pro Hoc Vice · 11-09-2014 03:59PM

slimjimmc wrote: »

Once the insurance claim is settled you friend should be able to refund her insurer and in return her insurer would effectively wipe the slate clean on this incident, i.e. no claim recorded, no NCB affected. If she was willing to pay the injured party directly then she should look into this possibility. Most, if not all, insurers do this.

Have never heard of that.

Drop the Ball · 11-09-2014 04:29PM

inchiuvatu wrote: »

The other side wont do cash and are forcing it through insurance

Why won't the other side accept cash?
Why are the forcing it through the insurance route?
Surely your friend can decide if the claim goes through your insurance or not once the all damages are fixed to everyones staisfaction

inchiuvatu · 11-09-2014 06:53PM

Drop the Ball wrote: »

Why won't the other side accept cash?
Why are the forcing it through the insurance route?
Surely your friend can decide if the claim goes through your insurance or not once the all damages are fixed to everyones staisfaction

id prefer not to go into detail on the circumstances especially as i wasn't party to any of the converstaions but thats the situation.. offered to pay everything in cash... other party prefer to go through insurance.

She doesn't mind them doing that if the insurer will process the claim without any hassle about the nct/licence.. and if there is a problem if she can square off with the insurer and have that be the end of it she'd also be perfectly happy.

Drop the Ball · 11-09-2014 08:54PM

inchiuvatu wrote: »

id prefer not to go into detail on the circumstances especially as i wasn't party to any of the converstaions but thats the situation.. offered to pay everything in cash... other party prefer to go through insurance.

She doesn't mind them doing that if the insurer will process the claim without any hassle about the nct/licence.. and if there is a problem if she can square off with the insurer and have that be the end of it she'd also be perfectly happy.

Fair enough, I hope your friend has no claims protection on their insurance policy.

Lantus · 11-09-2014 11:39PM

Drop the Ball wrote: »

Why won't the other side accept cash?
Why are the forcing it through the insurance route?
Surely your friend can decide if the claim goes through your insurance or not once the all damages are fixed to everyones staisfaction

Because most people who have tried to do the right thing and accept cash usually get an earful of abuse and trouble for their time. Its all very well until the four figure sums come back and then all hell brakes loose. The person paying wants to use some back street garage no one has ever heard of which is half the price. The person who's car was damaged needs the job done properly and courtesy cars lined up with minimal fuss.

Having been threatened and knowing of several other people who have suffered the same fate for trying this I'd never even contemplate it again. There is no cost to the person claiming and every benefit so why shouldn't they claim?

wouldn't worry about NCT or license. They wont ask and you wont volunteer the info, especially for a bumper bender. its way too minor, Just book it in and apply asap for new license and keep your mouth shut.

goz83 · 12-09-2014 01:18AM

Was your friend driving a KIA?

inchiuvatu · 12-09-2014 11:29AM

goz83 wrote: »

Was your friend driving a KIA?

im not going to answer that either way.. (please dont read into it that you are right and im trying to hide something)

id prefer if people didn't try identify the people involved im trying to only share enough so people can understand the situation and advice on the issue regarding the insurer and nct/licence mess up. i really dont want to upset or involve myself with any of the dealings between the two parties.

thanks for peoples time in answering and your opinions.. time will tell now.

hullaballoo · 12-09-2014 11:34AM

I'd also prefer if people would refrain from seeking personal identifying information.

Thanks.

goz83 · 12-09-2014 11:40AM

That was meant to be a joke. My smiley is missing. I certainly didn't expect an answer. Hope it all works out for your friend.

inchiuvatu · 12-09-2014 12:20PM

goz83 wrote: »

That was meant to be a joke. My smiley is missing. I certainly didn't expect an answer. Hope it all works out for your friend.

lol, thats fair enough so... im in a bit of a serious mood today reading too much into things! :pac:

Car Accident, no NCT and licence Expired *face palm*

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Car Accident, no NCT and licence Expired face palm