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Insurance cover query with Garda consequences

  • 29-05-2019 5:51pm
    #1
    Registered Users Posts: 28


    Hi,


    I recently did an old neighbour a favour and drove his van on a task with him as a passenger. He maintained he was fully comp and as he was in vehicle and i am a clean license and in my fifties we both assumed I was covered.


    I had a problem reversing the van into an alleyway on a public/private property (leisure centre). A garda that was in the area watching from a distance came over and berated me for my efforts and asked me to produce license and insurance for the vehicle in question.


    The neighbour has since found out that his insurance was changed this yr from open driven to driver only.


    This guard is particularly overzealous ive learned and expect this to be pursued to the full rigour of the law.


    I understand my position and dont need multiple posts highlighting my misfortune, what I wish to know from anyone who works for an insurance firm or is knowledgeable in these matters is whether it is possible for the van owner to write a letter on my behalf (stating that he assumed I was covered but upon enquiry realised i wasnt to explain the genuine nature of my mistake) or will this also incriminate him in some negligence especially as it is written on paper.


    I have until monday to submit the paperwork so an informed answer sooner than later would be greatly appreciated, thanks.


«1

Comments

  • Closed Accounts Posts: 426 ✭✭Nikki Sixx


    Hi,


    I recently did an old neighbour a favour and drove his van on a task with him as a passenger. He maintained he was fully comp and as he was in vehicle and i am a clean license and in my fifties we both assumed I was covered.


    I had a problem reversing the van into an alleyway on a public/private property (leisure centre). A garda that was in the area watching from a distance came over and berated me for my efforts and asked me to produce license and insurance for the vehicle in question.


    The neighbour has since found out that his insurance was changed this yr from open driven to driver only.


    This guard is particularly overzealous ive learned and expect this to be pursued to the full rigour of the law.


    I understand my position and dont need multiple posts highlighting my misfortune, what I wish to know from anyone who works for an insurance firm or is knowledgeable in these matters is whether it is possible for the van owner to write a letter on my behalf (stating that he assumed I was covered but upon enquiry realised i wasnt to explain the genuine nature of my mistake) or will this also incriminate him in some negligence especially as it is written on paper.


    I have until monday to submit the paperwork so an informed answer sooner than later would be greatly appreciated, thanks.

    Not being nasty, but a letter from the van owner is worthless in this scenario. May I ask why the van owner didn’t drive it himself?


  • Registered Users, Registered Users 2 Posts: 473 ✭✭The pigeon man


    Does your own insurance cover you to drive someone else's car with their permission?

    I know this is the case with alot of policies


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    Unfortunately you were driving without insurance,a letter from the owner wont change that in the eyes of the law.


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    Does your own insurance cover you to drive someone else's car with their permission?

    I know this is the case with alot of policies

    The driving other cars extension on private motor policies specifically excludes commercial vehicles.


  • Registered Users Posts: 28 random voice


    I dont have insurance, I was hoping having him on board would help nut I kind of knew it was fruitless in eyes of the law, I just wondered if a judge would have a more sympathetic view as i was doing an old man a turn and i didnt have a crazy driving record if i had a letter from him to state the error. I still havent heard from anyone whether the van owner would get in trouble for letting me drive his van without insurance cover whilst he was on board, this was the crux of my enquiry??


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  • Closed Accounts Posts: 426 ✭✭Nikki Sixx


    What details did you give the guard when he stopped you?


  • Registered Users Posts: 28 random voice


    name, address, date of birth, telephone number.


  • Registered Users Posts: 28 random voice


    he asked for license and insurance for the vehicle in 10 days


  • Closed Accounts Posts: 426 ✭✭Nikki Sixx


    he asked for license and insurance for the vehicle in 10 days

    Would you consider taking out a policy on the van and hoping for the best?


  • Registered Users Posts: 28 random voice


    thought of that, costs more than the fine would be and it could blow up in my face regarding date of insurance issued versus info guard put in his book, very risky gamble.


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  • Registered Users, Registered Users 2 Posts: 83,507 ✭✭✭✭Atlantic Dawn
    M


    Fail to prepare, prepare to fail.


  • Closed Accounts Posts: 1,220 ✭✭✭Jurgen The German


    Nikki Sixx wrote: »
    Would you consider taking out a policy on the van and hoping for the best?

    No insurer will back date a policy so the date he was stopped would be different from the inception date of the policy. It would make matters worse as it is a clear attempt at deception.

    OP, all you can do is throw yourself on the mercy of the guard. Explain that the owner had assured you the van had open driving on it. Ask the owner to come with you to the station to verify that. A letter is pointless as anyone could write it. If the guard sticks to the letter of the law then you will most likely get done for driving with no insurance.


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    No insurer will back date a policy so the date he was stopped would be different from the inception date of the policy. It would make matters worse as it is a clear attempt at deception.

    OP, all you can do is throw yourself on the mercy of the guard. Explain that the owner had assured you the van had open driving on it. Ask the owner to come with you to the station to verify that. A letter is pointless as anyone could write it. If the guard sticks to the letter of the law then you will most likely get done for driving with no insurance.

    Hopefully the Garda will have some Klopp on Jurgen.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Bring the vans insurance certificate and disk to the station and present it there.
    You're not required to produce it to the same Garda who questioned you.
    Ask for a receipt too.

    Don't volunteer any information. It will not help you at this stage.

    They're looking for documentation to prove the van has insurance and it's unlikely they'll be examining it word by word.

    If it gets to court bring the owner with you and have him bring the current policy and previous policies. Be truthful with the judge of course.


  • Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Hi,
    The neighbour has since found out that his insurance was changed this yr from open driven to driver only.

    I would be a little sceptical of this, it's unusual for a policy to be changed rather than to just be priced on last years details.


  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    magentis wrote: »
    The driving other cars extension on private motor policies specifically excludes commercial vehicles.

    I just checked the policy booklet for my insurance and this is the section on driving other cars.
    No mention of excluding commercial vehicles.

    3. Comprehensive Driving Other Cars
    If item 5(b) is shown on current Certificate of Insurance and Section 4 is shown on the current
    Schedule of Insurance we will cover you under the terms of Sections 2, 3 and 4 while you are
    personally driving a vehicle as described in item 5(b) provided that
    a) the vehicles engine capacity is not greater than 2,500 cubic centimetres and the value
    does not exceed €50,000
    b) you have the owner's permission to drive the vehicle
    c) the vehicle has not been modified in any way
    d) the loss or damage occurs within the Republic of Ireland
    e) there is no other insurance in force which covers you to drive that vehicle.
    Where such cover exists no payment will be made under this sub section irrespective of the
    cover provided by that other policy.


    Not saying you are wrong but have you any reference for what you are saying, I had thought there was no issue and have driven a friends Transit Connect a few times you have me worried now I wasn't insured.

    edit to add source: https://personalbanking.bankofireland.com/app/uploads/2016/01/Car-Insurance-Policy-Booklet-0518.pdf


  • Registered Users, Registered Users 2 Posts: 18,625 ✭✭✭✭_Brian


    Letter from owner will be useless.

    It was your responsibility to ensure you were covered and you didn’t make sure.

    Depends on the guard in question but you could be prosecuted for no insurance.


  • Registered Users, Registered Users 2 Posts: 18,625 ✭✭✭✭_Brian


    cruizer101 wrote: »
    I just checked the policy booklet for my insurance and this is the section on driving other cars.
    No mention of excluding commercial vehicles.

    3. Comprehensive Driving Other Cars
    If item 5(b) is shown on current Certificate of Insurance and Section 4 is shown on the current
    Schedule of Insurance we will cover you under the terms of Sections 2, 3 and 4 while you are
    personally driving a vehicle as described in item 5(b) provided that
    a) the vehicles engine capacity is not greater than 2,500 cubic centimetres and the value
    does not exceed €50,000
    b) you have the owner's permission to drive the vehicle
    c) the vehicle has not been modified in any way
    d) the loss or damage occurs within the Republic of Ireland
    e) there is no other insurance in force which covers you to drive that vehicle.
    Where such cover exists no payment will be made under this sub section irrespective of the
    cover provided by that other policy.


    Not saying you are wrong but have you any reference for what you are saying, I had thought there was no issue and have driven a friends Transit Connect a few times you have me worried now I wasn't insured.

    edit to add source: https://personalbanking.bankofireland.com/app/uploads/2016/01/Car-Insurance-Policy-Booklet-0518.pdf

    The fourth word is “cars”
    These are not commercial vehicles.

    No private policy covers driving commercial vehicles.


  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    _Brian wrote: »
    The fourth word is “cars”
    These are not commercial vehicles.

    No private policy covers driving commercial vehicles.

    I somehow glanced over that bit and just saw where they said vehicle in all the other terms.
    F**king insurance in Ireland they make everything so difficult.
    If I'm licenced to drive the vehicle and its the same licence class as the vehicle I'm insured on there is no good reason I shouldn't be able to drive it.


  • Registered Users, Registered Users 2 Posts: 4,550 ✭✭✭FishOnABike


    cruizer101 wrote: »
    I just checked the policy booklet for my insurance and this is the section on driving other cars.
    No mention of excluding commercial vehicles.

    3. Comprehensive Driving Other Cars
    If item 5(b) is shown on current Certificate of Insurance and Section 4 is shown on the current
    Schedule of Insurance we will cover you under the terms of Sections 2, 3 and 4 while you are
    personally driving a vehicle as described in item 5(b) provided that
    a) the vehicles engine capacity is not greater than 2,500 cubic centimetres and the value
    does not exceed €50,000
    b) you have the owner's permission to drive the vehicle
    c) the vehicle has not been modified in any way
    d) the loss or damage occurs within the Republic of Ireland
    e) there is no other insurance in force which covers you to drive that vehicle.
    Where such cover exists no payment will be made under this sub section irrespective of the
    cover provided by that other policy.


    Not saying you are wrong but have you any reference for what you are saying, I had thought there was no issue and have driven a friends Transit Connect a few times you have me worried now I wasn't insured.

    edit to add source: https://personalbanking.bankofireland.com/app/uploads/2016/01/Car-Insurance-Policy-Booklet-0518.pdf
    _Brian wrote: »
    The fourth word is “cars”
    These are not commercial vehicles.

    No private policy covers driving commercial vehicles.

    I think it's time to get some real advice. As far as I know 'car' has no official meaning, under toad traffic legislation there are different classes of "mechanically propelled vehicle".

    If van van you were driving would meet the limitations mentioned in 5b above e.g. engine size, weight, value and any other limitations mentioned in the certificate, policy booklet or schedule of insurance it can be argued that your insurance does cover you to drive the van.

    Another thing which may be relevant when you present the requested document at the garda station is what category on your driving licence was driving the van covered by?

    You don't mention the type of van but many light to medium sized vans would be included in the same category B that covers a 'car'.

    I don't know if any precedent has ever been set but if the van is in the same licence category as your main vehicle and meets the other limitations in the schedule (engine size, value, etc...) surely national and EU driving licence and road traffic legislation defining classes of vehicles has more weight than a colloquial term which is not defined in legislation.


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  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    Well I googled a few others and some of them seem to be a bit more explicit. eg. liberty (https://www.libertyinsurance.ie/help-centre/am-i-insured-to-drive-other-vehicles/)

    It does not include:
    vans;
    car-vans;
    jeep-type vehicles with no seats in the back; or
    vans adapted to carry passengers.


    Still a load of crap mind, the one I was driving was transit connect which is actually shorter and narrower than my own car, :confused:
    And in my own car I can fold the seats down so it basically is the same as a commercial vehicle


  • Registered Users, Registered Users 2 Posts: 2,937 ✭✭✭SmartinMartin


    ^^^^^

    People should actually read the thread before replying.


  • Registered Users, Registered Users 2 Posts: 2,245 ✭✭✭check_six


    When you were to hire a van do you not need comprehensive insurance to avoid the extra insurance charge?


  • Registered Users, Registered Users 2 Posts: 4,550 ✭✭✭FishOnABike


    cruizer101 wrote: »
    Well I googled a few others and some of them seem to be a bit more explicit. eg. liberty (https://www.libertyinsurance.ie/help-centre/am-i-insured-to-drive-other-vehicles/)

    It does not include:
    vans;
    car-vans;
    jeep-type vehicles with no seats in the back; or
    vans adapted to carry passengers.


    Still a load of crap mind, the one I was driving was transit connect which is actually shorter and narrower than my own car, :confused:
    And in my own car I can fold the seats down so it basically is the same as a commercial vehicle

    Checking the max. authorised mass for the transit connect on a few websites it seems all variants listed are comfortably within the class B vehicle category (MAM1 3500kg), the highest capacity one was listed as having MAM1 of 2405kg.

    The slipshod terminology used in the example from liberty insurance above is frightening, do any of those vehicle terms have a legal definition?

    I think there's a need for legislation to ensure insurance companies use only the vehicle categories defined in legislation and the class of use e.g. domestic, social + pleasure, commercial travelling, carrying goods, hire for payment or reward, etc... in categorising policies. Otherwise in the words of Humpty Dumpty "When I use a word," Humpty Dumpty said, in rather a scornful tone, "it means just what I choose it to mean—neither more nor less."

    Vans - thought this was a brand name for runners and casual ware, associated largely with surf and skater culture.

    Jeep - American brand of rugged military personnel career - wft is "jeep-type"


  • Registered Users, Registered Users 2 Posts: 4,550 ✭✭✭FishOnABike


    Another thing that might be relevant is what the van was being used for and whether that use was covered by insurance - e.g. if it was being used for carriage of goods, business or vommercial and your insurance only covered social, domestic + pleasure then, although the class of vehicle might be covered by your licence and insurance but, that particular use might not.

    The more you think about the more complexities there seems to be. Considering the potential for penalty points, a fine or driving disqualification a chat with a solicitor in a Free Legal Advice Clinic or initial consultation with a solicitor (often free) might be worthwhile to figure out how to best deal with it.


  • Registered Users, Registered Users 2 Posts: 25,495 ✭✭✭✭coylemj


    Pkiernan wrote: »
    Bring the vans insurance certificate and disk to the station and present it there.
    You're not required to produce it to the same Garda who questioned you.
    Ask for a receipt too.

    Don't volunteer any information. It will not help you at this stage.

    They're looking for documentation to prove the van has insurance and it's unlikely they'll be examining it word by word.

    They're not that dumb. The cert. will show the owner's name as the policyholder so given that the OP is a different person, the Garda at the desk will go straight to the section on 'Drivers', looking for something along the following lines....

    (b) Any person between the ages of 25 and 70 years with a full driving licence driving with the Insured's consent the vehicle described in 5(a) above.

    Provided that the person driving holds a licence to drive such Vehicle or, having held such a licence is not disqualified from holding such a licence.


    which will be absent from the cert. so it will be immediately obvious that the OP was not covered to drive the vehicle, whether it was a van or a car.


  • Registered Users, Registered Users 2 Posts: 25,495 ✭✭✭✭coylemj


    Another thing that might be relevant is what the van was being used for and whether that use was covered by insurance

    The owner's insurance did not cover other drivers and the OP has no insurance of his own.
    The more you think about the more complexities there seems to be.

    The more I read the thread, the less complex it appears. Van, car, truck, motorbike.... the OP was not covered to drive the vehicle, period.


  • Posts: 2,799 ✭✭✭ [Deleted User]


    Pkiernan wrote: »
    Bring the vans insurance certificate and disk to the station and present it there.
    You're not required to produce it to the same Garda who questioned you.
    Ask for a receipt too.

    Don't volunteer any information. It will not help you at this stage.

    They're looking for documentation to prove the van has insurance and it's unlikely they'll be examining it word by word.

    If it gets to court bring the owner with you and have him bring the current policy and previous policies. Be truthful with the judge of course.

    Best advice. Also, go when it might be busier


  • Registered Users, Registered Users 2 Posts: 9,760 ✭✭✭Effects


    I had a problem reversing the van into an alleyway on a public/private property (leisure centre).

    Were you driving it the whole time or did you just take over the reversing into the alleyway as he was nervous of doing it himself?


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  • Registered Users, Registered Users 2 Posts: 25,495 ✭✭✭✭coylemj


    Best advice. Also, go when it might be busier

    OP's hands over his driving licence, they record it in their system. Then he hands over the van owner's insurance cert. Which has a diffrent name and address. You're suggesting they won't notice?


  • Registered Users, Registered Users 2 Posts: 4,550 ✭✭✭FishOnABike


    coylemj wrote: »
    The owner's insurance did not cover other drivers and the OP has no insurance of his own.



    The more I read the thread, the less complex it appears. Van, car, truck, motorbike.... the OP was not covered to drive the vehicle, period.
    OP has insurance on his own vehicle. Depending on the exact wording and interpretation of that insurance policy and the circumstances in which he was driving the van he may (or may not) be covered by the driving other vehicles clause of his own insurance. Hence the advice to get expert opinion.


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    OP has insurance on his own vehicle. Depending on the exact wording and interpretation of that insurance policy and the circumstances in which he was driving the van he may (or may not) be covered by the driving other vehicles clause of his own insurance. Hence the advice to get expert opinion.

    Post #6


  • Registered Users, Registered Users 2 Posts: 25,495 ✭✭✭✭coylemj


    OP has insurance on his own vehicle.
    I dont have insurance.....
    Depending on the exact wording and interpretation of that insurance policy and the circumstances in which he was driving the van he may (or may not) be covered by the driving other vehicles clause of his own insurance. Hence the advice to get expert opinion.

    Even if the OP did have a policy in his own name and he did have 'driving other cars', he would not be covered to drive a van if he was insured with any of these companies and that is regardless of the purpose of the trip or whether there was goods onboard or not....

    Liberty ('driving other cars') ..

    This extension applies while being driven within the territorial limits and only to private passenger cars. It does not include:

    vans
    car-vans
    crew cabs
    jeep-type vehicles with no seats in the back
    vans adapted to carry passengers or
    any vehicles taxed commercially

    Allianz.....

    Endorsement No 4 – Driving other Cars

    We will insure You in respect of legal liability, as provided under Section 1 (Third Party Insurance) whilst You are driving another Private Car, provided such Private Car.......

    FBD ('Third party driving of other cars')


    This extension applies to private passenger cars driven with the owner’s permission only.

    Aviva ('Driving other cars')

    This cover will only apply if –

    9. the motor vehicle being driven is solely a Private car. This cover does not include the driving of any commercial vehicles, camper vehicles, vans, car-vans, vans adapted to carry passengers or vehicles used for hire or reward such as a taxi or a hackney car;

    Axa (1b Driving other cars)

    This extension applies only to private passenger vehicles. It does not include vans, car-vans, jeeps with no seats in the back or vans adapted to carry passengers.

    RSA (via 123.ie) Section 2 Driving other Motor Cars

    We will cover ........... while You are driving any private motor car with the owner’s permission, providing:

    (iv) it is not a car-van with only 2 seats or less, nor a motorcycle nor commercial vehicle of any kind;


  • Registered Users Posts: 28 random voice


    I tried talking to the guard, he took great pleasure in once again highlighting my bad driving, he specifically mentioned me being insured for that particular vehicle - i am not. I expect to be summonsed and go to court. I do not wish to attempt insurance fraud on top of the original offence. Its too bad there are cops out looking to up there tally of convictions on soft targets and are invisible when it comes to tackling hardened criminals. I accept my shortcomings and just hope the old man doesnt get into trouble also as he was a passenger.


  • Closed Accounts Posts: 426 ✭✭Nikki Sixx


    Best advice. Also, go when it might be busier

    This is interesting and seems logical. (Better Call Saul kinda stuff).;-)


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  • Registered Users, Registered Users 2 Posts: 25,495 ✭✭✭✭coylemj


    Nikki Sixx wrote: »
    This is interesting and seems logical. (Better Call Saul kinda stuff).;-)

    It is completely not logical advice. It's frankly stupid advice because the poster is advising the OP to show up at a Garda station with an insurance cert. with someone else's name on it and no provision for other drivers.

    The first thing the Garda at the desk will tell him is: 'this cert. only covers the policyholder. Which is not you'.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    I tried talking to the guard, he took great pleasure in once again highlighting my bad driving, he specifically mentioned me being insured for that particular vehicle - i am not. I expect to be summonsed and go to court. I do not wish to attempt insurance fraud on top of the original offence. Its too bad there are cops out looking to up there tally of convictions on soft targets and are invisible when it comes to tackling hardened criminals. I accept my shortcomings and just hope the old man doesnt get into trouble also as he was a passenger.

    Its easy to pass it off as an over zealous Gard, but what would have happened if you'd hit someone and injured them?

    Driving without insurance is well outside "ah sure itll be grand" territory.


  • Registered Users Posts: 28 random voice


    I didnt know I didnt have insurance!!! I came on here for advice not for a lesson in morality.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    I didnt know I didnt have insurance!!! I came on here for advice not for a lesson in morality.

    I know you didn't, you covered it at the start. But you still seem to continue with the narrative that the Gard was somehow at fault or should just let you away with it and if he doesn't hes a prick.


  • Registered Users, Registered Users 2 Posts: 25,495 ✭✭✭✭coylemj


    I didnt know I didnt have insurance!!! I came on here for advice not for a lesson in morality.

    You might attract less attention from the high-horse brigade if you didn't come out with nonsense like this.....
    Its too bad there are cops out looking to up there tally of convictions on soft targets and are invisible when it comes to tackling hardened criminals.


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  • Registered Users, Registered Users 2 Posts: 10,447 ✭✭✭✭Marcusm


    I tried talking to the guard, he took great pleasure in once again highlighting my bad driving, he specifically mentioned me being insured for that particular vehicle - i am not. I expect to be summonsed and go to court. I do not wish to attempt insurance fraud on top of the original offence. Its too bad there are cops out looking to up there tally of convictions on soft targets and are invisible when it comes to tackling hardened criminals. I accept my shortcomings and just hope the old man doesnt get into trouble also as he was a passenger.

    The best you can do is engage a solicitor then attend court. If presented like this you might get offered the poor box route to avoid a conviction. Expect it to be at least as much as the potential fine.


  • Registered Users Posts: 1 Justin33631


    I didnt know I didnt have insurance!!! I came on here for advice not for a lesson in morality.

    Ignorance is no excuse. "Doing a favour for an old man." Rubbish.


  • Registered Users, Registered Users 2 Posts: 25,495 ✭✭✭✭coylemj


    Marcusm wrote: »
    The best you can do is engage a solicitor then attend court. If presented like this you might get offered the poor box route to avoid a conviction. Expect it to be at least as much as the potential fine.

    Although the OP has expressed the wish that the 'old man' (the van owner) doesn't get into trouble, this might be the only way for the OP to avoid a conviction and a heavy fine.

    It would go something like this: the Garda summons the owner for permitting someone to drive his vehicle without insurance and the OP for driving without insurance. Both of them appear in court and the 'old man' admits that he told the OP that he was insured but later realised that he didn't have open driving. Old man gets hammered with a big fine while the OP gets to make a donation to the court poor box, the judge applies the Probation Act and the OP avoids a conviction.

    If the OP alone is summonsed, his excuse won't really wash. The judge will have heard every excuse in the book and that one won't get much sympathy. One of them has to take a hit and if the owner is not summonsed, the OP will get a conviction and a big fine. You need a seriously good excuse to avoid a conviction for driving with no insurance.


  • Registered Users, Registered Users 2 Posts: 3,591 ✭✭✭Hoboo


    You need qualified legal advice, and you won't get it here. Another thread of opinions with little or no fact.


  • Registered Users, Registered Users 2 Posts: 25,495 ✭✭✭✭coylemj


    Hoboo wrote: »
    You need qualified legal advice, and you won't get it here. Another thread of opinions with little or no fact.

    We have all the facts we need. Even the OP admits he was not covered to drive the van. There is no conceivable way he was insured.

    You're suggesting that 'qualified legal advice' could come up with a solution?


  • Registered Users, Registered Users 2 Posts: 5,301 ✭✭✭gordongekko


    coylemj wrote: »
    We have all the facts we need. Even the OP admits he was not covered to drive the van. There is no conceivable way he was insured.

    You're suggesting that 'qualified legal advice' could come up with a solution?

    Yeah. That's the best course of action.


  • Registered Users, Registered Users 2 Posts: 10,447 ✭✭✭✭Marcusm


    coylemj wrote: »
    Although the OP has expressed the wish that the 'old man' (the van owner) doesn't get into trouble, this might be the only way for the OP to avoid a conviction and a heavy fine.

    It would go something like this: the Garda summons the owner for permitting someone to drive his vehicle without insurance and the OP for driving without insurance. Both of them appear in court and the 'old man' admits that he told the OP that he was insured but later realised that he didn't have open driving. Old man gets hammered with a big fine while the OP gets to make a donation to the court poor box, the judge applies the Probation Act and the OP avoids a conviction.

    If the OP alone is summonsed, his excuse won't really wash. The judge will have heard every excuse in the book and that one won't get much sympathy. One of them has to take a hit and if the owner is not summonsed, the OP will get a conviction and a big fine. You need a seriously good excuse to avoid a conviction for driving with no insurance.

    The variation in court districts is extremely broad in terms of what is “acceptable”.


  • Registered Users, Registered Users 2 Posts: 1,418 ✭✭✭Infernal Racket


    I tried talking to the guard, he took great pleasure in once again highlighting my bad driving, he specifically mentioned me being insured for that particular vehicle - i am not. I expect to be summonsed and go to court. I do not wish to attempt insurance fraud on top of the original offence. Its too bad there are cops out looking to up there tally of convictions on soft targets and are invisible when it comes to tackling hardened criminals. I accept my shortcomings and just hope the old man doesnt get into trouble also as he was a passenger.

    Tally up their convictions? You were driving without insurance whether you knew it or not. If you hit a pedestrian you'd be in a world of ****. Take your medicine, move on and learn from your mistake


  • Moderators, Business & Finance Moderators Posts: 17,760 Mod ✭✭✭✭Henry Ford III


    Never assume you are covered OP. You've made a pretty big error and will have to deal with the fallout.


  • Registered Users, Registered Users 2 Posts: 3,591 ✭✭✭Hoboo


    coylemj wrote: »
    We have all the facts we need. Even the OP admits he was not covered to drive the van. There is no conceivable way he was insured.

    You're suggesting that 'qualified legal advice' could come up with a solution?

    A solution? He never requested a solution. Nor did I suggest he would find one. Read the OP again.

    Case in point, more unqualified drivel for the thread.


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