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Court date for no insurance.

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  • Moderators, Category Moderators, Politics Moderators, Recreation & Hobbies Moderators, Society & Culture Moderators, Regional East Moderators Posts: 12,108 CMod ✭✭✭✭Dizzyblonde


    Mod note:
    Silly Gilly this is a legal discussion forum where people give opinions, as per the charter:
    All comments on this forum are to be regarded as the personal views of the individuals posting. Nothing posted in this forum is to be construed as legally accurate.

    Your only two posts in this thread have attacked the opinion given by the same person in a very uncivil fashion, and have contributed nothing to the thread itself. Think very carefully and review your posting style before posting here again.


  • Registered Users Posts: 6,344 ✭✭✭Thoie


    OP, this is purely anecdotal (not legal advice), but when you did renew your insurance, was it backdated? A number of years ago I forgot to renew my insurance. In my case it was only out by about a week (I'd been out of the country), and when I called the insurance company they backdated the start to coincide with when it had lapsed, so it's worth checking what the start date of your new policy is - does it include the time and date you were stopped or not?

    Regardless, getting a solicitor is your best bet - they'll know the procedures, and know what questions to ask you.


  • Registered Users Posts: 25,345 ✭✭✭✭coylemj


    Thoie wrote: »
    OP, this is purely anecdotal (not legal advice), but when you did renew your insurance, was it backdated? A number of years ago I forgot to renew my insurance. In my case it was only out by about a week (I'd been out of the country), and when I called the insurance company they backdated the start to coincide with when it had lapsed, so it's worth checking what the start date of your new policy is - does it include the time and date you were stopped or not?

    That is literally an incredible story.

    No insurance company will backdate a motor policy. If your policy has lapsed and you renew it, the cert will show the exact date and time when you renewed it - often with 10 or 20 minutes added - just in case. You will not get it backdated by as much as one minute.

    You did say it's an 'anecdotal' story, then you represent it as something which happened to you :confused:


  • Registered Users Posts: 18,408 ✭✭✭✭kippy


    coylemj wrote: »
    That is literally an incredible story.

    No insurance company will backdate a motor policy. If your policy has lapsed and you renew it, the cert will show the exact date and time when you renewed it - often with 10 or 20 minutes added - just in case. You will not get it backdated by as much as one minute.

    You did say it's an 'anecdotal' story, then you represent it as something which happened to you :confused:

    Sounds like nonsense at worst, a misunderstanding at best alright.
    Why would an insurance company do this?


  • Registered Users Posts: 6,344 ✭✭✭Thoie


    coylemj wrote: »
    That is literally an incredible story.

    No insurance company will backdate a motor policy. If your policy has lapsed and you renew it, the cert will show the exact date and time when you renewed it - often with 10 or 20 minutes added - just in case. You will not get it backdated by as much as one minute.

    You did say it's an 'anecdotal' story, then you represent it as something which happened to you :confused:

    It did. I also found it strange. Let's say my insurance lapsed at 23:59 on the 22nd. I called them sometime on the 30th, saying I'd forgotten to renew, paid by credit card over the phone. They asked if I wanted to just roll over the previous policy, I said "sure", and when the new policy came out, it was from 00:01 (or whatever the usual start time is) on the 23rd. It was at least 4/5 years ago.

    I called it anecdotal, as it's something that happened to me, a random stranger on the internet, rather than something that I will be able to prove at this stage, so it's no better than hearsay to anyone reading this. I cannot point to any law, or insurance company policy saying "this definitely happens".


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  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    This has happened to me. I forgot to send the cheque for a few days and when they sent out the cert it was backdated.


  • Registered Users Posts: 25,345 ✭✭✭✭coylemj


    Thoie wrote: »
    It did. I also found it strange. Let's say my insurance lapsed at 23:59 on the 22nd. I called them sometime on the 30th, saying I'd forgotten to renew, paid by credit card over the phone. They asked if I wanted to just roll over the previous policy, I said "sure", and when the new policy came out, it was from 00:01 (or whatever the usual start time is) on the 23rd. It was at least 4/5 years ago.

    Fine, I accept that it happened. But, on both sides, it makes no sense....

    1. The insurance company is providing you with backdated cover, despite the fact that while your policy was lapsed, you could have knocked someone down causing them serious injury.

    2. Unless you had been stopped by the cops in the interim and needed to produce a cert., you effectively paid in arrears for a week's worth of insurance. Which was a waste of money. With no event giving rise to a claim, you should have asked for the policy to start on the day you renewed it.


  • Registered Users Posts: 8,377 ✭✭✭cml387


    coylemj wrote: »
    Fine, I accept that it happened. But, on both sides, it makes no sense....

    1. The insurance company is providing you with backdated cover, despite the fact that while your policy was lapsed, you could have knocked someone down causing them serious injury.

    2. Unless you had been stopped by the cops in the interim and needed to produce a cert., you effectively paid in arrears for a week's worth of insurance. Which was a waste of money. With no event giving rise to a claim, you should have asked for the policy to start on the day you renewed it.

    The point is, would the insurance company have been so accommodating had there indeed been a claim during the unpaid period?


  • Registered Users Posts: 93 ✭✭irishfire


    coylemj wrote:
    That is literally an incredible story.

    coylemj wrote:
    No insurance company will backdate a motor policy. If your policy has lapsed and you renew it, the cert will show the exact date and time when you renewed it - often with 10 or 20 minutes added - just in case. You will not get it backdated by as much as one minute.

    coylemj wrote:
    You did say it's an 'anecdotal' story, then you represent it as something which happened to you


    No expert on insurance but can confirm that on both private and commercial policies where vehicles were off the road/not in use and the renewal was passed by as much as 3 weeks, after a renewal over the phone, I've seen the new cert issued from the expiry of the old policy.

    I've only seen it first hand with Aviva, AXA and Wrightway, but presumed it was common. On a private policy Aviva have asked me to confirm the vehicle wasn't used on a public road since expiration before issuing the renewal though


  • Registered Users Posts: 902 ✭✭✭Cows Go µ


    Used to happen all the time when I worked in a broker. Some insurers didn't allow it but so long as it was confirmed at the the renewal was processed that there were no accidents/claims/convictions it was fine. Normally it was only a few days after renewal though


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  • Registered Users Posts: 25,345 ✭✭✭✭coylemj


    Cows Go µ wrote: »
    Used to happen all the time when I worked in a broker. Some insurers didn't allow it but so long as it was confirmed at the the renewal was processed that there were no accidents/claims/convictions it was fine. Normally it was only a few days after renewal though
    irishfire wrote: »
    I've only seen it first hand with Aviva, AXA and Wrightway, but presumed it was common. On a private policy Aviva have asked me to confirm the vehicle wasn't used on a public road since expiration before issuing the renewal though

    Why would you pay for the period since the policy lapsed? You can’t claim, even if something did happen in the interim. Because (under the principle of ‘full disclosure’) you’d be obliged to tell them about the incident and then they’d refuse to backdate the cover.

    You’re paying a premium for the period the policy had expired and getting nothing in return. Is this to keep the auditors happy?


  • Registered Users Posts: 2,942 ✭✭✭Eggs For Dinner


    Brokers are usually provided with the annual certs and discs for all their upcoming renewals. Most have a months credit, which means (for e.g.) at the end of November, they will pay insurers with one payment for everyone who renewed in October and return the certs & discs for those that didn't.

    Therefore, it is technically possible for an insurer to accept payment from a client in mid-November for a policy due in early October and let out the original cert. This would be a breach of the broker's agency agreement and a highly risky exercise. If a claim comes subsequently comes in or if Gardai make general enquiries, the insurer can seek proof of when the client paid the broker. This could have significant financial difficulty for the broker if anything is amiss. I'm not saying it hasn't happened, but the risk is huge


  • Registered Users Posts: 902 ✭✭✭Cows Go µ


    coylemj wrote: »
    Why would you pay for the period since the policy lapsed? You can’t claim, even if something did happen in the interim. Because (under the principle of ‘full disclosure’) you’d be obliged to tell them about the incident and then they’d refuse to backdate the cover.

    You’re paying a premium for the period the policy had expired and getting nothing in return. Is this to keep the auditors happy?

    Generally because the new business price is significantly higher. Quite common if the car is older so not every insurer will cover it


  • Registered Users Posts: 902 ✭✭✭Cows Go µ


    Brokers are usually provided with the annual certs and discs for all their upcoming renewals. Most have a months credit, which means (for e.g.) at the end of November, they will pay insurers with one payment for everyone who renewed in October and return the certs & discs for those that didn't.

    Therefore, it is technically possible for an insurer to accept payment from a client in mid-November for a policy due in early October and let out the original cert. This would be a breach of the broker's agency agreement and a highly risky exercise. If a claim comes subsequently comes in or if Gardai make general enquiries, the insurer can seek proof of when the client paid the broker. This could have significant financial difficulty for the broker if anything is amiss. I'm not saying it hasn't happened, but the risk is huge

    I agree. It never sat well with me when it was done. We didn't normally get certs though - only if it was a commercial vehicle (and then not always) or if it was a weird private car policy (or there was something strange about it that meant it couldn't be set up on the system as normal). The vast majority of policies were on the system so the insurance company specifically agreed to allow the policy to renew after the renewal date.


  • Registered Users Posts: 8 webs95


    Just an update to inform whoever might be in the same boat as I was, don't panic, get a solicitor, and everything is going to be fine, I got a couple of hundred euro fine is all and my insurance premium went up a bit (it'll go back down eventually...) which is totally understandable. Moral of the story is, do not drive without insurance. ever.

    Reading the replies I almost thought I was gonna be locked up with murderers on a death sentence... the thread was clearly full of perfect human beings that never ever made a single mistake in their lives :) (the perfect humans, I'm sure they obey all the rules of the road at all times, none of those people let their kids practise parking on their own before their driving exam, they always get a chance to bring the car to the mechanic on time for the NCT, never ever forgot to renew their tax and definitely never went over the speed limit even by 5km/h by accident before, they always use their indicator and every morning they make sure their tyre tread depth is absolutely spot on! they never double park to drop the kids off to school either!


    If you have no previous convictions made an honest mistake and show that you care you will be fine. If you have other convictions it's probably a whole different story.


  • Registered Users Posts: 14,350 ✭✭✭✭callaway92


    webs95 wrote: »

    Reading the replies I almost thought I was gonna be locked up with murderers on a death sentence... the thread was clearly full of perfect human beings that never ever made a single mistake in their lives :)

    What a bizarre part of the post.

    This hyperbole wasn’t needed - Pretty much everyone (with good or poor takes on things) were trying to help you and I can’t remember any post exaggerating to the extent that you mentioned there.

    People wanted to get the full picture etc to help properly, hence some tough questions etc.


  • Registered Users Posts: 6,368 ✭✭✭iwillhtfu


    :D

    25bf959af219747fa5bcb10338836eef.jpeg


  • Registered Users Posts: 66 ✭✭Chickennuggets


    webs95 wrote: »
    Just an update to inform whoever might be in the same boat as I was, don't panic, get a solicitor, and everything is going to be fine, I got a couple of hundred euro fine is all and my insurance premium went up a bit (it'll go back down eventually...) which is totally understandable. Moral of the story is, do not drive without insurance. ever.

    Reading the replies I almost thought I was gonna be locked up with murderers on a death sentence... the thread was clearly full of perfect human beings that never ever made a single mistake in their lives :) (the perfect humans, I'm sure they obey all the rules of the road at all times, none of those people let their kids practise parking on their own before their driving exam, they always get a chance to bring the car to the mechanic on time for the NCT, never ever forgot to renew their tax and definitely never went over the speed limit even by 5km/h by accident before, they always use their indicator and every morning they make sure their tyre tread depth is absolutely spot on! they never double park to drop the kids off to school either!


    If you have no previous convictions made an honest mistake and show that you care you will be fine. If you have other convictions it's probably a whole different story.

    Hi webs95.

    Im currently in the same suitation, in short let a friend of mine drive my car. He got stopped for speeding and guard asked him to prove insurance within 10 days in the station. Having looked at his policy he wasn't insured to drive my car. So guard told me im getting done for giving consent for allowing my car being driven uninsured. Same charge as driving uninsured. Its been 5 months and ive heard nothing. Its doing my head in everyday and just want to get it done and over with. Ive a thread made on it in the motors thread. Can i pm you and ask a few questions on the process of the summons etc? Thanks


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