# Issue of uninsured vehicles parking at Apt Block



## giltedge (7 Oct 2013)

Has a Management Company any right to follow people who do not have uptodate insurance on their vehicles. These people would be resident in the block.  Are there implications for the Block Insurance??


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## STEINER (7 Oct 2013)

I have thought about that where I live, it annoys me to see a significant level of non-compliance re insurance, but also the lesser evils of no tax/nct.  I presume you mean follow up on rather than actually follow them.

I don't see how it involves the Management Company or Agent.  It wouldn't be a condition of a lease that a vehicle has to be insured?  If they pay their annual fee then they can park the vehicle.  

I don't know what the situation would be if an uninsured vehicle was involved in an accident in a private underground or gated car-park, as to the implications for Block Insurance.  I would like to know.


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## Time (7 Oct 2013)

For starters no criminal offence is being committed as it is a private area so the Gardaí would have no interest.

The injured body could still of course sue the owner but the chances of getting paid could be very low indeed.


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## mathepac (7 Oct 2013)

A smart lawyer would surely sue the driver, the vehicle owner (if different to driver) and the property owner on behalf of his client.

Can the Management Company ask vehicle owners to indemnify them against injury / damage claims and asking to see vehicle insurance certificates, etc. on an annual basis? Owners that cannot provide the indemnity / insurance details are barred from using the property.

What happens if an uninsured car damages another car or some of the infrastructure or common areas?


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## Time (7 Oct 2013)

They sue the owner.


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## giltedge (7 Oct 2013)

There would be no point in suing the owner of the vehicle so could they then sue the Management Company


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## STEINER (7 Oct 2013)

giltedge said:


> There would be no point in suing the owner of the vehicle so could they then sue the Management Company



Is the MC actually liable though?


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## peteb (7 Oct 2013)

mathepac said:


> A smart lawyer would surely sue the driver, the vehicle owner (if different to driver) and the property owner on behalf of his client.
> 
> Can the Management Company ask vehicle owners to indemnify them against injury / damage claims and asking to see vehicle insurance certificates, etc. on an annual basis? Owners that cannot provide the indemnity / insurance details are barred from using the property.
> 
> What happens if an uninsured car damages another car or some of the infrastructure or common areas?


 
Depending on the nature of the complex in terms of gating and access, and the signs visible on entering an apartment carpark may not be considered a public place under the Road Traffic Act and therefore insurance not required/compulsory!


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## Seagull (7 Oct 2013)

Time said:


> For starters no criminal offence is being committed as it is a private area so the Gardaí would have no interest.
> 
> The injured body could still of course sue the owner but the chances of getting paid could be very low indeed.


 
It's not necessarily a private area. It depends on the nature of the parking. If it's underground parking, or a gated estate, it's private. If it's surface parking that anyone can access, it's public. In that case, it's a matter for the gardai.


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## giltedge (7 Oct 2013)

This Block is not gated and there is a sign stating 'Private Parking'. I will check out the Road Traffic Act


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## amtc (7 Oct 2013)

Where I live which is a private complex but not gated, there has been a car parked in the same spot for a few months, with its certificate of insurance on the windscreen, but the insurance is out of date. I've been wondering why.


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## Luternau (7 Oct 2013)

giltedge said:


> This Block is not gated and there is a sign stating 'Private Parking'. I will check out the Road Traffic Act



Do you have open parking or dedicated parking spaces per apt and marked visitor parking, perhaps with a permit system?

If it's the former and no permit system in place, the uninsured cars could be non-residents, parking there because it's not the public highway. Apts with open parking have also been used to 'hide' or 'store' stolen cars with fake plates on them.

Apart from that, whether a car is insured/taxed or not is not something that the management co has a say in.


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## peteb (7 Oct 2013)

giltedge said:


> This Block is not gated and there is a sign stating 'Private Parking'. I will check out the Road Traffic Act



Thats a public place under road traffic act!


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## Seagull (8 Oct 2013)

Do these vehicles appear to be abandoned, or are they driving around with no insurance? If they appear to be abandoned, it's probably worth contacting the management agent.


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## peteb (8 Oct 2013)

they won't be considered abandoned unless there is no registration plates on them and no way of contacting the owner.


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## Vanessa (26 Oct 2013)

It's common in the UK that a lease stipulates vehicles with out of date tax discs can be removed by the Management Company. This is meant to stop abandoning of cars etc. I haven't seen it in Ireland though


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