# No Insurance at guarda checkpoint, how screwed am I?



## Jogal85 (9 Jul 2018)

So I was driving my late fathers car. Last week I got it changed to my own name, from a taxi to a private vehicle. I tried to insure it last week but they needed proof of change which i wont have until tomorrow. It has tax and NCT. I will be getting insurance tomorrow.

Tonight I got caught at a checkpoint, Murphy's law, and they told me to bring the cert in within 10 days. Obviously the insurance is going to be dated a day late. 

What am I looking at? Should I fess up immediately or hope they just miss the date on it?


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## PaddyBloggit (9 Jul 2018)

Jogal85 said:


> What am I looking at? Should I fess up immediately or hope they just miss the date on it?



 You drove an uninsured car. You've only insured it from tomorrow. Guard will see that when you produce your cert. What possessed you to drive it, knowing that you weren't covered until tomorrow?


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## Jogal85 (9 Jul 2018)

Something came up that i needed to go to town for and it couldn't wait. Unfortunatley I made a rash and stupid decision.


The best part on all of this is I'm currently trying to get an apprenticeship in insurance which this will kill obviously. Man this is going to be an expensive mistake.


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## dub_nerd (9 Jul 2018)

Look on the bright side. You didn't kill or injure anyone and leave them without compensation or with a huge bill foisted on the taxpayer.


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## mathepac (9 Jul 2018)

http://www.citizensinformation.ie/e.../motor_tax_and_insurance/motor_insurance.html

"You must have motor insurance to drive a car in your own name or as a named driver on someone else's policy.

Failure to have motor insurance or driving without insurance in Ireland is generally punishable by:


A fine of up to €5,000
5 penalty points and
At the discretion of the court, a term of imprisonment not exceeding six months.
The court may decide that you be disqualified from driving instead of incurring penalty points. In that case, you will be disqualified for 2 years or more for a first offence and 4 years or more in the case of a second offence committed within 3 years of the first."


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## Palerider (9 Jul 2018)

They will hit miss the date, find the Garda that stopped you and tell them straight, time to hold your hands up.


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## noproblem (9 Jul 2018)

dub_nerd said:


> Look on the bright side. You didn't kill or injure anyone and leave them without compensation or with a huge bill foisted on the taxpayer.


That's what's known as a bit of luck and nothing else, a bit like a driver who drinks and drives but isn't caught.  As Palerider says, own up, tell them your story, bring along something to back it all up and your reason for going to town on that awfully urgent message. You never know, you might encounter more luck but you've learned a very expensive lesson.


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## TheBigShort (9 Jul 2018)

Yep, id tell it just as you have done here. If you are charged get a reputable solicitor. 
If you have no previous convictions, particularly for driving offences, a good solicitor should be able to limit the penalty to a fine/penalty points given the circumstances as you have outlined. Despite the nature of the offence, the court will take a lot into consideration

1) you are insured now
2) no-one was injured
3) guilty plea
4) your career prospects
5) first offence (if that is the case)
6) existing penalty points
and the trump card
7) 'of good character'!


€500 fine - tops! 

Admittedly, that is just my opinion.


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## T McGibney (9 Jul 2018)

Jogal85 said:


> So I was driving my late fathers car. Last week I got it changed to my own name, from a taxi to a private vehicle. I tried to insure it last week but they needed proof of change which i wont have until tomorrow. It has tax and NCT. I will be getting insurance tomorrow.
> 
> Tonight I got caught at a checkpoint, Murphy's law, and they told me to bring the cert in within 10 days. Obviously the insurance is going to be dated a day late.
> 
> What am I looking at? Should I fess up immediately or hope they just miss the date on it?



Get legal advice. Now.


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## Jogal85 (9 Jul 2018)

Will do, gona meet with a solicitor this week. Have to get my license posted out too as i can't find tge bloody thing. Had a picture of it last night and he said that was grand just bring the card into station with me but of course i can't find it.

Insured now anyway, not that'll mean much for last night.

Sit in license place tomorrow and wait for a cancellation.

Solicitor on thurs.

Is it 10 working days or 10 days does anyone know off hand?


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## noproblem (9 Jul 2018)

I see you said you had tried to get insurance but can you show a paper trail that you had already applied and tried to fill out form for insurance on or before the day you were caught and not just applied for it after you were caught? This would have a big bearing on the outcome.


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## Jogal85 (9 Jul 2018)

noproblem said:


> I see you said you had tried to get insurance but can you show a paper trail that you had already applied and tried to fill out form for insurance on or before the day you were caught and not just applied for it after you were caught? This would have a big bearing on the outcome.



Most I can show is a phone log of the call to the insurance company on the friday, and the email i sent today with the required info and thank you reply from the company.

Also I'm sure i can get a paper transcript of the phone call also from the insurance company through the data protection means if it would actually make a difference.

 But tbf to everyone, all that will show is that they told me i need to supply x before they can insure me and me supplying it a day after i was caught driving.


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## vandriver (9 Jul 2018)

Is it correctly taxed as a private vehicle?


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## Jogal85 (9 Jul 2018)

vandriver said:


> Is it correctly taxed as a private vehicle?


Yip. Since last week


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## mathepac (9 Jul 2018)

Have you told the insurance company you've a possible prosecution pending for being caught driving with no insurance?


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## Jogal85 (9 Jul 2018)

Deleted


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## noproblem (9 Jul 2018)

Jogal85 said:


> Deleted





mathepac said:


> Have you told the insurance company you've a possible prosecution pending for being caught driving with no insurance?


In fairness, he hasn't been prosecuted yet and I doubt there's any question on the insurance form asking if he's awaiting the possibility of a court case.


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## iamaspinner (9 Jul 2018)

You said it was your late father's car. Do you have your own car (and insurance for it of course) or are you a named driver in someone else's policy by any chance? I have third party cover if I drive a car other than my own.


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## dub_nerd (10 Jul 2018)

noproblem said:


> In fairness, he hasn't been prosecuted yet and I doubt there's any question on the insurance form asking if he's awaiting the possibility of a court case.


The insurance form *always* asks, or notes separately under Assumptions, that "_You or any named driver(s) have not been convicted of any criminal offence or do not have any prosecution pending_". Even if this happens after obtaining the policy, if anything actually happens while insured you're obliged to make a material disclosure to your insurance company or risk "_cancellation of policy, non-payment of claims, or difficulty obtaining insurance elsewhere_".
The OP may not be out of the woods even if he gets off lightly in court. If he has to go to court at all to face a charge, he has to tell his insurance company. I'm not sure if his current situation counts as a "pending prosecution" -- he hasn't been told he'll be prosecuted.


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## Jim2007 (10 Jul 2018)

noproblem said:


> In fairness, he hasn't been prosecuted yet and I doubt there's any question on the insurance form asking if he's awaiting the possibility of a court case.



Actually there is and because he failed to disclose such information, most likely the policy is invalid in any case.  Being caught without insurance is one thing, telling them you'll deliver the certificate to the station and then trying to get insurance after the fact, while failing to disclose a pending prosecution... this is not looking at all good.  Legal advice PDQ would seem to be the order of the day.


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## noproblem (10 Jul 2018)

Jim2007 said:


> Actually there is and because he failed to disclose such information, most likely the policy is invalid in any case.  Being caught without insurance is one thing, telling them you'll deliver the certificate to the station and then trying to get insurance after the fact, while failing to disclose a pending prosecution... this is not looking at all good.  Legal advice PDQ would seem to be the order of the day.


There is no prosecution pending unless you have other detail that the rest of us don't.


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## cork@1234 (13 Nov 2019)

Can u plz update on the courts proceeding?


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## Sunny (13 Nov 2019)

cork@1234 said:


> Can u plz update on the courts proceeding?



It was in the papers. He hired Frank Murphy (Cork GAA Parish) who managed to find a loophole in the legislation. Apparently, there is no law that you must have insurance, only that you intend to get insurance so once you say 'I was going to get it tomorrow', you will be fine.....


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## cremeegg (13 Nov 2019)

Sunny said:


> It was in the papers. He hired Frank Murphy (Cork GAA Parish) who managed to find a loophole in the legislation. Apparently, there is no law that you must have insurance, only that you intend to get insurance so once you say 'I was going to get it tomorrow', you will be fine.....



Is this real? Have you a link to the press report


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## cork@1234 (13 Nov 2019)

Please share the court proceedonh


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## Sunny (13 Nov 2019)

cork@1234 said:


> Please share the court proceedonh



Sorry, actually just looked at it again. Only applies to drivers based in Tipperary, Kerry and Clare..... Presume you are based in Cork??


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## cork@1234 (13 Nov 2019)

Yes in cork


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## Odnghkl (7 Feb 2020)

I am in Kerry,  does anyone have any further information on this loophole?  I had insurance with the AA which advertises you are fully
Insured to drive all
Cars but upon checking after being stopped I was told I had a budget policy!!!  Yes it’s my fault for not reading the small print but I believed their advertising.  Now im
At risk of losing my job,  kids not being able to get to school and just an awful life in Ireland without a means to get anywhere.  Looking for some hope


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## Itchy (8 Feb 2020)

Road Traffic Act, 1961, Section 56
					

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.



					www.irishstatutebook.ie


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