No Insurance at guarda checkpoint, how screwed am I?

J

Jogal85

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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?
 
Jogal85 said:
What am I looking at? Should I fess up immediately or hope they just miss the date on it?
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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?
 
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.
 
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.
 
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."
 
They will hit miss the date, find the Garda that stopped you and tell them straight, time to hold your hands up.
 
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.
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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.
 
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.
 
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?
Click to expand...

Get legal advice. Now.
 
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?
 
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.
 
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.
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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.
 
Have you told the insurance company you've a possible prosecution pending for being caught driving with no insurance?
 
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.
 
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.
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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.
 
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.
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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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