Summons for no insurance

cork@1234

New Member
Messages
3
I need some suggestions regarding my situation:
I am on learnerDL, and bought a second hand car. Whie the ownership certificated was posted to be changed on my name and was in process of buying an insurance, I took the risk to drive a car without insurance. Unfortunately, gardai stopped me and impounded my car. After 2 hr of this incident, I bought the car insurance and visited garda station. My vehicle was released same day.
After a month I received fixed charge notice of€80 for : learner driver driving unacconpainied by full lisecence driver.
And after two months, I received court summons for no insurance and second for unable to produce after 10 days.
What shall I do in such case?
 

Ravima

Frequent Poster
Messages
2,460
What is 'in the process of buying insurance'? This can now be done instantly online.

As Brendan says, you need to consult a solicitor.

From insurance point of view, it is possible that your insurers will cancel policy from inception. You will need you solicitor to negotiate with them to minimise the consequences for you. If they cancel from inception or indeed at any stage, you MUST then tell any insurer you want insurance from, of the situation and this is serious.
 

cork@1234

New Member
Messages
3
@ Ravima
Thanks ravima for reply
Actually, i was inviting quoyations for three compnies ans was negotiation with them on friday afternoon. Sudenly my todller git hit against a rod and he got sone patch ..as pharmacy is nearby...i thougt of rushing to it to get an ointment..this is where i took a wrong deceison that led me to this trouble.. as i was caught outside my home...i came back and immediately purchesed insurance and produced at garda station.
 

Buddyboy

Frequent Poster
Messages
522
Also you do not have a "LearnerDL (Driving Licence)", you have a Learner Permit.

"To be clear: the learner driver is an unlicensed driver.
The learner holds a permit not a licence.
The permit sets out the basis upon which the learner is allowed to drive.
A learner driver, when unaccompanied, breaks the terms and conditions of that permit.
In addition the learner driver, when he or she drives unaccompanied, may be in breach of the terms and conditions of a motor policy, the contract with the insurance company.
By driving unaccompanied it is possible you have, or will have, misled an insurer.
The contract of insurance is unequivocal: you must adhere to the law.
Therefore you must at all times be accompanied and supervised."

So the insurance company can claim that you misled them by saying that you held a Driving Licence for the car, which you do not, and therefore are not insured.

As Brendan said, consult a solicitor.
 

DirectDevil

Frequent Poster
Messages
617
Any reccomendations for a good solicitor in cork city
Try this thread

Be very careful to get your terms of engagement clear before instructing any solicitor.
Shop around - get a few quotes for the work involved.
Get a Section 68 letter before instructing a solicitor - it sets out a brief summary of work required. You should ask specifically for an estimate to go with that.
 

noproblem

Frequent Poster
Messages
1,791
As others have said, go and talk to a solicitor. I would imagine you will be charged with driving without insurance and without a driving licence. Consider yourself very lucky you didn't have an accident while doing so. What happened when the Gárda stopped you, what have you been charged with and what did you say to the guard when stopped?
 

deco87

Frequent Poster
Messages
150
This is very black and white.
You have no insurance. You are being prosecuted for no insurance. You car was seized s41.road traffic act... Stands alone... Fine and storage fees if relevant.
Breach re. Accompanied driver a further offence with relevant penalties attaching to it..... Thank God you didn't cause an accident or injure anyone. Lucky..... You made an error of judgement....
Dubious if throwing a lot of money really solicitor is worth it
 
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