car crash - convicition?

chris85

micmclo wrote: »

AFAIK, a percentage of every motor policy goes to fund the MIBI. So in effect, the law abiding motorists are covering the feckless uninsured drivers.
If the MIBI cover the costs and compensation here, does the OP get away with just a fine and a ban.
As an example, if the OP has written off his friends car worth 20k, then it will be the MIBI (paid for most motorists) who cover the costs and the OP only pays a €450 excess for his friend??
WTF? :mad:
I hope the MIBI come after the OP to recover the costs. Otherwise this is "the many subsidizing the few"

Think they will still come after the uninsured driver. But they may not. They are funded from our premiums, i think it is a contribution of 1% or something.

Edit: And technically the E450 is paid by the victim (the friend) but I presume the OP will cover this or I think he wont be friends with the guy anymore.

How does it work when to op's friend already had crashed before the op arrived at the accident ?

Think MIBI will cover the cost of repairs for the damage caused by OP afaik. The friend will also be liable to repair the car he hit but his insurance will sort that.

--amadeus--

You'd need to check the small print but I think the "driving another car" thing is void if you are on a provisional. Also the OP should have had a qualified driver with him shouldn't he? By not having one with him he probably gave the insurers wriggle room anyway.

Everyone makes mistakes and you are unfortunate that you are going to pay a fairly hefty price for an error of judgement. That said it was a premeditated error, you planned to drive teh car un-insured and so were deliberatley taking a gamble and teh probability of a disaster increased with teh bad weather. Why couldn't you just put a deposit on the car and collect it on Monday?

Anyway, I empathise with you, your mistake will hurt, but it could be a lot worse .

Orange69

Sucks to be you matey!

What kind of car were you driving?
What type was your friends car?

steeo

--amadeus-- wrote: »

You'd need to check the small print but I think the "driving another car" thing is void if you are on a provisional.

I thought this as soon as i read it that you need to have a full license to have "the driving of other cars" on your policy other than that it would be like "giving a baby a gun"

miju

jhegarty wrote: »

How does it work when to op's friend already had crashed before the op arrived at the accident ?

providing the OPs firend rear ended another car, then OPs friend would be liable for that.

DonJose

What kind of provisional license where you driving on. If its one where you cannot drive unaccompanied then you could also be charged with driving without a license.

Our man in Havana

micmclo wrote: »

AFAIK, a percentage of every motor policy goes to fund the MIBI. So in effect, the law abiding motorists are covering the feckless uninsured drivers.
If the MIBI cover the costs and compensation here, does the OP get away with just a fine and a ban.
As an example, if the OP has written off his friends car worth 20k, then it will be the MIBI (paid for most motorists) who cover the costs and the OP only pays a €450 excess for his friend??
WTF? :mad:
I hope the MIBI come after the OP to recover the costs. Otherwise this is "the many subsidizing the few"

MIB gets 2% of our premiums.

Now the MIBI are absolutely relentless in their pursuit of uninsured drivers. They will seek to recover what they paid out to the injured parties. They will pursue you for 12 years. They can get garnishee orders so they will take money from your wages to cover their losses. You only have to go to your local district court to see the MIBI lawyers in action.

maidhc

Bond-007 wrote: »

MIB gets 2% of our premiums.

Now the MIBI are absolutely relentless in their pursuit of uninsured drivers. They will seek to recover what they paid out to the injured parties. They will pursue you for 12 years. They can get garnishee orders so they will take money from your wages to cover their losses. You only have to go to your local district court to see the MIBI lawyers in action.

Is it 12? I thought it was just the normal limitation period of 6yrs

MrPudding

chris85 wrote: »

OP may be able to get around this as no documented change of ownership as the log book has not been sent in yet I presume. I could be wrong.

Yeah, why the fcuk not, add a bit of fraud to the proceedings.....?

MrP

--amadeus--

Trying to pull a fast one on ownership will only make things worse. For a start the OP spoke to the Guards at the scene so will have (presumably) said that he owns the car then. A sudden change of mind won't look to suspect will it!

They really could throw the book if they wanted - depending on circumstances there is driving without a licence, driving without insurance, driving without due care and attention / dangerous driving... A swift admission of fault will go a long way to minimising what they do.

It may come as a shock but the Guards can be human about stuff like this. Someone I know was a moron and got bladdered and tried to drive home. He lost it at speed on a bend and went sideways into a wall (not wearing a seatbelt). How he survived is nothing short of miraculous but he was in intensive care for weeks. He went back home to England after he was released from hospital and we lost touch but he was a young golf pro and I am pretty sure that his injuries put paid to his chances of making a decent living from the game.

The Guards could have taken him through the system for drunk / dangerous driving but let him off. Thier reasoning was that he only hurt himself and he was already being punished.

If the OP comes clean about teh circumstances, shows genuine remorse, makes it clear its a lesson learned and stresses that he'll be out of pocket for repairs to his own car and his friends then they *may* be lenient.

Henry Ford III

I think the offence here is sufficiently serious that discretion shouldn't even come into it.

maidhc

Henry Ford III wrote: »

I think the offence here is sufficiently serious that discretion shouldn't even come into it.

The judge doesn't have discretion, but sometimes the gardaí will give someone the hop of the ball.

dlofnep

Just speaking to my insurance broker at the mo - I do have fully comp with them, so they are going to look into it and ring me back.

jhegarty wrote: »

How does it work when to op's friend already had crashed before the op arrived at the accident ?

We were both driving back together. The first lady was indicating to turn into a petrol station, the second lady tried to swerve inside to get past but there wasnt enough space so she braked hard.. My friend was behind her and braked hard but hit into her as the roads were way slippy... I was behind my friend saw him slam on the brakes and hit so I slammed on mine and skated into the back of his car. The first 3 cars had already colided before I hit into anyone.

I'll have to go speak to a solicitor for advice. I guess this all depends on my insurance policy..

lisajane

If the roads were slippy, why didn't you drive slower? I don't feel sorry for ignorant drivers.

--amadeus--

No offence but you keep going on about the roads being slippy. That is irrelevant - you can come to a complete stop on any surface if you have enough time and space. The fact you didn't means that you didn't leave enough space to the car in front. It sounds like you were driving in traffic and the car behind you didn't hit you so must have been able to stop.

Good luck with the insurance company though - let us know how it pans out. If they accept liability it'll go some way to restoring my faith in them...

You didn't say the type of car or the extent of the damage?

Our man in Havana

maidhc wrote: »

Is it 12? I thought it was just the normal limitation period of 6yrs

6 years to get a judgement and 12 to enforce it.

chris85

This is definitly a lesson to all I think that no insurance will land you in a lot of ****e!!

Hope your friend gets sorted, i know he crashed because he didnt leave a gap but he had insurance and these things happen and its why we have insurance. Hope MIBI will look after him for the damage the OP done and his insurance will look after the other car the friend hit.

Savman

Sorry but the OP was driving uninsured and crashed, how worse could it be? I never take the moral high ground but in this case I have to make an exception.

A minor crash can sometimes be the best thing to happen to you, considering you walk away from it unscathed. Now that your only worry is financial then you were very lucky indeed. A bit of time off the road might not be as bad as it seems.

1 car braking shouldn't really cause a 4 car pile up. Sounds awfully like tailgating + late reaction. At least that's what an insurance company might ponder.

chris85

Savman wrote: »

Sorry but the OP was driving uninsured and crashed, how worse could it be? I never take the moral high ground but in this case I have to make an exception.

A minor crash can sometimes be the best thing to happen to you, considering you walk away from it unscathed. Now that your only worry is financial then you were very lucky indeed. A bit of time off the road might not be as bad as it seems.

1 car braking shouldn't really cause a 4 car pile up. Sounds awfully like tailgating + late reaction. At least that's what an insurance company might ponder.

Agree and the OP will learn a serious lesson. But it could have been worse as no one is seriously injured. They are all alive and well and should be thankful for this

Hope the OP gets what he deserves but glad no one got hurt.

johnny_adidas

funny how someone without 2 pennies to rub together goes off to buy a newer car. sad state of how things are.
be interested to see how things go with the solicitor. i know from past experience its very hard to take in the first few days when something you thought would be ok to do at the time comes back to bite you so badly, you will get over it but it will be a tough and very costly lesson for you to learn.

chris85

Just saw the OP's post in another thread on here which is worth a look at. Post was only last week.

http://www.boards.ie/vbulletin/showthread.php?t=2055226088&page=5

Funny to read that post and now you are in this situation.

stifz

A lesson learned mate..

It's lucky for you that it was your friend you rear ended. If you hit me without insurance I'd hang you out to dry. There's absolutely NO EXCUSE for having no insurance.

It only takes a phone call.

But sure these are the lessons of driving and I'm sure you'll leave enough space next time. At least no one was hurt. Get a loan pay your mate and move on.

DamoDLK

A sympathic Judge may be just what you need! I take it you have already informed your family Solicitor of the situation. it's essential that at this point that you know that MIBI more than likely will be in a position to indemnify the other parties damage, loss or injury. I recommend you instruct your solicitor to liaise with the bureau.
There is NO hard and fast rule in the District Court on these matters despite what most threads have claimed. The penalities have ranged from in one particular jurisdiction a €600 fine to the court 'poor' box - to disqualification for two years in another. matters of a personal nature are relevant too i.e. previous convictions etc...The discretion lies with the trial judge. I think you have already learned a valuable lesson.

DamoDLK

maidhc wrote: »

The judge doesn't have discretion, but sometimes the gardaí will give someone the hop of the ball.

The only person with any discretion in these cases is infact the trial judge.

chris85

DamoDLK wrote: »

A sympathic Judge may be just what you need! I take it you have already informed your family Solicitor of the situation. it's essential that at this point that you know that MIBI more than likely will be in a position to indemnify the other parties damage, loss or injury. I recommend you instruct your solicitor to liaise with the bureau.
There is NO hard and fast rule in the District Court on these matters despite what most threads have claimed. The penalities have ranged from in one particular jurisdiction a €600 fine to the court 'poor' box - to disqualification for two years in another. matters of a personal nature are relevant too i.e. previous convictions etc...The discretion lies with the trial judge. I think you have already learned a valuable lesson.

I think the OP deserves more than €600 donation fine and would think he will get at least a year ban and hefty fine.

Just because he learnt a lesson does not mean he does not need to be punished. He got into a car knowingly uninsured and drove a couple of hundred miles or so and was involved in a crash. What else does he need to do to get disqualified?

DamoDLK

I always agree that if a person commits an unlawful act that they ought to be punished for it. Again, the parties previous convictions are considered, the court will take into account any public order (if any) offences etc, I think we will find out in due course that the chap will be punished for it. My above thread was a mere attempt to relax him insofar as he does not know nor does anyone here know what will be his punishment. He sought constructive advice, which i endeavoured to do, not criticism.

miju

while we do not know the ultimate outcome, we do know the mandatory punishments for driving without insurance etc which has already been stated on the thread.

chris85

DamoDLK wrote: »

I always agree that if a person commits an unlawful act that they ought to be punished for it. Again, the parties previous convictions are considered, the court will take into account any public order (if any) offences etc, I think we will find out in due course that the chap will be punished for it. My above thread was a mere attempt to relax him insofar as he does not know nor does anyone here know what will be his punishment. He sought constructive advice, which i endeavoured to do, not criticism.

Fair enough, but I'm trying to be realistic to the OP. I cant see any way he will get away from the disqualification due to the crash.

DamoDLK

Ok, i was in a District Court sitting last October/November in Dublin, the defendant was from Blackrock (DUB), he was the driver of a 07 executive level car, he struck and injured a cyclist, and received the court poor box - the applicant rightfully recieved compensation for his injuries. however the driver did not get banned...

Sorry i failed to mention that the defendant in this instance was infact insured...

chris85

DamoDLK wrote: »

Ok, i was in a District Court sitting last October/November in Dublin, the defendant was from Blackrock (DUB), he was the driver of a 07 executive level car, he struck and injured a cyclist, and received the court poor box - the applicant rightfully recieved compensation for his injuries. however the driver did not get banned...

Fair enough but very unusual. Something weird bout that though, He should have been banned as from what you say there was no other circumstances that warrant him getting away with his licence other than he paid a good chunk of money and money should not be a factor. But these things happen I suppose.