impounded car and insurance issues

bonzodog2

a friend was pulled over by the guards recently driving someone else's car that she'd borrowed
and temporarily changed her insurance over to.

the car had no tax or nct, and her insurance company had not provided a cert/disc as it was a temporary transfer

the guards took the car off her and away to the pound in liosban

at first they wanted for the car to be taxed or put on a trailer before releasing it, but eventually
they let her drive it out, at a cost of 230 euro

while on the phone to her insurance company to confirm cover, the company were saying at one time, that her cover was invalid
for a car with no tax

so here's my questions:
[1] can an insurance co deny coverage on the basis of no tax ?

[2] how long if at all have guards been entitled to impound for no tax ?

[3] i seem to remember talk of there being some EU law/directive/whatevva to the effect that an
insurance company was not allowed to wiggle out of their responsibility to cover 3rd party risks,
(assuming the driver had a policy,license,not disqualified). Anybody else remember anything like this
and know which bit of law defines it ?

Seth Brundle

bonzodog2 wrote: »

a friend was pulled over by the guards recently driving someone else's car that she'd borrowed
and temporarily changed her insurance over to.

the car had no tax or nct, and her insurance company had not provided a cert/disc as it was a temporary transfer

the guards took the car off her and away to the pound in liosban

at first they wanted for the car to be taxed or put on a trailer before releasing it, but eventually
they let her drive it out, at a cost of 230 euro

thems the rules that we all have to play by!

bonzodog2 wrote: »

while on the phone to her insurance company to confirm cover, the company were saying at one time, that her cover was invalid
for a car with no tax

It doesn't sound right but we can't see her policy. However, it might stipulate that the car be road legal!
She would need to read her policy document.

bonzodog2 wrote: »

so here's my questions:
[1] can an insurance co deny coverage on the basis of no tax ?

as above

bonzodog2 wrote: »

[2] how long if at all have guards been entitled to impound for no tax ?

since whenever! What does it matter - they can take it!

bonzodog2 wrote: »

[3] i seem to remember talk of there being some EU law/directive/whatevva to the effect that an
insurance company was not allowed to wiggle out of their responsibility to cover 3rd party risks,
(assuming the driver had a policy,license,not disqualified). Anybody else remember anything like this
and know which bit of law defines it ?

An EU directive means nothing unless it is interpreted into Irish law! It would be the Irish law that would be the one to follow up on!
However, I don't know the answer.

CharlieCroker

Insurance states that the car must be road worth and legal but i'd double check the small print.

The power to sieze the car is Section 41 of the Road Traffic Act 1994.
This allows Gardai to sieze a car that is uninsured, reasonable grounds to believe that a car is uninsured or if its road tax has been out of date for over 2 months.

Mr Benevolent

at first they wanted for the car to be taxed or put on a trailer before releasing it, but eventually they let her drive it out, at a cost of 230 euro

That's insane. They let her drive away in an untaxed and possibly unsafe car? OP, I'm not sure if you're aware of this, but you friend was way outside the law on this one. I take it she's not going to bother taxing or NCTing it anyway? If she's still driving it I'd suggest posting her reg up here so she can be reported and/or avoiding.

What a lovely tale of ignorance, stupidity and laziness.

bonzodog2

The car in question is safer than many, although not NCT certified. The person it was borrowed from had some problems getting documents when he acquired the vehicle. Its now not being driven

robtri

bonzodog2 wrote: »

The car in question is safer than many, although not NCT certified. The person it was borrowed from had some problems getting documents when he acquired the vehicle. Its now not being driven

The car was NOT road worthy.... and shouldn't be on the road.

Also as the driver of the car, your friend is also liable for prosecution, whether she owns it or not.

SV

I was stopped driving a car with no tax or nct(and apparently no insurance).

Apparently my insurance only covered me if the car was in a road worthy condition.. This went to court.

I won. Suprise suprise..