Accident with Learner Permit.....

albertonman

Today I had an accident on the drumcondra road, dublin with my provisional license with no full license driver beside me.

To make things worse is that I crashed into the back of an aircoach, not really any major damage done to the bus and the driver is fine aswell so is the passengers, but my car (fiat punto) had to be scrapped off.

The gardai came forward and asked me a few questions and said that a summonce will be send out to me to go to court, I have 3rd party insurance and I am not claiming anything from my insurance, so.......

Now my question is..... what will happen to me?

Henry Ford III

You could get a big fine and a wodge of penalty points.

TwoShedsJackson

Your insurance will pay out for whatever damage you did to the coach, your premium will go up.

As for the summons, presumably the guard is doing you for driving without a licenced driver with you, it's a €1000 fine I think.

Drummerboy08

Done for driving without a full licence holder, possibly no L plates, maybe careless driving?

You'll only be punished for one though. I think.

TheNog

Did the Guard say what the summons is for?

I know you were driving unaccompanied but is there anything else?

R.O.R

And perhaps you'll learn not to attempt driving by yourself.

€1,000 fine for driving alone isn't it? Another €1,000 for not having L-Plates if they weren't up.

Not to mention the fact your insurance will sky rocket after Air Coach have claimed. That's if the insurance company don't sue you to recover the 3rd party's costs - which they are entitled to do.

kippy

R.O.R wrote: »

And perhaps you'll learn not to attempt driving by yourself.

€1,000 fine for driving alone isn't it? Another €1,000 for not having L-Plates if they weren't up.

Not to mention the fact your insurance will sky rocket after Air Coach have claimed. That's if the insurance company don't sue you to recover the 3rd party's costs - which they are entitled to do.

Yep, technicilly you werent actually insured at the time of driving the car, things could get messy.
Have you informed the insurance company?

Mr. Incognito

Depends on your insurance really.

If you are unaccompanied and no L plates, technically you are not insured. If your insurance company deny liability you will be liable for the damage but I doubt this would happen, though it could.

TheNog

R.O.R wrote: »

And perhaps you'll learn not to attempt driving by yourself.

€1,000 fine for driving alone isn't it? Another €1,000 for not having L-Plates if they weren't up.

The €1,000 fines are the maximum allowed but the Judges have discretion over the amount they can give.

kippy wrote: »

Yep, technicilly you werent actually insured at the time of driving the car, things could get messy.
Have you informed the insurance company?

No he was still insured even if unaccompanied

Alanstrainor

kippy wrote: »

Yep, technicilly you werent actually insured at the time of driving the car,

That depends entirely on the policy, and is not universally true for all insurance policies.

TwoShedsJackson

kippy wrote: »

Yep, technicilly you werent actually insured at the time of driving the car, things could get messy.
Have you informed the insurance company?

It's technically possible but very unlikely the insurance company would sue him to get the 3rd party costs back, have you ever actually heard of them doing this to anyone?

Maybe if he had crashed into someone's brand-new Lamborghini or 740 and you were talking 100,000 plus to replace, but for €500 - €2000 damage to a coach?

Berty

You had better hope the Aircoach was not full of Yanks otherwise they will start feeling "rubber necks" at the airport and go in search of a solicitor.

albertonman

TheNog wrote: »

Did the Guard say what the summons is for?

I know you were driving unaccompanied but is there anything else?

He just said that the summonce will be cause I was driving unaccompanied...... I wasnt driving wrecklessly and I was certainly not driving without my L plates.

Do you know, if I will be banned from driving on the roads.

The story is as follow....

I was behind the bus and I tried to swing passed it and I didnt steer it enough to pass it and crashed into the back of the bus, so I was still in 1st gear, but as you know how a fiat punto crush when in an accident.... I could only imagine if I am driving wrecklessly, I wouldnt be here typing.

Alanstrainor

albertonman wrote: »

He just said that the summonce will be cause I was driving unaccompanied...... I wasnt driving wrecklessly and I was certainly not driving without my L plates.

Do you know, if I will be banned from driving on the roads.

The story is as follow....

I was behind the bus and I tried to swing passed it and I didnt steer it enough to pass it and crashed into the back of the bus, so I was still in 1st gear, but as you know how a fiat punto crush when in an accident.... I could only imagine if I am driving wrecklessly, I wouldnt be here typing.

No one can say for certain what will or wont happen, these threads always end up with people calling for blood. What's done is done, you'll just have to deal with it as it comes.

kippy

Alanstrainor wrote: »

That depends entirely on the policy, and is not universally true for all insurance policies.

I was under the impression that if you were in breach of the law when involved in an accident then your insurance policy is null and void. Technicilly.
I havent personally heard of any cases whereby the insurance company uses something such as this to get out of payout however I do believe they can. I was also under the impression that such a "clause" was in all insurance policies that you sign up for.
Obviously I am mistaken. Apologies.

Berty

albertonman wrote: »

He just said that the summonce will be cause I was driving unaccompanied...... I wasnt driving wrecklessly and I was certainly not driving without my L plates.

Do you know, if I will be banned from driving on the roads.

Nobody can say for sure BUT I would seriously doubt you will be banned from driving for even one day.

Did you watch the RTE programme called Traffic blues recently? You could have done a whole lot worse and still not have gotten banned.

Drummerboy08

Berty wrote: »

Did you watch the RTE programme called Traffic blues recently? You could have done a whole lot worse and still not have gotten banned.

Wasnt that just the irish version of the Bill? It wasnt real was it?





/Awaits TheNog or NGA to agree

KamiKazi

Start saying your goodbyes OP, you're looking at hard time.

Seth Brundle

kippy wrote: »

I was under the impression that if you were in breach of the law when involved in an accident then your insurance policy is null and void. Technicilly.

Technicilly (sic) almost all incidents are as a result of someone being in breach of the law (exceeding the speed limit, not using due care and attention, etc.)

albertonman

KamiKazi wrote: »

Start saying your goodbyes OP, you're looking at hard time.

quote what you are trying to say....

kippy

kbannon wrote: »

Technicilly (sic) almost all incidents are as a result of someone being in breach of the law (exceeding the speed limit, not using due care and attention, etc.)

Fair enough...........

albertonman

kippy wrote: »

Yep, technicilly you werent actually insured at the time of driving the car, things could get messy.
Have you informed the insurance company?

Yep they know, the girl told me (asgard insurance) that they will pay out for the damage to aircoach.

Will have to see what happens.

breeno

As a motor insurance underwriter, I can assure you that your claim will be paid out and you will not be pursued for reimbursement of any payout. You will more than likely pay an increased premium at your next renewal though.

TheNog

kippy wrote: »

I was under the impression that if you were in breach of the law when involved in an accident then your insurance policy is null and void. Technicilly.
I havent personally heard of any cases whereby the insurance company uses something such as this to get out of payout however I do believe they can. I was also under the impression that such a "clause" was in all insurance policies that you sign up for.
Obviously I am mistaken. Apologies.

I reckon thats in England you are thinking of

kippy

TheNog wrote: »

I reckon thats in England you are thinking of

It could well be, apologies again for the misinformation..........

seamus

breeno wrote: »

As a motor insurance underwriter, I can assure you that your claim will be paid out and you will not be pursued for reimbursement of any payout. You will more than likely pay an increased premium at your next renewal though.

Insurance companies are actually bound by law to discharge all 3rd party liabilites against an insuree unless some material detail relating to the insurance policy was omitted or changed, i.e. the driver is driving a different car, didn't disclaim that they don't have a licence, etc.

It basically means that no matter what, provided that you have been honest with your insurance company about who you are and what they are insuring, then they absolutely cannot get out of their obligation to cover your third party costs, regardless of how the incident occured.

They can of course chase you for the cash, but only after they compensate the other guy. It would be extremely rare for them to pursue a driver for the compensation they've paid out.

snowman707

breeno wrote: »

As a motor insurance underwriter, I can assure you that your claim will be paid out and you will not be pursued for reimbursement of any payout. You will more than likely pay an increased premium at your next renewal though.

Thanks for a reply from someone who knows what they are speaking about,

OP: do not take much notice of some the idiotic replies from individuals who obviously know sfa what they are on about.

A mishap happened no body was killed or injured, life will go on & in time you may well be all the stronger by it.

Henry Ford III

A mishap yes, but it was also a flagrant disregard for the law.

DonJose

Question to AGS on this board, could the OP be charged with driving without a valid license? I contacted the Garda Traffic Corp before and was told that a person driving unaccompanied on a learner permit could be charged with driving without a valid license.

Absurdum

albertonman wrote: »

quote what you are trying to say....

have you seen the movie Midnight Express?

kippy

snowman707 wrote: »

Thanks for a reply from someone who knows what they are speaking about,

OP: do not take much notice of some the idiotic replies from individuals who obviously know sfa what they are on about.

A mishap happened no body was killed or injured, life will go on & in time you may well be all the stronger by it.

Listen,
Who on this thread knows the least.
The guy who rear ended a coach in his Punto while driving on a provisional alone, who doesnt know what the cop is going to charge him with, or me, who got a pretty small technical point wrong and has apologized for it since.
I wouldnt call my reply idiotic either.......


Totally agree though, this time its only money, nothing too bad, hopefully you've your lesson learned.

TheNog

albertonman wrote: »

He just said that the summonce will be cause I was driving unaccompanied...... I wasnt driving wrecklessly and I was certainly not driving without my L plates.

Do you know, if I will be banned from driving on the roads.

The story is as follow....

I was behind the bus and I tried to swing passed it and I didnt steer it enough to pass it and crashed into the back of the bus, so I was still in 1st gear, but as you know how a fiat punto crush when in an accident.... I could only imagine if I am driving wrecklessly, I wouldnt be here typing.

You wont be banned. A fine is all providing of course you have no other traffic convictions.

DonJose wrote: »

Question to AGS on this board, could the OP be charged with driving without a valid license? I contacted the Garda Traffic Corp before and was told that a person driving unaccompanied on a learner permit could be charged with driving without a valid license.

I think you may have taken it up wrong. If a person is stopped for driving on a Learner Permit and unaccompanied then this the summons that will follow. Its basically driving alone without a valid driving licence just worded differently.

pondasher

Dont panic it happens to everybody sometime. The Garda may or may not prosecute you. If its your first offence at worst it will be a very small fine and maybe 2 points. If its your first insurance policy you had no 'no claim bonus anyway so how canthey charge you more. The main thing is no-one was hurt

pcardin

Berty wrote: »

You had better hope the Aircoach was not full of Yanks otherwise they will start feeling "rubber necks" at the airport and go in search of a solicitor.

That is actually a pure Irish way to get some extra money.

RGS

seamus wrote: »

Insurance companies are actually bound by law to discharge all 3rd party liabilites against an insuree unless some material detail relating to the insurance policy was omitted or changed, i.e. the driver is driving a different car, didn't disclaim that they don't have a licence, etc.
Section 76

It basically means that no matter what, provided that you have been honest with your insurance company about who you are and what they are insuring, then they absolutely cannot get out of their obligation to cover your third party costs, regardless of how the incident occured.

They can of course chase you for the cash, but only after they compensate the other guy. It would be extremely rare for them to pursue a driver for the compensation they've paid out.

As a claims handler i can advise that insurance companies do and will continue to seek to recover compensation paid out to innocent third parties if the ex policyholders policy was declared null and void.

greatdepression

kippy wrote: »

I was under the impression that if you were in breach of the law when involved in an accident then your insurance policy is null and void. Technicilly.
I havent personally heard of any cases whereby the insurance company uses something such as this to get out of payout however I do believe they can. I was also under the impression that such a "clause" was in all insurance policies that you sign up for.
Obviously I am mistaken. Apologies.

Im not to sure on the insurance companies here but in the UK they would call it "driving otherwise within accordance of your licence" which means that you only had a learner permit so should not of been driving in the first place and they will refuse to pay out.

if your insurance has any clauses like this its probaby in the small print some where.

Tilt Gone

You''ll be fine.Court apperance (maybe/maybe not depending on the copper). If so then a slap on the wrist maybe a small fine. stuff like this happens every day. I will however let you know that a lot of these things come down to the type of judge you get and what humor he is in.

Trust me I've had my fair share of court dates. You could be the unlucky fecker that gets called up after some other guys solicitor has rubbed the judge up the wrong way. Doubtful though so just relax and get back in the car as soon as you can. As regards the insurance depending on the person also they might try to get out of paying because you didn't have a person with you so they could say you are in breach of your insurance. Prob get away with it though.

drive safe and wear a seatbelt.

robbie_998

someone mentioned insurance there.

if your a learner driving on your own in your own car then you insurance is void.

depending on who your insured with they could un-insure you after hearing about this and you could be refused insurance in the future !

in court they will do you in with a big fine/ban or a lot of penalty points which could also get you banned.

have a nice day