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Uninsured driver

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    #62
    Pataman
    Registered Users Posts: 1,536 ✭✭✭Pataman


    Here Ya go: http://haughey.lcdclientportal.com/?p=338

    Maddening!


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    #63
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    Kenny Logins wrote: »
    You need to back that up with a link.

    I'm not so sure they won't payout if the other driver is found at fault, the OP's lack of insurance is a completely separate matter.

    damage to a vehicle and it's passengers is a civil matter, no insurance is a criminal matter. Seperate


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    #64
    inforfun
    Registered Users Posts: 20,862 ✭✭✭✭inforfun


    Pataman wrote: »
    Here Ya go: http://haughey.lcdclientportal.com/?p=338

    Maddening!
    A recent change in law now allows drivers of uninsured vehicles in the same accident to claim against each other. In the case of Woods v. Woods the Plaintiff was involved in a motorcycle accident with his brother. Neither of the brothers was insured to drive their motorcycles.

    Ah...not fishy at all :D


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    #65
    RustyNut
    Registered Users Posts: 3,430 ✭✭✭RustyNut


    Adrian2468 wrote: »
    I was a uninsured driver in a accident totally the other drivers fault ( I know I should not have been on the road) but can I still claim? Any feed back welcome

    Yes you can claim if the other driver was at fault, your insurance status at the time of the collision is irrelevant.
    Adrian2468 wrote: »
    Anyone on here know if I cash uninsured and guards are called they tell me 2 produce insurance and licence within 10 days this was 2 months ago which I did not do can I still be prosecuted or has it gone 2 long guards fault?

    AGS have 6 months to issue summonses and it can take a while after that for them to get to you. It is highly unlikely that this will go away, you can expect at least 4 summonses.Driving with no licence, failure to produce licence,driving with no insurance, failure to produce insurance, 4 separate offences.


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    #66
    CiniO
    Registered Users Posts: 16,063 ✭✭✭✭CiniO


    inforfun wrote: »
    And the solutions is so simple.
    Connect a few databases and as soon as you put a car in your name, the motor tax bill is in the mail and as soon as you take out insurance, that will be registered too.
    Car in your name and no insurance and tax? Fine the hell out of them.

    Sick of the excuse: Too expensive, i cant afford it. It comes with owning a car. If you cant afford tax/insurance, you just cant afford owning and driving a car.

    See, I still think that greatest deal on uninsured drivers in Ireland are not people who have a car and never bother insuring it, but those who get caught with stupid system of named drivers.
    Considering most car insurance policies in Ireland cover only certain drivers to drive the car, this causes the easiest and most common reason for driving uninsured.
    I borrow a car to a friend - he drives uninsured.
    I try to buy a car, test driver it - uninsured.
    I'm driving and feel tired - ask my passenger to drive - uninsured.

    It's just way too easy to drive uninsured.


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    #67
    inforfun
    Registered Users Posts: 20,862 ✭✭✭✭inforfun


    Oh, that named driver system is indeed stupid.
    I go to Holland and i can drive anyone's car simply because the owner insured it and i have a drivers license. So the car is insured and that is what counts.


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    #68
    CiniO
    Registered Users Posts: 16,063 ✭✭✭✭CiniO


    inforfun wrote: »
    Oh, that named driver system is indeed stupid.
    I go to Holland and i can drive anyone's car simply because the owner insured it and i have a drivers license. So the car is insured and that is what counts.

    Well I'm fairly certain that's the way it works virtually everywhere outside Ireland and UK.


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    #69
    EazyD
    Closed Accounts Posts: 1,207 ✭✭✭EazyD


    By all means the OP should be reimbursed for the damage. Not that it would matter too much seeing as he/she will have some serious fines/ban coming down the road.

    Nothing I hate more than selfish tw@ts who knowingly jump in a car with no insurance.


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    #70
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    inforfun wrote: »
    Oh, that named driver system is indeed stupid.
    I go to Holland and i can drive anyone's car simply because the owner insured it and i have a drivers license. So the car is insured and that is what counts.

    so anyone can drive it insured even of they have a stack of penalty points, previous drink driving convictions, defective eyesight, no experience, etc?

    Sounds like a recipe for Insurance Premiums being even higher.


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    #71
    CiniO
    Registered Users Posts: 16,063 ✭✭✭✭CiniO


    corktina wrote: »
    so anyone can drive it insured even of they have a stack of penalty points, previous drink driving convictions, defective eyesight, no experience, etc?


    Sounds like a recipe for Insurance Premiums being even higher.

    Well, so why they aren't?

    Btw - no one should drive with defective eyesight. You won't get your driving licence if you can't see.

    And maybe penalty points and previous convictions don't really affect risk like you think.


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    #72
    inforfun
    Registered Users Posts: 20,862 ✭✭✭✭inforfun


    corktina wrote: »
    so anyone can drive it insured even of they have a stack of penalty points, previous drink driving convictions, defective eyesight, no experience, etc?

    Sounds like a recipe for Insurance Premiums being even higher.

    Age 60 (or 65) you ll have to go to a GP (not your own) for a test and based on that you ll get 1,2,34 or 5 years extension to your license. Of course not water tight. Just like a nct for cars it is a test at that very moment.
    I know from my own family how flawed it can be.

    Penalty points dont exist in Holland (afaik) but drive from Rotterdam to Amsterdam and you ll be able to make a movie out of speed camera photos if you drive to fast.
    Lots of traffic lights also have camera's.
    Speeding fines are no fun. (Link in Dutch but the highest fines are for inner city speeding)
    Run a red light > €230
    Driving uninsured > €400
    Drink driving> min €350 up to €750 and driving ban
    Parking fine > €90
    Unless you thought it was smart to take a disabled space >€370

    It is easy enough to lose your license in Holland. 50% over the max speed and you ll be banned.


    All of that is in place here i suppose but the difference is that the penalties are more severe in Holland and there is enforcement.

    And..... there is actually no provisional drivers license so anyone on the road holding a license had driving lessons before passing an exam and didnt learn how to driver from someone who also didnt learn how to drive.

    Of course there is still enough people who drive around uninsured, without a license in Holland. Put your car in the name of some junkie and you can go your merry way. No system is 100%.

    So yes... basically anyone can drive but would you give your car, you insured, to someone you know is a ****, half blind driver who does drink a liter of rum before driving off?

    I dont think the insurance is higher in Holland but my last car insurance i had there is such a long time ago, cant reasonably compare it anymore.
    Motor tax though is a lot higher, an awful lot.


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    #73
    wonski
    Registered Users Posts: 13,685 ✭✭✭✭wonski


    The biggest payout ever in Ireland was - iirc - to the son of an uninsured driver who caused the accident. The young boy deserved it - no doubt about it.

    I wouldn't be surprised if the OP got compensation.


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    #74
    wonski
    Registered Users Posts: 13,685 ✭✭✭✭wonski


    inforfun wrote: »
    Age 60 (or 65) you ll have to go to a GP (not your own) for a test and based on that you ll get 1,2,34 or 5 years extension to your license. Of course not water tight. Just like a nct for cars it is a test at that very moment.
    I know from my own family how flawed it can be.

    Penalty points dont exist in Holland (afaik) but drive from Rotterdam to Amsterdam and you ll be able to make a movie out of speed camera photos if you drive to fast.
    Lots of traffic lights also have camera's.
    Speeding fines are no fun. (Link in Dutch but the highest fines are for inner city speeding)
    Run a red light > €230
    Driving uninsured > €400
    Drink driving> min €350 up to €750 and driving ban
    Parking fine > €90
    Unless you thought it was smart to take a disabled space >€370

    It is easy enough to lose your license in Holland. 50% over the max speed and you ll be banned.


    All of that is in place here i suppose but the difference is that the penalties are more severe in Holland and there is enforcement.

    And..... there is actually no provisional drivers license so anyone on the road holding a license had driving lessons before passing an exam and didnt learn how to driver from someone who also didnt learn how to drive.

    Of course there is still enough people who drive around uninsured, without a license in Holland. Put your car in the name of some junkie and you can go your merry way. No system is 100%.

    So yes... basically anyone can drive but would you give your car, you insured, to someone you know is a ****, half blind driver who does drink a liter of rum before driving off?

    I dont think the insurance is higher in Holland but my last car insurance i had there is such a long time ago, cant reasonably compare it anymore.
    Motor tax though is a lot higher, an awful lot.

    Enforcement - here is the key. I lived in Holland for 6 months and had no trouble with the Police but I knew they were around. All the time.

    Ireland - not so much. 1 checkpoint a year or 2 and that's it.

    I can't believe I pay motortax and test my car. Would save a fortune by not doing it.


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    #75
    Adrian2468
    Registered Users Posts: 10 ✭Adrian2468


    AGS have 6 months to issue summonses and it can take a while after that for them to get to you. It is highly unlikely that this will go away, you can expect at least 4 summonses.Driving with no licence, failure to produce licence,driving with no insurance, failure to produce insurance, 4 separate offences.[/quote]
    What if I do not get any summones in the 6 months can I still get prosecuted ??


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    #76
    keithclancy
    Registered Users Posts: 9,208 ✭✭✭keithclancy


    inforfun wrote: »
    Penalty points dont exist in Holland (afaik)

    No, you get points for the first 5 years after your driving test. You get enough and you have to sit your test again.


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    #77
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Adrian2468 wrote: »
    What if I do not get any summones in the 6 months can I still get prosecuted ??
    Yes, if the Gardaí have sought prosecution within 6 months. They don't have to serve you with the summons within that 6 months, they've another 6 months to do that. You may not know about it until it arrives in the post or you get a knock on the door.

    BTW I wouldn't be pinning much hope on this slipping away. Gardaí treat a no-insurance offence very seriously so its very likely he's just taking his time to make sure everything is in order to avoid the case being thrown out on a technicality.


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    #78
    Adrian2468
    Registered Users Posts: 10 ✭Adrian2468


    slimjimmc wrote: »
    Yes, if the Gardaí have sought prosecution within 6 months. They don't have to serve you with the summons within that 6 months, they've another 6 months to do that.

    So If I hear nothing in 12 months in total I cannot be prosecuted?


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    #79
    Bruthal
    Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    Bongalongherb wrote: »
    It's like a law-system that was twisted and bent into a contraption of unknown particles from the fifth dimension. It doesn't compute.

    It does.

    If for example you are an uninsured driver, and another driver runs a red light, hitting you while progressing through a green light, they were negligent.

    The same degree of negligence whether they hit an insured or uninsured driver.


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    #80
    Chippy01
    Registered Users Posts: 617 ✭✭✭Chippy01


    From here - http://haughey.lcdclientportal.com/?p=338

    2009 MIBI Agreement which states that once an injured party can prove that they did not KNOW there was no policy of insurance covering the vehicle they can institute a claim for compensation against the MIBI.

    The OP knew he wasn't insured.
    IMO, he doesn't deserve anything.


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    #81
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Adrian2468 wrote: »
    So If I hear nothing in 12 months in total I cannot be prosecuted?
    AFAIK the Gardaí can have the time they have to serve the summons extended in which case you can still be prosecuted (assuming they were granted the summons in the first 6 months).

    As I said earlier, you're better off talking to a solicitor.


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