Court summons for no car insurance-when I had insurance.

Cookiepus

Hello.

4 months ago I was stopped at one of the Guarda Covid checkpoints.

I had no Tax on my car, so car got lifted.

My fault so I paid my fines etc.

At the check point the Guard kept questioning if my insurance was valid.

Even though there was a valid insurance disc in the window.

I seem to remember him asking if I had the rest of the letter to which the disc is attached.

But I didn't think much more about it.

Today I got a court summons for driving with no insurance.

I still have the disc form the car, which is now off the road.

Can someone advise me what to do,

Can I avoid the court appearance?

Thanks

Cookie

FishOnABike

What charges are on the summons? Does it include not having insurance and failure to produce your insurance certificate?

There may have been a misunderstanding at the checkpoint. Were you asked to bring your certificate of insurance to a Garda station or nominate one to bring it to?

A word with the prosecuting Garda beforehand showing your insurance disc, certificate and licence and the prosecuting Garda may ask the court for the charge to be dismissed.

Even if this is agreed with the prosecuting Garda in advance I would suggest you still turn up in court on the day and bring your insurance disc, certificate and driving licence, just in case there was any failure in the chain of communication. Once you can show you were insured on the day you were stopped at the checkpoint you should be ok.

Cookiepus

Thanks for replying.

Its hard to read - but i think the charge is 'not having insurance'

I cant remember if i was asked or not to bring cert to station.

What exactly is a ‘Certificate of Insurance’?

I can download some documents from my Insurers website.

These are like the letters stating the policy details that are included when you get your disc.

Is this a ‘Certificate of Insurance’?

Or is the Certificate the actual paper that remains after you detach the disc?

Which I have lost

Dempo1

I agree with FishOnaBike (great user name)

I'm thinking this is more a case of miss communication and perhaps you we're required to produce your full insurance cert at your local garda station within the normal 10 days.

Do turn up, have everything, including drivers licence, i would try and identify the prosecuting Garda if in attendance and chat to them. I'm sure any reasonable Judge will accept a miss communication has occurred and dismiss summons.

Dempo1

https://www.boards.ie/discussion/comment/117902913#Comment_117902913

Certificate is the full document you recieved from insurance company with Disc part removed from this document and displayed on your windscreen. Normally sent directly to you but more and companies sending via email I believe 😏

FishOnABike

If you cant remember if you were asked or not to bring cert to station you were probably asked to produce your certificate of motor insurance at a Garda station within 10 days. Sounds like you didn't, hence the summons.

The certificate is most likely the price of paper the 'disc' was attached to. It should be titled something like

    Road Traffic Act 1961 
Certificate of Motor Insurance

and includes the details of the insurance policy, name and address of the policy holder, policy start and end dates, what use, vehicles and people are covered by the policy etc...

If you have lost it you might be able to download it from your insurers website, if not you should be able to get a duplicate from your insurer - check with them how they process this.

If you can't get a duplicate of your 'Certificate of Motor Insurance' before your court date do get some legal advice. It could make the difference between getting the time to get a duplicate 'Certificate of Motor Insurance' and ending up with a conviction for not having insurance.

billo516

Why ask same on AAM ? one minute earlier.

I cannot post links

Cookiepus

Thanks Guys.

I've been on to my insurer.

The Cert is indeed the document the disc is attached to. Apparently i need this as proof-not just the disc itself.

I cant download it but they said they will send a new one.

I can only assume the Guarda told me i had to present it, But for whatever reason the info didn't register.

I was in the Station the a few days later to get the doc to release my car.

So now i guess its a day of work to go to court with my documents.

Thanks again for talking the time to advise me lads 😌

Cookie

FishOnABike

Once you have the 'Certificate of Motor Insurance' the summons should be easily dealt with.

1. Preferred option would be to meet with the prosecuting Garda at the Garda station, show your insurance disc, certificate and driving licence and apologise for the mix up in not having produced them earlier. Ask if the charge can be dismissed on the day when it comes up in court. Even if it is agreed to dismiss the charge when it comes up in court do turn up for court on the day with your disc, certificate of motor insurance and driving licence, just in case.
2. Next best is to turn up early on the day for court and approach whatever Garda is presenting the cases to the court (will usually be a senior officer) and follow same as in 1. above.
3. Failing 1 or 2 when your case is called. Explain and apologise for your mistake / misunderstanding in not realising you had to produce your certificate. Have your 'Certificate of Motor Insurance', driving licence and insurance disk to show in court.

It's a bit of hassle to go through but it should work out for you.

Ash.J.Williams

https://www.boards.ie/discussion/2058209222/court-summons-for-no-car-insurance-when-i-had-insurance

He would have asked you to bring an insurance cert to a garda station within 10 days and you didn't?

Cookiepus

https://www.boards.ie/discussion/comment/117903662#Comment_117903662

Brilliant Advice!

Kind Reagrds

Cookiepus

https://www.boards.ie/discussion/comment/117903723#Comment_117903723

I really cant remember- its 6 months ago now.

Perhaps he did say it and i was too stressed /afronted at having my car towed away

Ash.J.Williams

https://www.boards.ie/discussion/comment/117904026#Comment_117904026

he probably did, and by not fulfilling your part of the deal it is assumed you have no insurance , also your tax must have been way out to be towed and that would arouse suspicion about your insurance validity

Ash.J.Williams

https://www.boards.ie/discussion/comment/117904008#Comment_117904008

gardai are usually delighted to get out of a case if they can, judges are very hard on them!

silver2020

https://www.boards.ie/discussion/comment/117904053#Comment_117904053

a garda could easily have taken details from the disc and checked themselves if they were that concerned or used the mobility app. The "presentation" at a garda station is just a tool to inconvenience you.

And there's no need to nominate a station anymore as its all entered and they just check by registration number.

I'd be saying that I presented it when collecting the doc to release the car.

Ash.J.Williams

thats great

Caranica

You noticed that the Garda was very interested in whether you had the other part of the letter the disc comes on ie the certificate of insurance... Makes it very very likely you were told to produce it at a Garda station

ohnonotgmail

https://www.boards.ie/discussion/comment/117904135#Comment_117904135

lying in court is terrible advice. The OP should ignore it.

silver2020

https://www.boards.ie/discussion/comment/117905480#Comment_117905480

where did I say to lie in court?

I'd just be saying to the garda that I am certain I presented it when I went to collect the car as I also had to present other documents to get the car released. And then show the certificate.

I still say the garda was being a jobsworth as he could have checked it there and then

Witcher

https://www.boards.ie/discussion/comment/117907409#Comment_117907409

The onus is on you to prove you're insured on the roadside not the Garda.

maestroamado

If you know the Garda station where the Garda works from just call and explain... I expect just simple error and they may just withdraw summons...

mondeoman72

I had 6 summonses. No insurance, licence and tax. Then not presenting them. 3 + 3 equals six. I went to court and showed the garda. I had presented to tallaght station but it was never recorded so investigating garda assumed I didnt have them.

When the case was called, he stood up and withdrew as documents were in court. Mistakes happen on both sides. Find the garda, politely explain and show them.

Claw Hammer

https://www.boards.ie/discussion/comment/117907430#Comment_117907430

it would be unusual for a summons to be withdrawn. In the majority of cases the judge is asked to strike out the summons when the case is called in court.

Claw Hammer

https://www.boards.ie/discussion/comment/117904135#Comment_117904135

The online system only shows whether or not there is insurance in respect of the car. It won't invariably show whether a particular person is insured to drive the vehicle they are stopped. Somebody may be in someone else's vehicle on their own open insurance or on the other persons insurance as a named driver or an open policy. Many open policies limit open driving to drivers between specific ages. It also takes time for changes of ownership of cars and withdrawal of insurance cover to be updated.

The guard might suspect that if the o/p hadn't bothered paying his car tax for several months that he might have left a direct debit for car insurance lapse.

maestroamado

https://www.boards.ie/discussion/comment/117908175#Comment_117908175

You are probably right as everything likely digital now...

I had one experience some years ago where i forgot about a summons until the morning of the case.... I arrived at the courthouse and paid the fine without having to court...

Charles Babbage

If there is time, it might be wise for the OP to get confirmation from the insurance company that he had not cancelled the insurance before the date of the stop. People have disks and even certificates where they have not paid for the policy or have changed it over the phone and not sent the cert back.

If the insurance company could state in writing that Certificate xxxxx issued on dd-mm-yyyy was still on force at date dd-mm-yyyy then you'd be on solid ground.