And for MOB post. Yes I was insured in my own car. Therefore paying my contributation towards the MIBI. The owner of the other car was negligent in the fact that he failed to pay his insurance.
Surely it is your responsibility to ensure that the car in which you are driving is covered by insurance. Ignorance is not a defence.
So you were driving unisured and crashed into somebody? Surely that is illegal and you shoudn't have been on the road.
Surely a person would assume a car was insured by the owner as I owner has just step out of the the said car 2 minutes previous to me getting into it!
My reading of this is:
OP was driving his mates car and was uninsured.
The defendant was driving his own car and was insured.
OP claims that defendant pulled out in front of him and caused OP to hit him.
OP is claiming from MIBI despite the fact that the other driver was insured -op believes that the MIBI will cover him as he was the uninsured driver who was caused to collide with another driver. What I don't understand is if the other driver is at fault (by the findings of the gardai) why is OP suing the MIBI when he should be suing the defendants insurance company (that is if the defendant is indeed liable).
Surely a person would assume a car was insured by the owner as I owner has just step out of the the said car 2 minutes previous to me getting into it!
The defendant didn't have any insurance that why I'm sueing the MIBI as they are the insurance for people that don't insure their car.
I think I see where you are coming from. I am far from a legal expert but I usually know when I'm beat. and if I were in your shoes I'd feel pretty beaten. I for one don't think you have much of a case.
Have you looked up similar cases? has anyone been successfull in this type of action?
okay that wasn't clear from previous posts - so you are suing the MIBI because the guy that caused your accident didn't have insurance - so basically two uninsured drivers collided with each other is that correct??
did your own insurance not cover you to drive the car you had the accident in 3rd party?
Correct!
My own insurance was only third party. Would this cover me to drive his car?
As far as I know it would - as previously stated you insure the driver not the car so you would be covered 3rd party.
Are you sure? I am insured to drive my cars because my name is linked to the regs. That doesn't mean I can drive anybody elses car, surely?. What is stopping me from sticking a top end BMW in my grannies name and insuring me in a 1.0L micra, for example and then just driving the BMW around cos I'm insured.
Don't know about different cars etc but I know that I am insured 3rd party on my partner's vehicle. However, I do know of somebody who assumed he was insured 3rd party and took his friends jeep, small crash happened and it transpired that insurance wouldn't cover him in a jeep (i.e he was covered 3rd party if he had been driving a car)