Summons for no insurance

J

Jdoe1234

Registered User
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I've just received a summons for driving with no Insurance or tax. The tax was my fault I admit but I was driving the car on a 3rd party extension, which in order to be effective the car had to be in someone else's name. I was driving a car that was in my own name but I had sent off the logbook two days before and was of the understanding that I was insured
What will happen?
 
You owned the car so the 3rd party extension does not apply.

You need a solicitor who will plead your case, if you had the time to send the logbook away how come you didn't insure it, if you have a good reason for that and no prior history the court may be lenient.
 
I bought a car privately through an ad on donedeal a number of years back. After agreeing a price,.signing over the logbook transfer and paying the man for the car, I tried to ring my insurance company on-the-spot to transfer my insurance so i could legally drive it home but there was absolutely no mobile phone coverage. I opted to take a chance on driving it a few miles up the road until I had phone reception, but as luck would have it, I hit a checkpoint. Naturally, the Garda was fairly suspicious as I initially couldn't find the electric window button to talk to him, on further questioning nor could I tell him the original owner's name or show him any documentation whatsoever that I was after buying it. Nor did I have my licence. I couldn't call up the original advert online there-and-then either as I had no signal.

To make a long story short he told me I was getting a summons for no insurance unless I could prove I was insured. A week or so later I called to him by requesting an appointment with him at the garda station. I brought my licence, tax, NCT and insurance details for the vehicle I was actually insured on that day - not the one I bought that day. He looked through it and said he'd ring my insurance company himself, explain what had happened, and ask if they'd be prepared to cover me for the date in question. I wasn't there when he made the phonecall so I didn't actually hear it, but he came back a few mins later and said it's sorted and my insurance company, who I'm with almost 20 years, had said I was covered on the date.

I would approach the Garda, bring as much paperwork as you can.It's worth a shot.
 
Jdoe1234 said:
I've just received a summons for driving with no Insurance or tax. The tax was my fault I admit but I was driving the car on a 3rd party extension, which in order to be effective the car had to be in someone else's name. I was driving a car that was in my own name but I had sent off the logbook two days before and was of the understanding that I was insured
What will happen?
Click to expand...

I'm assuming the reason you were doing this was that you had sold/transferred ownership of the car ?
If you can prove this eg. some receipt or document proving sale/transfer, then the vehicle did NOT belong to you on the date you were stopped, irrespective of who's name is on the VRC.
It follows then you were insured to drive, if as you say you have "driving other cars.....blah, blah" extension on your policy.
 
What car was the 3rd party policy you were relying on associated with? Did you ever have an insurance policy in place on the car you were stopped in and if so, when did that lapse? Likewise, when did the tax lapse?

It is a little unusual to be driving a car you allegedly sold some days previously.
 
I had never had a policy on that car I had bought it and the seller sent off the logbook with my details on it so when i received the logbook I changed it to my mother's name and sent it off,(I was meant to be travelling down the country the day after I was caught and needed that car as my other car was broken) I assumed it was a quick process and that it would be in my name in the next day or so,my bad, I've already received the summons I have a court date in s month or so, so it's a bit late to get in contact with the guard. If they look at the change of ownership dates they will see the car changed hands on the 13th and I was caught on the 14th should that suffice?
 
Jdoe1234 said:
If they look at the change of ownership dates they will see the car changed hands on the 13th and I was caught on the 14th should that suffice?
Click to expand...

They may take it into account if insurance was in place from the time of purchase in your mother's name. A good solicitor will be able to advise how best to present your case.
 
That's what I'm hoping, is it a ban for driving with no Insurance? I've no previous or anything
 
I'll be able to prove the car was transferred on a different date with the log book, although that car has since been scrapped I'm sure I'll be able to get a copy from the place in Shannon
 
This is a simple case ( I have personal experience of it and I did NOT use a solicitor), you did not own the car when the Guard stopped you. Assuming you can prove this and you say you can, then you were insured under the "driving other cars" extension.

Show this evidence to the Guard on/or before the date of the hearing, he may well ask that the charge is withdrawn, failing that show it to the judge.
 
Jdoe1234 said:
although that car has since been scrapped
Click to expand...

Sounds a complete mess

SparkRite said:
This is a simple case
Click to expand...

There is nothing simple about this.

Leo said:
They may take it into account if insurance was in place from the time of purchase in your mother's name
Click to expand...

Thats your only get out of jail card. The Driving of other cars, only comes into play (if) the other car is already insured on someone elses policy. End of.
 
Somewhat arrogant tone detected............

LS400 said:
There is nothing simple about this.
Click to expand...

It is extremely simple........He was either insured or he wasn't !!


LS400 said:
Thats your only get out of jail card. The Driving of other cars, only comes into play (if) the other car is already insured on someone elses policy. End of.
Click to expand...

But it's not "End of" is it ?

Some policies stipulate that, some don't...............eg. Liberty do, AXA don't .
So depends on the OP's policy/underwriter.
My personal experience was that I was insured while there was no separate policy related to the vehicle I was driving.

"Doctors differ, patients die".
 
My understanding with every company I have been with is that the other vehicle must be insured for a third party extension on my policy to be valid for me to drive.
 
Sgt_Pepper said:
I bought a car privately through an ad on donedeal a number of years back. After agreeing a price,.signing over the logbook transfer and paying the man for the car, I tried to ring my insurance company on-the-spot to transfer my insurance so i could legally drive it home but there was absolutely no mobile phone coverage. I opted to take a chance on driving it a few miles up the road until I had phone reception, but as luck would have it, I hit a checkpoint. Naturally, the Garda was fairly suspicious as I initially couldn't find the electric window button to talk to him, on further questioning nor could I tell him the original owner's name or show him any documentation whatsoever that I was after buying it. Nor did I have my licence. I couldn't call up the original advert online there-and-then either as I had no signal.

To make a long story short he told me I was getting a summons for no insurance unless I could prove I was insured. A week or so later I called to him by requesting an appointment with him at the garda station. I brought my licence, tax, NCT and insurance details for the vehicle I was actually insured on that day - not the one I bought that day. He looked through it and said he'd ring my insurance company himself, explain what had happened, and ask if they'd be prepared to cover me for the date in question. I wasn't there when he made the phonecall so I didn't actually hear it, but he came back a few mins later and said it's sorted and my insurance company, who I'm with almost 20 years, had said I was covered on the date.

I would approach the Garda, bring as much paperwork as you can.It's worth a shot.
Click to expand...
That guard would have been forced to pull in his horns had it gone to court, he realised he had to climb down after you supported your story with evidence in the station,ringing up the insurance company waa just power tripping and uncalled for
 
I've since bought a new car have a fully paid fresh insurance policy on it with a full window, this should surely help aswell no?
 
Jdoe1234 said:
I've since bought a new car have a fully paid fresh insurance policy on it with a full window, this should surely help aswell no?
Click to expand...

Why would you think or imagine, that would help ? Totally irrelevant to the charge you are facing.
 
It was the only info given to me with my insurance policy, maybe there was more fine print somewhere I could very well be wrong. I'm expecting worst case scenario with all this but I guess I'll have to run through it all with a solicitor and see
 
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