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

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PusCookie

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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?
 
At the time, you would have been told to present your insurance certificate to a garda station within a few days as you did not have it on you.
 
PusCookie said:
Can I avoid the court appearance?
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No, I don't think so.

Even ff you can produce a valid insurance certificate as proof of insurance cover on the day in question to the Garda who stopped you, you will probably still face a charge for non-production in the time-frame allowed. Be in court with a solicitor.

If for some reason you can't produce the certificate, you'll certainly have to be there and have a solicitor and be prepared to face the serious consequences.
 
Why would you need a solicitor?

What is the legal point in dispute here?

Surely contact the Garda in advance and say that there has been some misunderstanding? And send in the cert.
Then attend court with the cert and abjectly apologise.

Brendan
 
IMO no need for solicitor.
Go to court early, seek out the prosecuting guard and show him/her the valid insurance cert. He/she may seek to get it pulled or may enter no evidence or 'all in order' plea, in which case the charge does not proceed.
Failing this, show the court your valid cert. and apologise for 'failure to produce' and (important this) for wasting the court's time.
 
PusCookie said:
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.
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The tax disc is literally proof that the car is taxed.

As I understand it the insurance disc is only indicative of valid insurance but not proof of it. People in the past have cancelled insurance and sent back the certificate while retaining the insurance disc. I keep a copy (not original) of the insurance certificate in the car with me.

In this case you are often asked to show up in the local Garda station within 2 weeks with a valid insurance certificate. Surprised that wasn't the case here.
 
Thanks Guys.
I've been on to my insurer.
The Cert is indeed the document the disc is attached to, you are correct 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
 
A tax disc, like the NCT disc, relates to the vehicle with the same reg no as the disc.

Insurance certificates (generally) relates to two things:

The vehicle with the same reg no as the insurance disc​
​
The drivers(s) named and the vehicle with the same reg no as the insurance certificate​

The insurance disc merely indicates the vehicle is insured, the cert names the driver(s).
 
SparkRite said:
Go to court early, seek out the prosecuting guard and show him/her the valid insurance cert.
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Go to the Garda Station as soon as you have the certificate, do not leave it 'til the last minute of the court date.
Brendan Burgess said:
Why would you need a solicitor?
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I formed the opinion based on the OP's post that s/he might be unused to court proceedings and might need a "guide" as a first timer.
 
mathepac said:
The insurance disc merely indicates the vehicle is insured,
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A common misunderstanding, it does not indicate that the vehicle is insured but rather that at some time, within the dates mentioned on the disc, a policy was incepted covering the vehicle bearing the index number also mentioned on that disc.
mathepac said:
the cert names the driver(s).
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Yes, indeed it does and also the class of use that is covered.

Neither of the above prove that the vehicle is presently insured and if the Guard (having doubts of validity) is not in possession of an ANPR device then a quick call to the insurer is the usual procedure followed.
 
@PusCookie , I had a similar issue a good few years ago and I went to court with a letter from my insurance company stating that I was insured at the date I was stopped as well as a copy of the certificate and disc. The judge will take their lead from the Garda so talk to them before the hearing, if you recognise them, and apologise and show them your documents and everything will be fine.
There's no need for a solicitor and there's very little chance of aa fine. But turn up in person. That's essential.
 
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