Was stopped at garda check point without having insurance

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Khayam

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I got stopped at checkpoint 14-12-19 at 11:45pm in i was not aware of my insurance is expired as it was my second car but on my first car am comprehensively insured.garda told me if i failed to present insurance cert the time he stop me i will get the court summon.
Just wondering if i get my car insured by next working day and present to local garda station will i still get summon.
Is there any loop hole for this situation
 

I wouldn't have thought insuring it after the fact will suffice.
 
I would recommend you remove time and date from your post as this could identify you. I don't think there's any loophole for your situation.
 
You were not insured in that car when you were stopped. You need a solicitor, judges don't take kindly to uninsured drivers even if it was a mistake.
 
OP has not clarified SparkRite's question.
If OP does not own the car he was driving he might be insured in two ways ;
1. The car being driven might have open driving insurance and or
2. The insurance on OP's first car may have a driving other cars extension [DOC].

A DOC extension will not insure you to drive another vehicle if you are the owner of that other vehicle.

To confirm what others have said, it is an offence not to have current motor insurance whilst driving in a public place.
Not being aware that the insurance had expired would not provide a defence.
 
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Also, on DirectDevil's point 2 above, some, possibly all, "driving other car" extensions have the wording "you are insured (3rd) party to drive another vehicle, provided the vehicle is insured."
So, as the vehicle wasn't insured, you may not be covered even if you have a DOC extension on your own policy.
 

Very interesting.

Just to clarify - the vehicle being driven and for which you seek indemnity under a DOC extension must itself have current motor insurance.
 
DirectDevil said:
Very interesting.

Just to clarify - the vehicle being driven and for which you seek indemnity under a DOC extension must itself have current motor insurance.
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I have heard of this, but only anecdotally. A few years ago a mate got stopped driving his sisters car and had to produce proof of insurance. He did showing the DOC indemnity,cops never asked or looked for whether there was any other cover on the car.
In all my years driving and have changed insurers many times, always had DOC, have never seen that condition written anywhere within any of my policies.
I have only ever heard of it, but no doubt some policies will have it written within its t&c's. It's just mine haven't.
 
Right, did a bit of googling ('cause I'm like that ).
Both Liberty and Aviva specifically state that the other car has to have a separate insurance policy in force. To be fair, most other insurers didn't refer to it. But still, it could be buried in their documentation.

Insured to Drive Other Vehicles? - Liberty Insurance Ireland

Visit the Liberty Insurance help centre to find the answers to your customer care needs. Click here to find out if you're insured to drive other vehicles.
www.libertyinsurance.ie
"there is a current insurance policy in place in another person’s name that covers the other car"

https://www.aviva.ie/insurance/car-insurance/benefits/"a current certificate of insurance has been issued and remains in force on the Private car being driven under the Driving other cars cover provided;"

In any event, I think the point is moot, as, based on the OPs post, I read it that they have two cars ("my second car"), which wasn't insured. Therefore as he owned the car, ("if I get my car insured by the next working day") DOC's doesn't apply.

My advice would be to get insurance, present it to the guard and explain the case. And be prepared to hire a solicitor.
 
That is what I found as well. The vast majority of them do not stipulate such conditions.

Moot point or not, it could transpire that he 'sold' the car the day before.
 
IME, DOC cover alway stipulates that the other car is insured, sometimes comprehensively, "provided it is not owned by or rented to the insured".

I don't think my comprehensive insurance for my Toyota Avensis will cover me to drive a €400k Bentley, even 3rd party!
 
you need to read the DOC wording on your policy as not all are the same and there are exceptions in many cases. In any event, you cannot avail of the DOC if you own the car you are driving.

Some exclude cars that as others have said are not insured elsewhere. This condition is to ensure that the car being driven is somewhat roadworthy and not a heap of scrap pulled from a ditch for the occasion. Others exclude cars owned by spouses and partners. Some cover you comprehensively whilst using DOC, whereas most are TP only.

Re maththepac, if you have DOC on your Avensis Policy, then you can drive that Bentley!
 
Ravima said:
This condition is to ensure that the car being driven is somewhat roadworthy and not a heap of scrap pulled from a ditch for the occasion.
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This is not correct, "a heap of scrap pulled from the ditch" as you put it may well have insurance.

Ravima said:
Re maththepac, if you have DOC on your Avensis Policy, then you can drive that Bentley!
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While as I said before I personally have never had a policy stating that a car being driven under DOC must have its own insurance I have had some policies with engine size restrictions, mostly 2.5L but one, if I remember correctly as low as 2.0L.
So really no blanket statements can be made.
 

Op, This sums up your position very well.

As for the driving other cars extension, on my policy I can drive any other cars third party only, an extension of my own policy once the other car is insured and once my car is not being used at the same time.

My adult kids (under 26( have driving other cars on the same basis as above but limited to less than 2.0 liter engine size.

Check your policy wording is the message.
 
Khayam said:
i was not aware of my insurance is expired as it was my second car
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His/Her car, his insurance, No defense. Person was not insured at the time he was stopped. There will be a summons. Getting Insurance after will not alter this.

On open driving, you cannot drive a Bentley or anything like it. There is Engine size and value restrictions.
 
On open driving, you cannot drive a Bentley or anything like it. There is Engine size and value restrictions.

and this is where we get confused. OPEN DRIVING means that persons within certain age brackets, with full licences and with Policyholder's permission can driver POLICYHOLDER'S car.

Driving Other Cars (DOC) is where the POLICYHOLDER can drive any car not belonging to him, subject to policy terms as previously mentioned.

Too many people confuse OPEN DRIVING and DOC
 
Ravima said:
and this is where we get confused. OPEN DRIVING means that persons within certain age brackets, with full licences and with Policyholder's permission can driver POLICYHOLDER'S car.
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on the POLICYHOLDER'S insurance.

Ravima said:
Driving Other Cars (DOC) is where the POLICYHOLDER can drive any car not belonging to him, subject to policy terms as previously mentioned.
Click to expand...
and is covered by the POLICYHOLDER'S insurance.
 
mathepac said:
on the POLICYHOLDER'S insurance.
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So in this case the policy holder is the car owner, not the driver. Open Driving is an alternative to having to have named drivers on your policy to enable then drive your car. No requirement for the driver to have a policy in their name. This can't apply in the OP's case.

mathepac said:
and is covered by the POLICYHOLDER'S insurance.
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This is Driving Other Cars, and is the situation being discussed above. The policy in effect is that of the driver, not the owner. Coverage for Driving Other Cars is usually restricted to 3rd party cover, but some like Axa will offer limited comprehensive cover with a cap of €50k for damage to the car. Restrictions on the car itself usually state it must be a passenger car not owned or leased to the driver (likely rules this out for the OP) or not owned by or in the custody of the motor trade. Some insurers will insist that the car must also be insured by the vehicle owner. Some will restrict cover to 25-70 year olds, some restrict engine size for younger drivers. There are no restrictions on make, model or value of the car.
 
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