Driver was unaware her insurance was cancelled
A Gort woman who claims she was unaware her insurance company had cancelled her policy has been told to demand her provider reinstate cover.
Sinead Moylan (47) with an address at 36 The Maples, Gort, told Gort District Court that a “miscommunication” had resulted in her policy being cancelled – and left her facing a charge of driving without insurance after being stopped by gardaí at Crowe Street in the town on January 31.
The court heard that the policy for the Peugeot Partner van she was driving was cancelled on January 25.
Defending solicitor Colman Sherry presented a transcript of a phone call between Ms Moylan and her insurance company, secured by a GDPR request, in which she asked about transferring her policy to another vehicle.
However, Ms Moylan contended that upon being advised by two customer care agents, she didn’t proceed as there was an outstanding claim and she was told she would incur a higher charge if she did not wait until this was settled.
In sworn evidence, the defendant said: “I was under the impression I was still insured.”
Mr Sherry said the terms of the policy stated that Ms Moylan would have to return her insurance disc and a written instruction to cancel the policy in order to end her cover – she had done neither.
Garda Paul Donoghue confirmed he had possession of the insurance disc, having taken it when he discovered the policy was cancelled.
Judge Alec Gabbett said if the insurance company were to provide him with a letter stating that they would reinstate the policy due to this alleged error, he would strike out the case against Ms Moylan.
“Make them pay for it,” he said, adding that she should take action against the company as “other people will be treated badly”.
Mr Sherry said to do so could involve issuing proceedings which Judge Gabbett accepted.
He put the case back to March to allow time for the defendant to engage with the company.