Motorist knew insurance shown to police had been cancelled

Published: 22 Apr 2014 09:00

A 47-year-old factory worker has admitted fraudulently using a certificate of car insurance by showing it to the police, knowing it had been cancelled.



James West, of Lurganboy Park, Newtownbutler, also admitted failing to return the certificate to the Liberty Insurance company and driving without insurance.

He was fined £400 and given eight penalty points.

District Judge Nigel Broderick said that "given the current economic climate" he would not interfere with West's employment by disqualifying him from driving.

However, he warned him that if he appears in court again for driving without insurance "job or no job, you will lose your licence".

A prosecutor told Fermanagh Court that at approximately 4.40pm on Friday, October 4, last year, police saw West driving a Citroen C4 on the Dublin Road in Enniskillen. They checked on their computer and the car was not insured. They stopped and spoke to West who produced a certificate of insurance valid for that date. However, when the police contacted Liberty Insurance the company said the policy had been cancelled due to a failed payment. It said it had written to West three months earlier, on June 21, telling him the insurance had been cancelled, and again in July, requesting him to return the certificate.

Defence barrister Steffan Rafferty said West "simply overlooked the letters that came to the house". He accepted he should have checked and was foolish in not doing so. He had become unemployed and "fallen on hard times". The insurance payments fell into arrears. He paid the arrears and the policy was cancelled and a new policy issued. However, the payments on that policy also fell into arrears. At the time he was stopped he believed he was still insured.

The District Judge asked: "Why did he think he was insured when he hadn't paid the premium?"

Mr. Rafferty said West thought he had a month's grace.

"When he proffered the certificate of insurance he believed it was valid but in hindsight accepts he wasn't insured," the barrister stated.

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