Man fined for using fake no-claims bonus to buy car insurance twice in a month

The judge said it was unlikely an unknown broker was submitting false documents on his behalf without his knowledge 'like Santa Claus' to reduce his car insurance premiums

The accused was using the fake no-claims bonus to get a discount on the policy price of more than €500. File photo

A motorist who used a forged no-claims bonus document to obtain cheaper car insurance has been convicted in the district court of committing the same offence twice within a month.

Inspector Roisín O'Dea told Skibbereen District Court that Vytautas Eidukas, aged 45, of Anne St, Newbridge, Co Kildare, was charged with using a false instrument on two occasions in 2021.

Witness Brian Mahon, a counter-fraud officer with RSA Insurance, told the court that an application for car insurance was made online though RSA subsidiary 123 on September 11, 2021. The application was made in the name of Vytautas Eidukas and a policy was issued subject to the applicant providing driving licence and no-claims bonus details within 10 days.

Mr Mahon said the supporting documents were submitted online on September 19 but the no-claims bonus certificate purporting to come from Axa insurance could not be verified. Mr Mahon said the policy was then cancelled and Eidukas was refunded his deposit. He said a full no-claims bonus would have led to a discount on the policy price of more than €500.

Witness Keith Barr, senior litigation manager with Liberty Insurance, told the court his company received an application from Eidukas on October 5, 2021, but again when the no-claims bonus certificate was submitted it was found to be invalid and the policy was cancelled. 

He told the court that the policy Eidukas took out would have cost a total of €1,1491.98 but with the no-claims and online discount it would have cost €976.10, a discount of €515.

Giving evidence, fraud investigator with Axa Insurance, Colm Featherstone, said the no-claims document provided to both insurers was not issued by Axa. He said the policy number quoted was for a non-existent policy and the vehicle was never insured by them.

Detective Garda DJ O’Shea said he interviewed Eidukas at Leixlip Garda Station where the accused told him that he was living in Caheragh, Drimoleague, in 2021. Eidukas said he “just called to get cheap insurance” through a broker. 

Eidukas said he could not name the broker but he was male. When shown the fake no-claims document he said he had never see it before.

Defence solicitor, Flor Murphy, asked Judge Joanne Carroll for direction on the matter of the specific dates of charges. He said the charges referred to the dates Eidukas had applied for the insurance but not the dates he had allegedly sent a false instrument. Judge Carroll said that though technically speaking Mr Murphy was right the court had wide discretion to amend dates where appropriate, and she did so with the two charges to cover the inclusive dates of the alleged offences.

Mr Murphy said Eidukas looked after his 17-year-old daughter whose mother had recently died. He said his client worked in traffic management for road construction projects. The court was told that Eidukas had one previous conviction from 2019 for attempting to drive a vehicle while intoxicated.

Judge Carroll said she had no doubt that Eidukas had deliberately set out to defraud the two insurance companies by submitting a false instrument. She said it was unlikely an unknown broker was submitting false documents on his behalf without his knowledge “like Santa Claus” to reduce his car insurance premiums.

Eidukas was convicted on both counts and fined a total of €1,000 with six months to pay the fines. Recognisance for appeal was fixed at €100 cash on each charge.

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