Donegal man with fraudulent insurance policy said he was helping a US cousin

A man who used a no claims bonus certificate to obtain a second insurance policy after claiming that the vehicle on the initial policy had been sold has been convicted of fraud. 

Sean Forker, 54, of Saltpans, Dungloe, was before the March sitting of An Clochan Liath / Dungloe District Court. He admitted that on September 2, 2022, he dishonestly induced Aviva Insurance Western Distributor Road, Knocknacarra, Galway. The offence is contrary to Section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

Inspector Seamus McGonigle told the court that on the date in question, Aviva Insurance became aware of a fraudulent application for an insurance policy. 

“Sean Forker obtained insurance for a motor vehicle,” said the inspector. He mirrored a no claims bonus. 

“A no claims bonus can only be used in respect of one policy.

“He obtained an insurance certificate for a second vehicle. He said he sold his first vehicle, but hadn’t.

“Mr Forker obtained the second insurance on the other vehicle as he said, as a favour for a friend who had returned from the US.”

The court heard that the insurance company only became aware of the fraud when Forker renewed his policy with the original vehicle. Gardaí were notified, and the defendant attended for interview.

Solicitor for the accused, Robert Ryan said his client had his own insurance policy with his wife as a named driver.

“His cousin was coming from the US for a wedding and wanted to have a vehicle,” said Mr Ryan. “Insurance would have been very expensive. 

“My client went online, got a policy with his cousin as a named driver, and he used his no claims bonus.

Mr Ryan said the defendant was a carer for one of his children. 

“He is apologetic,” said the solicitor. “He didn't realise the seriousness of it. He had no idea that he could be in court as a result of this type of offence.”

Judge Emile Daly said there was an obligation to be candid and honest when taking out an insurance policy. 

“Essentially this matter is fraudulent activity,” she said. “It was a thought-out scenario that was created by the accused. He was attempting to get the benefit of a lower premium; not for his own benefit but nonetheless it was a thought-out fraud, not an opportunistic theft, so it is relatively serious.”

The court heard that the defendant had one previous conviction for driving without insurance, going back to 2007, and no previous theft-related convictions. 

Penalties for the offence before the court are up to €5,000 or 12 months in prison. 

The judge acknowledged that Forker had pleaded guilty, had no recent convictions and had not come to garda attention since the offence was committed.

However, Judge Daly said: “Regarding the explanation that he didn’t realise the seriousness of it, it is hard to believe that he didn’t realise what he was doing. It is a thought-out thing.”

She imposed a fine of €750, to be paid within six months.