Pulled over for tints-Getting 6 points for invalid insurance

Pulled over for tints-Getting 6 points for invalid insurance

Author
Discussion

fflump

1,460 posts

40 months

Sunday 19th May
quotequote all
autoshop213 said:
Super Sonic said:
Don't think 'having correct insurance on another car' cuts any ice. Either you updated your insurance to cover the car you drove to work or you didn't. If you did, you will be able to prove it and appeal.
I updated my insurance within the hour and I have paperwork to prove it. Is this a good case for appeal then? It was a genuine mistake as I didn't even remember that the insurance didn't cover commuting.
The law makes no exceptions for “mistakes”. You were driving without proper insurance when stopped by the police. It’s not difficult to understand-you have no grounds for appeal. The fact that you updated your insurance after being caught is totally irrelevant as well.

Edited by fflump on Sunday 19th May 22:47

Super Sonic

5,346 posts

56 months

Sunday 19th May
quotequote all
autoshop213 said:
I updated my insurance within the hour and I have paperwork to prove it. Is this a good case for appeal then? It was a genuine mistake as I didn't even remember that the insurance didn't cover commuting.
Within the hour AFTER being stopped?
IANAL, but it's not looking good.
Agtlaw would be better to advise on this.

Sebring440

2,088 posts

98 months

Sunday 19th May
quotequote all
Super Sonic said:
Agtlaw would be better to advise on this.
Not for a while. He's still rolling on the floor laughing.


autoshop213

Original Poster:

5 posts

9 months

Sunday 19th May
quotequote all
Super Sonic said:
Within the hour AFTER being stopped?
IANAL, but it's not looking good.
Agtlaw would be better to advise on this.
Yes I did it as soon as I could. Also why did the police let me drive to the local mcdonalds to update my insurance?

ConnectionError

1,849 posts

71 months

Sunday 19th May
quotequote all
autoshop213 said:
Super Sonic said:
Within the hour AFTER being stopped?
IANAL, but it's not looking good.
Agtlaw would be better to advise on this.
Yes I did it as soon as I could. Also why did the police let me drive to the local mcdonalds to update my insurance?
They used their discretion so the car didn’t get ceased and you could continue your journey.

Super Sonic

5,346 posts

56 months

Sunday 19th May
quotequote all
autoshop213 said:
Yes I did it as soon as I could. Also why did the police let me drive to the local mcdonalds to update my insurance?
Wait WHAT?
I'm starting to think you dreamt the whole thing!

Sebring440

2,088 posts

98 months

Sunday 19th May
quotequote all
autoshop213 said:
why did the police let me drive to the local mcdonalds to update my insurance?]
autoshop213 said:
I updated my insurance within the hour
rofl

OMG, this is comedy gold!

Did it really take you an hour to get through a Big Tasty and fries before you thought you'd better contact your insurance company to inform them of your stupidity?

E63eeeeee...

4,012 posts

51 months

Sunday 19th May
quotequote all
autoshop213 said:
Super Sonic said:
Within the hour AFTER being stopped?
IANAL, but it's not looking good.
Agtlaw would be better to advise on this.
Yes I did it as soon as I could. Also why did the police let me drive to the local mcdonalds to update my insurance?
Maybe stop buying motor insurance from fast food restaurants. It doesn't seem to be working out.

Heathwood

2,585 posts

204 months

Sunday 19th May
quotequote all
I’m starting to suspect this did not happen.

Sebring440

2,088 posts

98 months

Sunday 19th May
quotequote all
Heathwood said:
I’m starting to suspect this did not happen.
^^^^ This.


Super Sonic

5,346 posts

56 months

Sunday 19th May
quotequote all
Heathwood said:
I’m starting to suspect this did not happen.
Same.

NRG1976

1,135 posts

12 months

Sunday 19th May
quotequote all
Smells of troll tbh.

That said, I hope it did happen as stupid tints and lack of insurance need punishing.

GT9

6,953 posts

174 months

Sunday 19th May
quotequote all
autoshop213 said:
5-0 let me drive to the local McDonalds
To let you show off the sick tints bro.

What kind of a 'shop' only stocks illegal tints anyway?

Is this where we find out you tinted the windscreen and front windows...

essayer

9,125 posts

196 months

Sunday 19th May
quotequote all
Dog Star said:
I know this because this year I’ve removed commuting from all but one of our cars and bikes… I get the train on the rare dates I go in.
But do you drive/ride to the station? That’s also commuting

thejaywills

394 posts

109 months

Sunday 19th May
quotequote all
absolute nitpicking but iif it were me I'd have probably taken the day off after this had happened and said I wasnt commuting, I had a day off but was going to work to pick up a personal item that I must have forgotten the day before.

the insurance game seems to be as crazy as ever in the UK - but I guess the higher the population the bigger the games and the more fun they have enforcing it.

Gericho

156 posts

5 months

Sunday 19th May
quotequote all
The lesson to learn is never answer police questions. Where are you heading to? should be met with a swift "none of your business"

e-honda

9,028 posts

148 months

Monday 20th May
quotequote all
Insurance ombudsman have an interesting answer to this little racket which commuting cover could have been included for little or no extra cost.
https://www.financial-ombudsman.org.uk/decision/DR...

They now take the position that if you didn't select commuting cover by mistake or because you didn't think you needed it, then that is a qualifying misrepresentation, which is normally a bad thing, it means if the insurer would have insured you on different terms then they should be the terms, which normally means more restrictive, but in this case less so.
And when dealing with a claim they must pay out proportionately, which in many cases is 100% because often there is no additional cost for adding commuter cover, its just an excuse for them to try and provide less cover for the same money if you tick the wrong box.

I would suggest getting a lawyer, but basically you need to argue that you negligently didn't disclose the possibility that you would occasionally use your 2nd vehicle to travel to work and as a qualifying misrepresentation under CIDRA the terms of your insurance should be based on if you had disclosed that usage which would have included cover for commuting.

Hugo Stiglitz

37,358 posts

213 months

Monday 20th May
quotequote all
e-honda said:
Insurance ombudsman have an interesting answer to this little racket which commuting cover could have been included for little or no extra cost.
https://www.financial-ombudsman.org.uk/decision/DR...

They now take the position that if you didn't select commuting cover by mistake or because you didn't think you needed it, then that is a qualifying misrepresentation, which is normally a bad thing, it means if the insurer would have insured you on different terms then they should be the terms, which normally means more restrictive, but in this case less so.
And when dealing with a claim they must pay out proportionately, which in many cases is 100% because often there is no additional cost for adding commuter cover, its just an excuse for them to try and provide less cover for the same money if you tick the wrong box.

I would suggest getting a lawyer, but basically you need to argue that you negligently didn't disclose the possibility that you would occasionally use your 2nd vehicle to travel to work and as a qualifying misrepresentation under CIDRA the terms of your insurance should be based on if you had disclosed that usage which would have included cover for commuting.
No. It can be considerably more. Depending on the vehicle and other driver/location factors.


In addition 'commuting' is to ONE place of work (usually your main).

If you occasionally or rarely pop to another location you still need 'for business'.

Again that's more.


People do try to get away with playing with their quote to get a lower figure.

Sheepshanks

33,147 posts

121 months

Monday 20th May
quotequote all
e-honda said:
Insurance ombudsman have an interesting answer to this little racket which commuting cover could have been included for little or no extra cost.
https://www.financial-ombudsman.org.uk/decision/DR...

They now take the position that if you didn't select commuting cover by mistake or because you didn't think you needed it, then that is a qualifying misrepresentation, which is normally a bad thing, it means if the insurer would have insured you on different terms then they should be the terms, which normally means more restrictive, but in this case less so.
And when dealing with a claim they must pay out proportionately, which in many cases is 100% because often there is no additional cost for adding commuter cover, its just an excuse for them to try and provide less cover for the same money if you tick the wrong box.

I would suggest getting a lawyer, but basically you need to argue that you negligently didn't disclose the possibility that you would occasionally use your 2nd vehicle to travel to work and as a qualifying misrepresentation under CIDRA the terms of your insurance should be based on if you had disclosed that usage which would have included cover for commuting.
This would be useful if he had crashed and was claiming but that’s not what’s happening here.

It would be worth asking his insurer if they would agree to be held liable in the OPs circumstances, and if they say yes then try and get the penalty cancelled. A vaguely similar thing happened to a mate of mine and his insurer said no.

Puddenchucker

4,166 posts

220 months

Monday 20th May
quotequote all
Hugo Stiglitz said:
In addition 'commuting' is to ONE place of work (usually your main).

If you occasionally or rarely pop to another location you still need 'for business'.
My SDP+commuting policy states ".. and for travel to and from a place of paid employment".
No restriction on the number of locations.