Got pulled for no insurance - Help!!
Discussion
Hi gang, run into a problem this evening and hoping for some advice.
Passed a Police car going the other way earlier, two minutes later it was behind me and pulled me over. My car had flagged up on their ANPR as not insured. I was not unduly concerned at this point as I could remember changing my insurance on the regular date of Jan 7th. Whilst the people on the other end of the officers phone were liasing with Hastings Direct, I told them how I distinctly remembered them asking for a 'proof of no-claims discount' and how i had signed a declaration form with my previous insurers details and posted it back to them. This is where alarm bells started to ring.
It seems that they (The insurers) cancelled the policy on February 5th as apparently this never reached them or never got to the right department. After initially returning the dclaration I heard no more and as a result thought no more about it.
I would like to state that at no point have I received any notification that this had happened. I spoke with my (former) insurers once I got home. The lady on the phone said that their records showed a letter was sent on January 29th giving me 7 days notice of cancellation if they never heard from me, another on February 5th advising me that it had been cancelled and a refund to my bank account. As I said above, I received neither of these letters. However I checked my online banking and a refund was paid into my bank on February 24th which was 20 days after the cancellation, I admit that I missed this at the time and have no excuse for that.
Having gone through all my policy paperwork, it has a form stating my preferred methods of contact. It clearly states I can be contacted by letter, e-mail, telephone or SMS. I was told of the cancellation by none of these methods.
Also in the policy documents it states that the proof of no claims is required 'for their records'. Nowhere does it state that cover is issued subject to this being provided and may otherwise be cancelled.
Back to this evening, my car has been impounded at a cost of £20 per day plus a £150 release fee. This is obviously on top of the £200+6 points fixed penalty. The officers, about whom I have to say I have no complaints or argument with, were very sympathetic however their hands were tied as no insurance is a very black and white affair at the scene.
Has anybody had experience of anything like this, and what action I could possibly take? Also am I better off taking a gamble on going to court to explain the circumstances or will it make things worse? Do I have a case against the insurers and would it help clear my name?
Any help or advice would be extremely well received, many thanks in advance.
Cheers, Darren.
edited to add detail
Passed a Police car going the other way earlier, two minutes later it was behind me and pulled me over. My car had flagged up on their ANPR as not insured. I was not unduly concerned at this point as I could remember changing my insurance on the regular date of Jan 7th. Whilst the people on the other end of the officers phone were liasing with Hastings Direct, I told them how I distinctly remembered them asking for a 'proof of no-claims discount' and how i had signed a declaration form with my previous insurers details and posted it back to them. This is where alarm bells started to ring.
It seems that they (The insurers) cancelled the policy on February 5th as apparently this never reached them or never got to the right department. After initially returning the dclaration I heard no more and as a result thought no more about it.
I would like to state that at no point have I received any notification that this had happened. I spoke with my (former) insurers once I got home. The lady on the phone said that their records showed a letter was sent on January 29th giving me 7 days notice of cancellation if they never heard from me, another on February 5th advising me that it had been cancelled and a refund to my bank account. As I said above, I received neither of these letters. However I checked my online banking and a refund was paid into my bank on February 24th which was 20 days after the cancellation, I admit that I missed this at the time and have no excuse for that.
Having gone through all my policy paperwork, it has a form stating my preferred methods of contact. It clearly states I can be contacted by letter, e-mail, telephone or SMS. I was told of the cancellation by none of these methods.
Also in the policy documents it states that the proof of no claims is required 'for their records'. Nowhere does it state that cover is issued subject to this being provided and may otherwise be cancelled.
Back to this evening, my car has been impounded at a cost of £20 per day plus a £150 release fee. This is obviously on top of the £200+6 points fixed penalty. The officers, about whom I have to say I have no complaints or argument with, were very sympathetic however their hands were tied as no insurance is a very black and white affair at the scene.
Has anybody had experience of anything like this, and what action I could possibly take? Also am I better off taking a gamble on going to court to explain the circumstances or will it make things worse? Do I have a case against the insurers and would it help clear my name?
Any help or advice would be extremely well received, many thanks in advance.
Cheers, Darren.
edited to add detail
Edited by LikesBikes on Wednesday 14th April 21:42
Paid in full at the time of taking out the policy. Was hoping that the refund hadn't happened, however it had. It was 20 days after the policy was cancelled and well over a month after the request for the proof of NCD.
Unfortunately I failed to notice this at the time.
Unfortunately I failed to notice this at the time.
Edited by LikesBikes on Wednesday 14th April 21:55
LikesBikes said:
williamp said:
Tough break, but surely you must have worried when you didnt get the full details through, just the temporary cover note?
I had already received the certificate. Nowhere on the certificate does it state that cover is issued subject to the proof of no-claims?Dave_M said:
It wouldn't say on the certificate as that is proof of the agreement. Proof of no-claims comes before that, e.g. just after the quote (I think).
Thats what I'm not sure of, having scrutinised all of the documents received with the certificate I can find no mention of this anywhere2 sMoKiN bArReLs said:
Thankfully you're not trying to make a claim, just sort out admin. As this is the case, won't the insurer take your refunded cash back & resurrect the policy? It's no skin off their nose, and they get the business?
The girl is passing it onto the cancellations department, who had finished at 5 o'clock. Apparently they might ring me tomorrow if I'm lucky although more likely they'll just send me a letter. I wouldn't have thought they can backdate the cover as it was cancelled rather than suspended. It's a nice idea that I had earlier, however I can't see it happening as the ticket has already been issued.
Cheers gents
Edited by LikesBikes on Wednesday 14th April 22:35
Did you receive a request for proof of NCD, if so had you provided proof of the same.
Any complaint you have with the insurance company, re cancellation of the cover/policy, should be directed via the Insurance Ombudsman.
Incidentally I have recently taken out several motor insurance policies, where after making payment and receiving temporary cover note, I have then been asked to provide either proof/support for NCD, or to make a declaration on limited personal annual mileage.
Any complaint you have with the insurance company, re cancellation of the cover/policy, should be directed via the Insurance Ombudsman.
Incidentally I have recently taken out several motor insurance policies, where after making payment and receiving temporary cover note, I have then been asked to provide either proof/support for NCD, or to make a declaration on limited personal annual mileage.
Same happened here
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
It looks as though the police are tightening up on the uninsured by using ANPR and the ASKmid database so as to discover uninsured drivers.
No-ones realised lackof insurance might be due to insurance companies
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
It looks as though the police are tightening up on the uninsured by using ANPR and the ASKmid database so as to discover uninsured drivers.
No-ones realised lackof insurance might be due to insurance companies
Wings said:
Did you receive a request for proof of NCD, if so had you provided proof of the same.
Any complaint you have with the insurance company, re cancellation of the cover/policy, should be directed via the Insurance Ombudsman.
Incidentally I have recently taken out several motor insurance policies, where after making payment and receiving temporary cover note, I have then been asked to provide either proof/support for NCD, or to make a declaration on limited personal annual mileage.
Once I received the full certificate, I was asked to provide this NCD. My previous insurer failed to provide one despite my specific request. I received the reminder which said I could 'complete and sign the enclosed declaration' instead. I did this and returned it. As I said after posting it, I heard no more and thought no more of it. First I knew of it was when I was sat in the back of the Police car.Any complaint you have with the insurance company, re cancellation of the cover/policy, should be directed via the Insurance Ombudsman.
Incidentally I have recently taken out several motor insurance policies, where after making payment and receiving temporary cover note, I have then been asked to provide either proof/support for NCD, or to make a declaration on limited personal annual mileage.
Many thanks, really do appreciate all comments.
I dont know how this works - my mate was lucky he didnt get pulled in the other thread
Since the insurance company are claiming you had no insurance then (unless you had some other cover somehow )then the police are right you have no isnurance therefore the points and fine follows
I'd have thought that the only way of saying otherwise is showing that you had a contract with the insurance for cover and they'd made a mistake or defaulted and therefore you did have insurance.
Wouldnt unfair contract terms come into this?
There does seem to be a hole appearing in the system and too many people are falling into it.
Insurers are able to cancel (or not renew) insurance without making sure that you know its been cancelled
Since the insurance company are claiming you had no insurance then (unless you had some other cover somehow )then the police are right you have no isnurance therefore the points and fine follows
I'd have thought that the only way of saying otherwise is showing that you had a contract with the insurance for cover and they'd made a mistake or defaulted and therefore you did have insurance.
Wouldnt unfair contract terms come into this?
There does seem to be a hole appearing in the system and too many people are falling into it.
Insurers are able to cancel (or not renew) insurance without making sure that you know its been cancelled
Edited by saaby93 on Wednesday 14th April 23:48
Thats what the Police Officers said, although they sympathised with me and could see exactly what had happened, I was driving without insurance and as such received the fixed penalty for the offence.
What I'm hoping for is that somehow I can get something to take to court to use in mitigation to avoid the conviction or at least reduce the penalty. I drive for a living and any points on my license for such a serious offence won't impress my employers. The points and codes won't show the unfortunate sequence of events that led to the conviction and I will be regarded as a criminal by anyone who has cause to look at my license.
LikesBikes said:
Thats what the Police Officers said, although they sympathised with me and could see exactly what had happened, I was driving without insurance and as such received the fixed penalty for the offence.
What I'm hoping for is that somehow I can get something to take to court to use in mitigation to avoid the conviction or at least reduce the penalty.
Cant see that working, they'll see you were uninsured and thats the end of it.What I'm hoping for is that somehow I can get something to take to court to use in mitigation to avoid the conviction or at least reduce the penalty.
You have to go back and find out if there's any avenue that the insurers have made a mistake in cancelling the insurance without checking that you know
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