Another "No Insurance" question
Another "No Insurance" question
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Discussion

cazzer

Original Poster:

8,883 posts

279 months

Saturday 8th September 2007
quotequote all
My mate (really) got pulled driving without insurance the other week.
It's not his car, it's his mothers (he's young) and he's on her insurance as a named driver.
She forgot to renew the insurance when it expired (she's a bit dippy like that).
He honestly had no idea the insurance hadn't been renewed as it's his mothers car. It's not even like he could have renewed it even if he knew.
Surely you're not expected to check the insurance certificate every time you go out?
Is he facing points and a fine or will the court look on it like it was, a genuine mistake?

He drives for a living so it matters/
6 points would get him a lost licence as he hasn't had one two years yet.


JustinP1

13,363 posts

261 months

Saturday 8th September 2007
quotequote all
He is screwed. Ignorance is no excuse.

If I drove for a living, my car and insurance would be the front of my mind...

Sorry I can't be more hopeful, but the 6 points is a defo. I would get the retest booked in advance.

TPS

1,860 posts

244 months

Saturday 8th September 2007
quotequote all
Yep bye bye licence.Simple as that im afraid.He should have took it upon himself to make sure he was insured and that it was renewed when it was up for renewal.How do people say they forgot when you get renewal reminders etc confused

Dwight VanDriver

6,583 posts

275 months

Saturday 8th September 2007
quotequote all
Him - using without Insurance.

Mother - Permitting use without Insurance.

dvd

Ravell

1,181 posts

243 months

Saturday 8th September 2007
quotequote all
If he or his mother had an accident, they'd be uninsured. Simple as that.

The insurance company woudn't accept to pay a claim if his mother said "but I meant to have insurance".

As stated before, ignorance is not an excuse!

vonhosen

40,597 posts

248 months

Saturday 8th September 2007
quotequote all
Ravell said:
If he or his mother had an accident, they'd be uninsured. Simple as that.

The insurance company woudn't accept to pay a claim if his mother said "but I meant to have insurance".

As stated before, ignorance is not an excuse!
...unless as defined in statute, but this doesn't qualify.

GPSHead

657 posts

272 months

Saturday 8th September 2007
quotequote all
Although I normally have no sympathy for those driving without insurance, I do in this case. I drove both my parents' cars for 6 months after passing my test, and never once actually checked the insurance. I doubt I'm the only one by a long shot.

It's doubly harsh that the New Drivers' Act applies. I suspect this is actually quite a common situation; many people who have just passed will want to use their parents' cars, and they will quite possibly be young and trusting (naive?) enough not to check the insurance. Their minds will be on other things, such as driving for the first time on their own and not crashing....

Bad luck. I don't think there's a way out. Still, a valuable lesson on how you should check everything and that life is not always fair, with motoring more than most things.

Look on the bright side, at least their licence can only be revoked once....

s2art

18,942 posts

284 months

Saturday 8th September 2007
quotequote all
How long had the insurance lapsed for? IIRC there is some precedent for the insurance still being in force if it is demonstrated that the insuree certainly intended to re-insure and the insurance company had not warned them.

Dwight VanDriver

6,583 posts

275 months

Saturday 8th September 2007
quotequote all
s2art said:
How long had the insurance lapsed for? IIRC there is some precedent for the insurance still being in force if it is demonstrated that the insuree certainly intended to re-insure and the insurance company had not warned them.
That used to be the 14 day extended Cover Note to aloow you to re-new at the expiry of your Certificate. With ANPR Insurance database I understand that this no longer applies.
My Insurers have withdrawn this.

dvd

peterguk

2,622 posts

248 months

Saturday 8th September 2007
quotequote all
cazzer said:
Surely you're not expected to check the insurance certificate every time you go out?
No, but it is normal to know when your insurance and/or MOT expire. All part of being a responsible driver.

Jasandjules

72,674 posts

260 months

Saturday 8th September 2007
quotequote all
peterguk said:
No, but it is normal to know when your insurance and/or MOT expire. All part of being a responsible driver.
Yep, but I imagine most of us have forgotten at one time or another.. I know I have.

TPS

1,860 posts

244 months

Saturday 8th September 2007
quotequote all
Jasandjules said:
peterguk said:
No, but it is normal to know when your insurance and/or MOT expire. All part of being a responsible driver.
Yep, but I imagine most of us have forgotten at one time or another.. I know I have.
Im not saying im perfect,i can forget many things but i have never forgot the above or paying importent things like bills etc.

s2art

18,942 posts

284 months

Saturday 8th September 2007
quotequote all
Dwight VanDriver said:
s2art said:
How long had the insurance lapsed for? IIRC there is some precedent for the insurance still being in force if it is demonstrated that the insuree certainly intended to re-insure and the insurance company had not warned them.
That used to be the 14 day extended Cover Note to aloow you to re-new at the expiry of your Certificate. With ANPR Insurance database I understand that this no longer applies.
My Insurers have withdrawn this.

dvd
You sure? My recollection is that there is precedent. That the ANPR database has not been updated isnt really relevant. I dont think it was to do with the 14 day cover notice, it was associated with a court case that found there was intent to insure but the insurance company hadnt informed the insuree that they were not covered. Cheque got lost in the post or something.

Funk

27,779 posts

240 months

Saturday 8th September 2007
quotequote all
I think it seems a little harsh, but I can see how the rules will be applied.

When I was younger and on parents' insurance, I never once thought to check they'd renewed their policy... I just assumed that - being their car - they'd take care of it all.

Santa Claws

420 posts

231 months

Saturday 8th September 2007
quotequote all
Ravell said:
If he or his mother had an accident, they'd be uninsured. Simple as that.

The insurance company woudn't accept to pay a claim if his mother said "but I meant to have insurance".

As stated before, ignorance is not an excuse!
Exactly.

Always amuses me when people blame everything and everyone, including the system, when it was their OWN INCOMPETENCE that lead to their situation in the first place.

BJWoods

5,018 posts

315 months

Saturday 8th September 2007
quotequote all
that's a bit harsh

I would hope the system - would be reasonable flexible, not to throw the FUll book at him..

say you 17, mum says you are insured as a named driver, mum forgets, let it lapse, it would be a reasonable mitigating circumstance, not an excuse. don't you think.

B

Hooli

32,278 posts

231 months

Saturday 8th September 2007
quotequote all
sounds perfectly reasonable to me. i sure wouldnt have asked to see paperwork to prove i could borrow dad's (as it happens) car. i felt i was lucky enough to be trusted with the car & took my parent's word on the insurance.

Piglet

6,250 posts

286 months

Saturday 8th September 2007
quotequote all
Call me cynical but why do I think the true story went along the lines of Mum saying she'd insure the car for darling child for the first year but when the renewal came up darling child was to insure the car himself in his own name (rather than defrauding the insurers by lying about who the main user of the car was!) and darling child then didn't quite get round to it.

Dizzy mum might be but not insuring her own car?

Sorry, smells a abit to me rolleyes

Towie

14,938 posts

270 months

Saturday 8th September 2007
quotequote all
BJWoods said:
that's a bit harsh

I would hope the system - would be reasonable flexible, not to throw the FUll book at him..

say you 17, mum says you are insured as a named driver, mum forgets, let it lapse, it would be a reasonable mitigating circumstance, not an excuse. don't you think.

B
Yes. I`m sure if you were unfortunate enough to be involved in an accident where a person was maimed, that they would see the funny side of not having a frigging bean for the rest of their lives.

No excuse (though I have done it myeself)

Edited by Towie on Saturday 8th September 23:56

Jules360

1,949 posts

233 months

Saturday 8th September 2007
quotequote all
TPS said:
Jasandjules said:
peterguk said:
No, but it is normal to know when your insurance and/or MOT expire. All part of being a responsible driver.
Yep, but I imagine most of us have forgotten at one time or another.. I know I have.
Im not saying im perfect,i can forget many things but i have never forgot the above or paying importent things like bills etc.
Get out a bit more often mate