Insurance issue - PLEASE HELP!

Insurance issue - PLEASE HELP!

Author
Discussion

CampDavid

9,145 posts

197 months

Sunday 1st May 2011
quotequote all
Like it or not, legally it's your responsibility to check you're covered. You didn't do that and thus drove uninsured which means you're now being booked for said offence. That's really the bottom line on it.

Andrew above gives the best advice - Get a decent solicitor and see what they can do. As the offence carries 6 points you'll be off to magistrates court anyway.

http://sentencingcouncil.judiciary.gov.uk/docs/web...23_web.pdf

Above is the sentencing guidelines. Genuine misunderstanding is in there. which is probably what I'd go with in the hope of only getting 5 points

Edited by CampDavid on Sunday 1st May 11:36

SS2.

14,455 posts

237 months

Sunday 1st May 2011
quotequote all
CampDavid said:
Above is the sentencing guidelines. Genuine misunderstanding is in there. which is probably what I'd go with in the hope of only getting 5 points
If a court decides to order penalty points (as opposed to a ban) for an offence of using a vehicle without insurance, it cannot impose less than 6.

Noger

7,117 posts

248 months

Sunday 1st May 2011
quotequote all
The DOC cover clause is on your certificate. You know, the one with all the important details. And the one legally that has no "small print". Just prescribed details.


raybentos

Original Poster:

9 posts

154 months

Sunday 1st May 2011
quotequote all
My only hope on the points front is that 3 more of my current points come off on the 18th May, which *hopefully* will be before any court hearing...

To clarify the situation with my insurance, I have just added driving other car cover to my policy for £23... Seems like a stupid situation, I hope my experiences serve as a warning to others to double & triple check exactly what their policy does and does not cover.

I just hope that if all else fails and it does go to court they look at the exact situation as what it is, a complete and genuine misunderstanding on my part....

Deva Link

26,934 posts

244 months

Sunday 1st May 2011
quotequote all
raybentos said:
To clarify the situation with my insurance, I have just added driving other car cover to my policy for £23...
Thanks for that - as I mentioned earlier, I can't recall ever seeing it offered as an option. Who is your insurer, and are you 25 or over?

raybentos said:
Seems like a stupid situation, I hope my experiences serve as a warning to others to double & triple check exactly what their policy does and does not cover.
I doubt it - heated discussions on DOC are an almost daily occurance.

SS2.

14,455 posts

237 months

Sunday 1st May 2011
quotequote all
raybentos said:
My only hope on the points front is that 3 more of my current points come off on the 18th May, which *hopefully* will be before any court hearing...
Sorry to be the bearer, but that wouldn't help because the points to be taken into consideration for totting are those which were present at the time of the offence.

Deva Link

26,934 posts

244 months

Sunday 1st May 2011
quotequote all
SS2. said:
raybentos said:
My only hope on the points front is that 3 more of my current points come off on the 18th May, which *hopefully* will be before any court hearing...
Sorry to be the bearer, but that wouldn't help because the points to be taken into consideration for totting are those which were present at the time of the offence.
I missed that earlier. Ouch.

anonymous-user

53 months

Sunday 1st May 2011
quotequote all
I hear this far too often, 'O its fine I can drive their car / you can drive my car because of fully comp insurance.' 99% of the time when I tell the person to check their policy they discover that they are not covered.

I'm sorry but I doubt there is any way around this, you will end up with 6 point and a fine as insurance cant be backdated. The police will just take the attitued that you should have taken two minutes to read your policy and check it is correct as you are always advised to when taking out a new policy.

raybentos

Original Poster:

9 posts

154 months

Sunday 1st May 2011
quotequote all
My insurer is Admiral and yes Im over 25....

Im guessing that Im going to end up with 6 points of course, I just hope that everything taken into consideration I can persuade the court not to ban me.... Time to get a good motoring law solicitor on board

Deva Link

26,934 posts

244 months

Sunday 1st May 2011
quotequote all
champ54321 said:
I hear this far too often, 'O its fine I can drive their car / you can drive my car because of fully comp insurance.' 99% of the time when I tell the person to check their policy they discover that they are not covered.
DOC causes far too much confusion and it might be better overall if it didn't exist. I've known people be absolutely adamant they had DOC cover because they were a named driver on their parents policy.

Your own cover should allow others to drive in an emergency (as SAGA policies do) but I guess we then get into an argument about what is an "emergency".

saaby93

32,038 posts

177 months

Sunday 1st May 2011
quotequote all
Noger said:
The DOC cover clause is on your certificate. You know, the one with all the important details. And the one legally that has no "small print". Just prescribed details.
Unfortunately a lot of people believe the certficate is waht it says - a certificate of insurance
The certificate willl state the main vehicle they can drive
They assume they have cover to drive anything else by default
( as it used to be)

You could try for page 8 second post down from mel
http://www.pistonheads.com/gassing/topic.asp?h=0&a...


Shaw Tarse

31,543 posts

202 months

Sunday 1st May 2011
quotequote all
raybentos said:
My insurer is Admiral and yes Im over 25....

Im guessing that Im going to end up with 6 points of course, I just hope that everything taken into consideration I can persuade the court not to ban me.... Time to get a good motoring law solicitor on board
I suggest your boss puts his hand in his pocket !

deveng

3,917 posts

179 months

Sunday 1st May 2011
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Shaw Tarse said:
I suggest your boss puts his hand in his pocket !
Why? The OP told his boss he was insured to drive his car and wasn't!

Wayne King

1,100 posts

192 months

Sunday 1st May 2011
quotequote all
Shaw Tarse said:
I suggest your boss puts his hand in his pocket !
In that case then, the bosses at Jagermeister towers owe me a weeks wages to cover the other nights 'dances' which i don't have much recollection of...

Flintstone

8,644 posts

246 months

Sunday 1st May 2011
quotequote all
saaby93 said:
What do insurers hope to achieve by removing what most people expect...?
Prevention of abuse? Reduction of their exposure to unforeseen risk?

Just a couple to be going on with.

raybentos

Original Poster:

9 posts

154 months

Sunday 1st May 2011
quotequote all
I dont blame this on my boss whatsoever and I certainly dont expect him to have to 'put his hand in his pocket'...


As far as he was aware, I was insured. Regardless of my stupidity/ignorance whatever that fact still remains

The blame for this rests squarely with me. I am not of the thinking that I am 'above the law' or expect to be able to get away with this one. I only hope I can perform some 'damage limitation' and retain my licence

saaby93

32,038 posts

177 months

Sunday 1st May 2011
quotequote all
Flintstone said:
saaby93 said:
What do insurers hope to achieve by removing what most people expect...?
Prevention of abuse? Reduction of their exposure to unforeseen risk?
Just a couple to be going on with.
How does it prevent abuse? Instead leaves loads of people with no cover
Is it in any of our interest to have more uninsured drivers on the road?
& isnt risk what insurance is all about wink
Surely the TP risk of the OP driving his boss's car to take him home is low enough it ought be included as it used to be?


Tonberry

2,078 posts

191 months

Sunday 1st May 2011
quotequote all
I have nothing to add other than you were very unlucky. They could have easily checked the vehicle was coshure without pulling you over. It obviously would have came back as Insured, Taxed, and with a valid MOT, but instead they chose to pull you and investigate further.

The only upside is that you found out your policy wasn't valid driving other vehicles without being involved in a RTA.

Good luck.

Noger

7,117 posts

248 months

Sunday 1st May 2011
quotequote all
saaby93 said:
ow does it prevent abuse? Instead leaves loads of people with no cover
Is it in any of our interest to have more uninsured drivers on the road?
& isnt risk what insurance is all about wink
Surely the TP risk of the OP driving his boss's car to take him home is low enough it ought be included as it used to be?
As I have explained on numerous occasions you retarded , in the case of a fault accident the boss's insurer would have been forced to pay. So, actually, to you or I it matters not one jot if he had DoC or not. Someone pays.

Either you don't understand this, and I genuinely feel sorry that you were dropped on your head as a child or whatever is causing your fkwittery; or you are just (as I suspect is true) just being malicious in never wanting to understand because it doesn't suit whatever view you seem to want to cling to.

The OP simply couldn't be bothered to check something that was important to them. Their problem, absolutely nobody else's. And now they are crying like a little girl about it. Hopefully they will grow up a little and take some fking responsibility for their lives in future instead of being a coward and blaming everyone else for their own oversight.

raybentos

Original Poster:

9 posts

154 months

Sunday 1st May 2011
quotequote all
Ha, Im not crying like a little girl.....

Your the one getting all upset like a child! Why hijack a thread with such profanity?

I havent blamed anyone else even once, I only explained the 'story' in the OP to set the scene...