Clarification of insurance position.
Clarification of insurance position.
Author
Discussion

KungFuPanda

Original Poster:

4,641 posts

200 months

Tuesday 24th October 2017
quotequote all
So I was a bit bored today and decided to see if the Police would bite on a hypothetical situation on Twitter...





Seems like the Police themselves aren't sure of the legal position on insurance certificates.

AlexRS2782

8,521 posts

243 months

Wednesday 25th October 2017
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"...could of cancelled..." - ugh bangheadcophehegetmecoat

PorkInsider

6,608 posts

171 months

Wednesday 25th October 2017
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AlexRS2782 said:
"...could of cancelled..." - ugh bangheadcophehegetmecoat
First thing I thought, too!

It's not difficult, is it?

dacouch

1,172 posts

159 months

Wednesday 25th October 2017
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Amusing that you picked GMP.

If you are not already aware of GMP v Pryor it is worth a read


http://www.legalknowledgescotland.com/?p=263

tigger1

8,476 posts

251 months

Wednesday 25th October 2017
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I thought that if somebody shows a certificate, it's presumed genuine?

OK - having read that case above, that seems to be the case - police should take a certificate at face value if one is shown. I'm sure they do that /all/ the time...and would never just turn round and say "don't believe you mate".</sarcasm>

TooMany2cvs

29,008 posts

156 months

Wednesday 25th October 2017
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tigger1 said:
I thought that if somebody shows a certificate, it's presumed genuine?
It certainly shouldn't be.

Forgeries apart, in these days of emailed PDFs, it's a doddle to have a cert that's not valid.

ashleyman

7,284 posts

129 months

Wednesday 25th October 2017
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tigger1 said:
I thought that if somebody shows a certificate, it's presumed genuine?

OK - having read that case above, that seems to be the case - police should take a certificate at face value if one is shown. I'm sure they do that /all/ the time...and would never just turn round and say "don't believe you mate".</sarcasm>
Most Police don’t care if you’ve a print out or not as you ‘could have just made it and printed it off yourself at home’

I used to print out all my stuff but after being told it was worthless I stopped bothering. They wanna find out if I have insurance they can do the work. I don’t even make an effort to remember who I’m insured with now. Docs get saved on my phone at renewal as a last just in case. Other than that they’re on their own.

speedking31

3,931 posts

166 months

Wednesday 25th October 2017
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TooMany2cvs said:
Forgeries apart, in these days of emailed PDFs, it's a doddle to have a cert that's not valid.
Not if you've just stolen the car.

Also the forgery is only of use if its out of hours and the vehicle is not on the MID. If crims are spending their time making convincing false certificates that are rarely useful then they're not out robbing, win-win.

Kuji

785 posts

152 months

Wednesday 25th October 2017
quotequote all

First reply from the plod, to the 4.00am scenario seems logical to me.

If its on the system, then happy days.

If its not on the system, but its a new policy start date then they take that document.

If ifs not on the system, but its an older starting date policy, then it should be considered suspicious and a risk assessment of some form taken.

TooMany2cvs

29,008 posts

156 months

Wednesday 25th October 2017
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speedking31 said:
TooMany2cvs said:
Forgeries apart, in these days of emailed PDFs, it's a doddle to have a cert that's not valid.
Not if you've just stolen the car.
For a car that's just been nicked, and so isn't flagged as stolen, surely the odds are that it's on MID?

Dog Star

17,610 posts

198 months

Wednesday 25th October 2017
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TooMany2cvs said:
tigger1 said:
I thought that if somebody shows a certificate, it's presumed genuine?
It certainly shouldn't be.

Forgeries apart, in these days of emailed PDFs, it's a doddle to have a cert that's not valid.
It definitely shouldn't be - re. my thread recently in SP&L about some gentleman - a Mr Aslam - who bought an RX8 and didn't register it, but simply insured it (using, I'm assuming stolen CC details?) online in my name with him as a named driver. Obviously because he's on 11 points (as told to me by GMP, evidently he is "known to them") he's proceeded to still be a criminal tt and picked up speeding and parking tickets which, because the car isn't registered, have then defaulted and gone to the insured person (ie me). This person has an insurance certificate - in fact a quick askmid shows it as insured, so he just rolls out a new insurance policy every few days when the inscos cancel it - he won't flag ANPR because of insurance at any rate.

HantsRat

2,409 posts

138 months

Wednesday 25th October 2017
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The way I work when no insurance shown is:

Ask to produce certificate

If produced but still shown as no insurance, ring MIB/Insurance company if in working hours to confirm. If out of hours then report driver for no insurance and follow up with MIB in morning once the insurance company is open. If it turns out they were not insured, they are reported for no insurance.

If no certificate is provided but they state they just purchased the car or renewed, issue a notice for them to produce certificate within 7 days. If they fail to produce or they were not insured at the time they are reported for no insurance.

If they are stating they are driving under another policy on another vehicle, ask for reg of that vehicle and run checks, ring MIB to check they are insured to drive other cars and whether the other car requires it's own insurance policy in place.

The amount of people that ring up taking out insurance after being stopped is staggering. They really think we won't notice a policy was taken out 15 mins after a stop.

KungFuPanda

Original Poster:

4,641 posts

200 months

Wednesday 25th October 2017
quotequote all
HantsRat said:
The way I work when no insurance shown is:

Ask to produce certificate

If produced but still shown as no insurance, ring MIB/Insurance company if in working hours to confirm. If out of hours then report driver for no insurance and follow up with MIB in morning once the insurance company is open. If it turns out they were not insured, they are reported for no insurance.

If no certificate is provided but they state they just purchased the car or renewed, issue a notice for them to produce certificate within 7 days. If they fail to produce or they were not insured at the time they are reported for no insurance.

If they are stating they are driving under another policy on another vehicle, ask for reg of that vehicle and run checks, ring MIB to check they are insured to drive other cars and whether the other car requires it's own insurance policy in place.

The amount of people that ring up taking out insurance after being stopped is staggering. They really think we won't notice a policy was taken out 15 mins after a stop.
That’s a sensible response and one by which I would be happy to be dealt with by. Is there any circumstance where you’d seize a car where the owner has a certificate but no other evidence of valid insurance?

HantsRat

2,409 posts

138 months

Wednesday 25th October 2017
quotequote all
KungFuPanda said:
That’s a sensible response and one by which I would be happy to be dealt with by. Is there any circumstance where you’d seize a car where the owner has a certificate but no other evidence of valid insurance?
If it obviously a fake yes.

Most people have online banking these days too which can tally up with the date on their certificate to prove payment. I've asked people to show me direct debits etc at the roadside from banking apps too.

anonymous-user

84 months

Wednesday 25th October 2017
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HantsRat said:
The amount of people that ring up taking out insurance after being stopped is staggering. They really think we won't notice a policy was taken out 15 mins after a stop.
We get this all the time. It's a real ballache.


The scam of the moment is for someone to buy a policy that gives access to the MID - normally a motor trade policy.

They then do one of two things - add some of their mates reg numbers so they appear on the database (but are uninsured) or the real clever charlies set up as a "ghost" insurance broker - make a nice set of documents and sell a few policies. At one or 2k a policy you can shift quite a few through facebook before you are caught.


mickmcpaddy

1,445 posts

135 months

Wednesday 25th October 2017
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If the cert is valid and they show it, its game over and if you seize the vehicle because you 100% believe its not insured and it turns out to be then its compo time for the driver.

Question is, at 3am if you are 100% certain he or she is not insured, how do you prove the cert is not valid?

Eddieslofart

1,328 posts

113 months

Wednesday 25th October 2017
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Had similar last year. Pulled cert mailed by insurer from phone mails, showed officer, he was happy.

Do not all policies get mailed over nowadays ?

dacouch

1,172 posts

159 months

Thursday 26th October 2017
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desolate said:
We get this all the time. It's a real ballache.


The scam of the moment is for someone to buy a policy that gives access to the MID - normally a motor trade policy.

They then do one of two things - add some of their mates reg numbers so they appear on the database (but are uninsured) or the real clever charlies set up as a "ghost" insurance broker - make a nice set of documents and sell a few policies. At one or 2k a policy you can shift quite a few through facebook before you are caught.
y

Ghost brokers generally do not print "fake" certificates. The normal m.o is to ring up an insurer such as direct line and take out a policy in the victims name (driver) with a very low rated post code and a much older age and without declaring convictions etc. DL then send documents to ghost broker and they just send the victim the certificate.

If the victim checks mid the car shows as being insured