Author Topic: Allowing Uninsured Driver to Drive Car.  (Read 1132 times)

0 Members and 0 Guests are viewing this topic.

ManxTom

  • Full Member
  • ***
  • Posts: 183
  • Karma: +1/-0
    • View Profile
Re: Allowing Uninsured Driver to Drive Car.
« Reply #15 on: July 23, 2024, 06:07:45 pm »

... In the meantime, i'd get the driver to ask for a recording from the insurance company from when they phoned and confirmed drive other car was in place. The key word is 'permitting' you did not permit it, teh driver not only told you they was insured they took additional steps to check they was insured. That is not a defence for them, but it is a defence point for you...

Isn't it a problem that the US insurance company never cofirmed that the OP's sister was covered because - for some God unknown reason - she never thought to mention she was visiting the UK and that that was where the cover was needed?  Any recording from the insurance company is likely to confirm that she wasn't covered rather than that she was.

I'm all for the OP pleading not guilty - if charged with permitting to drive without insurance - on the basis that his sister assured him that she was covered and he had no reason to disbelieve her.  But I don't think a recording from the US insurer is likely to help that plea.

I'd also be concerend that a court might consider that most UK drivers would know that a US policy would not cover someone driving in the UK.

(If I were the OP I'd want my sister to pay any fines and increased costs stemming from this...)

NewJudge

  • Hero Member
  • *****
  • Posts: 665
  • Karma: +27/-0
    • View Profile
Re: Allowing Uninsured Driver to Drive Car.
« Reply #16 on: July 23, 2024, 06:37:57 pm »
Quote
...The key word is 'permitting' you did not permit it,...

So was the vehicle taken without consent, then?

andy_foster

  • Global Moderator
  • *****
  • Posts: 1096
  • Karma: +24/-21
  • Location: Reading
    • View Profile
Re: Allowing Uninsured Driver to Drive Car.
« Reply #17 on: July 23, 2024, 06:53:00 pm »
It's not boolean ("binary" now has it's own meaning).
If the OP's sister believed that she was insured, then she believed that the implied condition of the permission was satisfied and therefore believed that she had his consent. Whether she would be able to understand the previous sentence is another matter.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

The Rookie

  • Hero Member
  • *****
  • Posts: 529
  • Karma: +12/-1
  • Gender: Male
  • Location: Warwickshire
    • View Profile
Re: Allowing Uninsured Driver to Drive Car.
« Reply #18 on: July 24, 2024, 11:40:57 am »
It would help, if you intend to defend it, to get a witness statement from the driver explaining her side of things.  The problem is that the prosecution may contest the statement which would require her to attend but if it was kept fairly neutral and not make too many assertions it would help the case I think and may be less likely to be contested.
There are motorists who have been scammed and those who are yet to be scammed!