3. Caught without third party insurance
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Author Topic: Caught without third party insurance  (Read 594 times)

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Re: Caught without third party insurance
« Reply #15 on: »
Quote from: peodude on Yesterday at 04:25:43 pm
Just so it's clear, as well as contacting your own personal insurance, get your father in law to contact his business insurance incase you have cover on that side instead.


Yeah will do dude. Hoping for the best. I like to think that I have some mitigating circumstances, just have to hope the court decide not to punish me harshly!
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Re: Caught without third party insurance
« Reply #16 on: »
I doubt this will go to court, a fixe penalty is the usual offer. Did the police let you drive away after they stopped you? If so that's a rarity as they usually make you walk home and the vehicle get lifted to the car pound.

I doubt that mitigating circumstances will help as no insurance is a clear-cut matter, either you've got it or you haven't.
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Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.
Re: Caught without third party insurance
« Reply #17 on: »
Quote from: roythebus on Yesterday at 04:51:23 pm
I doubt this will go to court, a fixe penalty is the usual offer. Did the police let you drive away after they stopped you? If so that's a rarity as they usually make you walk home and the vehicle get lifted to the car pound.

I doubt that mitigating circumstances will help as no insurance is a clear-cut matter, either you've got it or you haven't.

Well i wont meet the conditions of the conditional offer the police sent via post; as i already have 6 points. This will give me another 6 pts minimum so 12 points will be referred to court. Yes the police let me drive the car home.
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Re: Caught without third party insurance
« Reply #18 on: »
Quote from: Southpaw82 on Yesterday at 03:31:58 pm
There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.

Interesting, but if the business policy was to cover any vehicle, and OP would have been covered at the time regardless, surely OP would then be not guilty?
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Re: Caught without third party insurance
« Reply #19 on: »
Quote from: sparxy on Yesterday at 05:27:52 pm
Quote from: Southpaw82 on Yesterday at 03:31:58 pm
There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.

Interesting, but if the business policy was to cover any vehicle, and OP would have been covered at the time regardless, surely OP would then be not guilty?

It's a matter of contractual construction. If the insurance contract did not cover the use at the time, the fact that the insurer extra-contractually says that they would have covered the risk does not invalidate the offence. Until the OP knows what the contract covered at the time, as distinct to what the insurer might have paid out on as a matter of discretion, the question is up in the air.
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
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Re: Caught without third party insurance
« Reply #20 on: »
Quote from: Southpaw82 on Yesterday at 06:19:41 pm
Quote from: sparxy on Yesterday at 05:27:52 pm
Quote from: Southpaw82 on Yesterday at 03:31:58 pm
There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.

Interesting, but if the business policy was to cover any vehicle, and OP would have been covered at the time regardless, surely OP would then be not guilty?

It's a matter of contractual construction. If the insurance contract did not cover the use at the time, the fact that the insurer extra-contractually says that they would have covered the risk does not invalidate the offence. Until the OP knows what the contract covered at the time, as distinct to what the insurer might have paid out on as a matter of discretion, the question is up in the air.

You're too clever for me lol I had to read it a few times to get my head around it.
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Re: Caught without third party insurance
« Reply #21 on: »
To reply to your earlier message about unlimited fine for no insurance.

Yes the fine is unlimited however the starting point of fine is 1.5 time of your net weekly income.

The fine would be detucted 33% for Guilty plea.

Plus there is victim surcharge which is 40% of fine Plus cost £90 for Guilty plea.

For Not Guilty plea the cost would be at least £650.
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  3. Caught without third party insurance