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Caught driving without insurance, twice

70 replies

FitLime · 12/02/2019 22:27

Not me. A friend. What are the chances she will lose her license?

OP posts:
GreenHouseKeeping · 13/02/2019 11:17

I'm talking about the legal position, i.e. what a court would do, not necessarily what your insurance company will tell you.

Consider a hypothetical situation in which your insurance 'ran out', you failed to arrange alternative insurance but continued to drive your car on the roads.

If you were to cause an accident which, say, paralysed a promising athlete, if its at all possible, a court would bend the law to say that you are still covered by your 'previous' insurer.

In reality, the insurer would charge you for the premiums between the date of the policy lapse and the accident and then pay out the third party element of the claim (personal injury, and potentially damage to property of the athlete)

Obviously, this is a very questionable legal outcome as there was no official contact in force. The courts have specifically created this artificial legal situation to protect the hypothetical athlete.

There are lots of legal situations like this where, for policy reasons, Judges effectively decide what is a just outcome and work backwards from that, selectively applying law to create the outcome they want.

Its not beautiful, but it is generally done in the interests of justice, or protecting public finances (limiting negligence claims on police/ the NHS etc).

anniehm · 13/02/2019 11:50

Is there any chance you could give her dd a stable home- yes she will need to move schools but she hasn't a lot to loose. The mother is stupid for driving without insurance but her daughter deserves better

Fluffyears · 13/02/2019 11:50

A colleague of mine drive without insurance, someone hit her but as she was the uninsured party she became liable for it and she got 9 points not just 6. She was just 17 and admits she was very young, naive and stupid....mostly stupid!

EvaHarknessRose · 13/02/2019 11:57

She has let her dd down badly on several counts. Don't offer any lifts or money.

ginghamstarfish · 13/02/2019 12:04

Whether or not she is banned (hopefully she should be) please say that you will report her if you know she is driving uninsured again. What a selfish and irresponsible person.

Catsingangs · 13/02/2019 12:06

GreenHouseKeeping
Citation needed please....UK based... otherwise that's unmitigated bollocks

bigbluebus · 13/02/2019 12:27

Sorry green I'm not a legal professional but that sounds like the biggest load of boll*cks I've heard in a long time.
Our car insurance (3 cars) is definitely not on autorenew - we actively took them all off auto renew due to issues we'd had with the insurers (a very large insurance company with a nodding dog). The letters we get every year quite clearly state that if we don't contact them we will cease to be insured. They have no way of claiming the premium (unless they used last year's bank card details which they are not authorised to do so would be theft).

NotAgainSilly · 13/02/2019 12:33

Very harsh responses on here. This lady obviously needs help (and friendship). And her dd even more so, by the sounds of it.

Sorry but I reserve help and support for people like my work collegue who was hit and has suffered long term injuries from someone who wasn't insured.

Jackshouse · 13/02/2019 12:36

Her daughter was suffering from anxiety to the point that she was school refusing so as a parent she thought the best thing to do was to move 40 miles away and move her in with the mother’s boy friend.

She is just thinking of herself in all of this.

SilverySurfer · 13/02/2019 20:52

havingtochangeusernameagain
Very harsh responses on here. This lady obviously needs help (and friendship). And her dd even more so, by the sounds of it.

Not harsh, realistic. I doubt you would be suggesting help and friendship if she had killed your child or family member whilst driving uninsured.

goingtotown · 13/02/2019 22:45

It’s a pity she didn’t lose her licence the first time she got caught.

Aquamarine1029 · 14/02/2019 05:32

Why are you friends with this degenerate?

DobbinsVeil · 14/02/2019 06:20

Wrt the fines, magistrates will take your friend's financial situation into account so she should take all evidence of her financial situation. That's not to say it will be reduced to buttons, and she should expect to feel the pinch. She'll probably be told to contact them again once she's lost her job.

Even if she doesn't lose her licence, I think any insurance she could get would be beyond her financial means.

I have a vague recollection of what GreenHouseKeeping has posted from when I worked in insurance many years ago. It's not so much that the driver is still insured, but the third party liability remains with the last known insurer. Insurance underwriters used to request proof of who the new insurer was before they'd lapse the policy. This was with fleet insurance, rather than private individual.

Pupsiecola · 14/02/2019 09:27

Thanks Dobbins. She has already taken out new insurance because you have to show it at the police station in order to collet your car. Apparently she can cancel it for a refund should she get banned. She had to find an insurance company who specialises in this sort of case. I have no clue how she paid for it. She didn't ask me.

Imnotswallowingthat · 14/02/2019 09:42

A levy of £30 is added to every motor insurance policy to pay for people like this. The Motor Insurance Bureau manages the fund to ensure that anyone hit by an uninsured driver is fully compensated, but you claim off them directly not through your own insurance.

Ringdonna · 14/02/2019 11:53

Exactly the same same happened to a relative of mine, lost their licence (and subsequently their job) banned from driving for two years and £750 fine.

Lifecraft · 14/02/2019 14:04

DH was briefly uninsured last month because his insurance ended and didn't auto renew. They did send him a letter - 2nd class over Christmas, didn't arrive until a few days into January, saying dh needed to actively renew his insurance. The insurance had ended 4 days before the letter arrived. Dh was furious.

Furious with himself I hope. When you own a car, you need to have 3 dates diaried, road tax, MOT (if applicable) and insurance. If you can't do that, without relying on reminders from others, you are too irresponsible to have a car.

AlexaAmbidextra · 14/02/2019 14:21

Dh was furious.

Well he had no business being furious with his insurer. He isn’t a child. It’s his and nobody else’s responsibility to ensure he has insurance.

Pupsiecola · 14/02/2019 14:56

Ringdonna how long ago was that? What happened to them after they lost their job?

Ringdonna · 14/02/2019 17:01

About five years ago. Got a new job eventually but not in chosen field .

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