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Is it illegal to drive without possession of insurance certificate ? My new one was issued yesterday but I was told they can't guarantee receipt by 16th November due to the uncertainty of further postal strikes.
I imagine lots of people will be in this situation if the strikes continue.
The police tend to rely on the computer in their car which can advise them whether a car is insured or not and is around 95% accurate. If your car shows as being insured on this they will normally accept this. If it does not show they will often ring and confirm whether the car is insured if it's during office hours.
They will sometimes give you a seven day wonder which is basically you produce your certificate and certain other documents such as driving licence and mot (If applicable) at a police station of your choice.
Legally you don't have valid insurance until your have the certificate in your hand, but I have never heard of any police force enforcing the law.
The law would also make sending certificates by email illegal, once again never enforced. I believe the RTA is about to be changed for that purpose.
I'm sorry but you're giving more poor information.
Firstly 'legally', i.e. under contract law, you are covered with or without a certificate, from the effective date and time of the commencement of the policy.
As far as Road Traffic Act liabilities are concerned, cover attaches as soon as the certificate is posted to the insured or their agent (including brokers).
I'm sorry but you're giving more poor information.
Firstly 'legally' you are covered with or without a certificate, from the effective date and time of the commencement of the policy.
As far as Road Traffic Act liabilities are concerned, cover attaches as soon as the certificate is posted to the insured or their agent (including brokers).
I am assuming your a Directline underwriter!!!
the law;
(1) A policy of insurance shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the insurer to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a “certificate of insurance”) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.
You assume incorrectly. I work for a much more specialist insurer.
Quote:
Originally Posted by pastra
the law;
(1) A policy of insurance shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the insurer to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a “certificate of insurance”) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.
Yes, that is the law, but what you have failed to mention (presumably because to do so would weaken your already spurious argument) is that it is not the case that 'delivery' requires that the insured has the certificate in their possession.
I quote from page 2/22 of the Chartered Insurance Institute's Motor Insurance course book:
"What constitutes delivered has been the subject of much debate over the years. It has been established that delivery need not necessarily be to the motorist personally but may be to their agent. An agent in this sense is wider than an insurance intermediary and, indeed, can include the Post Office.
In law, therefore, the motorist is legally covered as soon as the certificate is posted or handed to them or their agent"
Quote:
Originally Posted by pastra
In the post doesn't count
Care to produce any evidence to this effect? Or is it just 'opinion'?
Yes, that is the law, but what you have failed to mention (presumably because to do so would weaken your already spurious argument) is that it is not the case that 'delivery' requires that the insured has the certificate in their possession.
I quote from page 2/22 of the Chartered Insurance Institute's Motor Insurance course book:
"What constitutes delivered has been the subject of much debate over the years. It has been established that delivery need not necessarily be to the motorist personally but may be to their agent. An agent in this sense is wider than an insurance intermediary and, indeed, can include the Post Office.
In law, therefore, the motorist is legally covered as soon as the certificate is posted or handed to them or their agent"
Care to produce any evidence to this effect?
I agree that the wording has been debated for years now, but legally it must be delivered not in the process of being delivered to comply with the law as it is written.
I agree that the wording has been debated for years now, but legally it must be delivered not in the process of being delivered to comply with the law as it is written.
Again, wrong. You are assuming a literal interpretation of the statute whereas case law indicates that the correct interpretation is a purposive one, which belies a lack of basic legal understanding.
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All insurance policies are loaded onto the MID within a set time frame by all insurers and from my own experience, if the police cannot find the car insured on there they will either contact MIB or the insurance company concerned. If they cannot confirm it is by any of these methods thats the car is insured I understand they now have the right to take the car and impound it. From what I have delat with from customers I have spoken to it now sounds like they dont even give you a 7 day producer anymore.
From what I understand (someone can correct me if im wrong) is that they only check the registration number. What I suggest if you have any feeling the insurance policy might have an incorrect part on your reg (eg. should be s not f or a letter that sounds similar over the phone) check it with your insurance company and get it updated asap so the MID can be as well and shouldnthave any problems.
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Pls be nice to all MoneySavers. There's no such thing as a stupid question, and even if you disagree courtesy helps.
No certificate - off the road ?
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