Who is liable for this crash

uktyler

pvt wrote: »

Tyler,

None? Absolutely none? Whether through quite genuine error, or due to a mistake by someone else, or a misunderstanding, or perhaps being deliberately misled by someone else. Are there no excuses at all?

I do hope that those who preside over these matters at magistrates' courts do so with a little more objectivity than I've seen on this thread.

pvt

As hollie states, legally it is an absolute offence, there is no excuse.

There can be mitigating circumstances, but I don't think not opening your mail would fall into that category, do you?.

The roads are a dangerous place to be, if the worst does happen to me I want to know my family will be provided for. There are a large number of people out there who drive without insurance. If you are unlucky enough to be hit by a car I hope the driver is insured.

My wish is for those who preside over these matters at magistrates' court to take a stricter approach, and those in power to make the punishments greater.

The sad fact is that it is cheaper to drive without insurance and pay the fine than it is to pay for insurance. There is something seriously wrong with that. Larger fines, driving bans and prison for repeat offenders is what we need.

rose28454

hollie.weimeraner wrote: »

No Insurance is the only "ABSOLUTE" offence in English Law. This means you are actually deemed guilty unless you can prove your innocence - ie you produce proof of insurance. Overlooking renewals, not receiving renewal notices etc etc don't count but may be taken into mitigation when fines are imposed but penalty points are mandatory if it gets to court. There may be some circumstances where a Police Officer may elect not to send a file for prosecution but that is at his discretion.

Not always so! My daughter lent her car to a friend 4 years ago who told my daughter she was insured to drive the car by her own insurance.She then rolled the car over, badly injured her passenger and wrote the car off. I was the owner of the car and had to produce the documents which I did. In then became apparent that the girl was not insured ( I think she thought the rule that applied to over 25's driving other cars applied to her but she was 18 at the time) The police took her to court and she lied in court and said my daughter had told her she would be covered by our insurance. She got a £35.00 fine, no points and therefore did not lose herlicence which she would have with 6 points asshe had only been driving for a year. The insurers came out to talk to my daughter and me as they said the passenger could claim and I would be liable. The girl's father behaved admirably and gave my daughter his daughters car in replacement for her written off one. The girl who was injured was off work for 6 months and although she was a friend of my dd's she went to a solicitor and we had a few letters from her solicitor because th girl who was driving refused to pay her damages. Eventually we heard no more and the girl must have got her compensation as she suddenly got a new car and we know she had no savings. My daughter is not n contact with them any more as the whole thing was vey distressing especially when she was bad mouthed in court. So you see you dont always get points!!!

briona

You really don't make your case any better, do you?! What you're now saying is that your daughter NEVER learns! :mad: Lending a car to a friend without even CHECKING that they were insured and all because the friend told her they were!! And as it was your car, I'm assuming that your daughter was the named driver on the policy and not the main policy holder! Jesus! Perhaps her next offence WILL see her taken off the road!

rose28454

briona wrote: »

You really don't make your case any better, do you?! What you're now saying is that your daughter NEVER learns! :mad: Lending a car to a friend without even CHECKING that they were insured and all because the friend told her they were!! And as it was your car, I'm assuming that your daughter was the named driver on the policy and not the main policy holder! Jesus! Perhaps her next offence WILL see her taken off the road!

She did not crash the car her friend did so did she commit an offence or was it her friend!!! Who was taken to court??

tinkerbell84

Was 'her' car that time insured by you with her as a named driver?

If so, that's fronting - which is an offence!!!!

briona

rose28454 wrote: »

She did not crash the car her friend did so did she commit an offence or was it her friend!!! Who was taken to court??

rose28454 wrote: »

The insurers came out to talk to my daughter and me as they said the passenger could claim and I would be liable.

You're right! In this case YOU committed the offence – potentially 'fronting'. And clearly the insurers thought so to as in the event of the passenger claiming, you'd be held liable!

Still, all this goes a LOOOOOOONG way to explaining your daughter's lax attitude to trivialities such as insurance! :rolleyes:

uktyler

rose28454 wrote: »

Not always so! My daughter lent her car to a friend 4 years ago who told my daughter she was insured to drive the car by her own insurance.

So your daughter does know the seriousness of driving without insurance, and she drove without it?

This is her second time dealing with the police regarding motor insurance, I hope to god she learns her lesson this time.

Maybe your daughter would be better off without a car altogether?

cogito

I have been sympathetic to the OP throughout this thread but not any more. Her daughter obviously didn't learn from her previous experience.

slipp_digby

Can't believe what I have read on this thread.

Is it real?

grannybiker

Rose,
While I have every sympathy with you in attempting to defend your daughter, you yourself have acknowledged she's in the wrong more than once.
I've felt before, but even more so now, that this really is the time to let this thread go. It has slipped off the 1st page a couple of times now only for you to resurrect it again with an update. This provokes more anger, which you then defend, which leads to more condemnation...
It's really achieving nothing positive now and should be allowed to quietly fade away.