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forgot to get car insurance, help please

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  • Horace
    Horace Posts: 14,426 Forumite
    Try using a different insurer other than Kwikfit next time. Also to ensure that you don't forget next year, make a note of the renewal date in a diary or on a wall planner.
  • Regarding the "using" issue, it all changed with the new offences brought in by the Road Safety Act. I agree that older caselaw meant that a prosecution could be possible, but given the alternative of a fine and no paperwork rather than a submission to the CPS, the offence of "keeping vehicle which does not meet insurance requirements" - ie is not insured - is more likely. It's £100 fine and no points, but quick and easy for the police.

    Glad it's all working out for you Diane70. Personally, I hate changing insurance mid-term and avoid it whenever possible but see what they say about the reduction in price first; most insurers will give you 14 days grace on a new policy or renewal so it should be simple to cancel if you do it now.
    In the beginning, the universe was created. This made a lot of people very angry and was widely regarded as a bad move.
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  • raskazz
    raskazz Posts: 2,877 Forumite
    Regarding the "using" issue, it all changed with the new offences brought in by the Road Safety Act. I agree that older caselaw meant that a prosecution could be possible, but given the alternative of a fine and no paperwork rather than a submission to the CPS, the offence of "keeping vehicle which does not meet insurance requirements" - ie is not insured - is more likely. It's £100 fine and no points, but quick and easy for the police.

    Yes, I have just read through the relevant part of the Road Safety Act 2006 again and I find it a very odd piece of legislation.

    On the one hand it appears to be primarily intended to aid the authorities in continuous insurance enforcement by forcing those who are keeping a car which has not been SORN'ed to insure it against third party liabilities, even if the car is kept off-road. That was certainly the way it was marketed, as it were, by the Government. On the other hand, if the authorities start using it as an alternative to the s.143 Road Traffic Act offence, then it is actually has the effect of introducing a more liberal approach to uninsured driving, at a time when the ABI, the police and the Government have been positioning themselves as taking a much firmer stance.
  • pvt
    pvt Posts: 1,433 Forumite
    Folks,

    I'm curious here.

    If I am the registered keeper of a car that has no insurance, and my wife is stopped whilst driving it - I presume she, not I, will be prosecuted for DWI?

    So if the car is spotted parked on a public road, and she was last to drive it, who would be liable for the prosecution. An important point if it come with points on a licence!

    Just curious - can someone educate me?

    pvt
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
  • raskazz
    raskazz Posts: 2,877 Forumite
    pvt wrote: »
    If I am the registered keeper of a car that has no insurance, and my wife is stopped whilst driving it - I presume she, not I, will be prosecuted for DWI?

    In that scenario a few convictions are possible: One to your wife for using a car on a road, whilst being uninsured against third party risks (under s.143 of the Road Traffic Act); potentially one to yourself under the same section if you caused or permitted her to drive, knowing that she was uninsured; and potentially also one to yourself for being the keeper of a vehicle which does not meet insurance requirements (s.144A).
    pvt wrote: »
    So if the car is spotted parked on a public road, and she was last to drive it, who would be liable for the prosecution. An important point if it come with points on a licence!

    Normally that would fall on yourself (assuming that no-one actually saw your wife driving it) - again the police could choose between the s.144A offence of being the keeper of a vehicle which does not meet insurance requirements, or the s.143 offence of 'using' the vehicle uninsured, as a parked car counts as being 'used' by the owner.
  • pvt
    pvt Posts: 1,433 Forumite
    Thanks Raskazz.

    It all seems a bit of a mess to me.

    There's no end of potential complications.

    Appreciate you time explaining it.
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
  • nico26
    nico26 Posts: 823 Forumite
    My insurance company automatically renews mine unless I phone to cancel
  • diane70
    diane70 Posts: 99 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi All
    Well it has been 2 weeks now and we have heard nothing............don't want to phone the police up just in case they have forgot about us (fingers crossed) lol.

    3 officers said if you don't hear anything within 2 weeks forget about it!
    one said we would get a fine and another said we may get points?
    seems like no one knows for sure and we are left in limbo not knowing what to do about this £600 insurance we took out that we can now get for £300....................think if nothing comes in the post tomorrow then I will change insurance as the £600 one has the extra points that we havent got etc!!!!!
    thanks for all your help
    Diane
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