Uninsured Company Car

Avenger2

Can anyone offer advice? Basically I have been driving an uninsured company car, When I was given it I asked if it was insured and was told that it was, I have been pulled by the police last week who told me that I was driving an uninsured vehicle, whilst sat in the police car I called my boss who spoke to the PC, he told him that it was on a fleet insurance, the pc accepted this and give me a ticket to produce the required docs, it was the following day I was called by my employer who told me it wasn't insured due to a clerical error!!!!!
He came with me to the ploice station and explained to the pc behind the desk that it was his fault etc etc, I know that it doesn't matter what he sayes at the end of the day it will be me who will end up with points and a fine, oh and they also made me redundant that same day!! To get back to work now I have had to get myself a car but the insurance now is thru the roof (£3000) I thought it would be better to let the insurance companies know that I had this pending, Can anyone offer any advice other than the obvious.

vaio

All sounds a bit !!!!!! in your life at the moment, hope things improve soon.

A bit of good news….there is a statutory defence for drivers of company vehicles who had no reason to believe the vehicle was not insured. So, not guilty, no fine & no points and your insurance premium should return to normal.

I’d call your insurance company today, tell them you have a statutory defence under Road traffic Act 1988 S143(3) ( http://www.legislation.gov.uk/ukpga/1988/52/section/143/enacted ) and agree how much of a reduction you will get when the mess is cleared up.

The other way out is if you have the DOC extension on your own insurance (and it covers business use)

Gene_Hunt_2

What he said.

Avenger2

Thank you so much, the pc that pulled me over was a great guy and was understanding, but would he have not mentioned this? He did however seem keen to press charges on my employer when I explained that I was on the understanding that it was insured.

vaio

PCs, magnificent chaps that most of them are, are the first link in the prosecution chain and generally speaking aren’t that knowledgeable about defences.

Your former boss will certainly be done for causing or permitting uninsured driving but you should be ok.

Avenger2

That great thanks, will I be able to offer this as a defence before it goes to court or will I have to use it on the day, sorry but I am brand new to anything like this.

Gene_Hunt_2

vaio wrote: »

PCs, magnificent chaps that most of them are, are the first link in the prosecution chain and generally speaking aren’t that knowledgeable about defences.

Your former boss will certainly be done for causing or permitting uninsured driving but you should be ok.

Company car and in the course of business, the company are using without insurance.

missile

Avenger2 wrote: »

That great thanks, will I be able to offer this as a defence before it goes to court or will I have to use it on the day, sorry but I am brand new to anything like this.

I would suggest you discuss thid with a GOOD solicitor he / she may speak to the procurator fiscal on your behalf and get the charge dropped.

I hope you find another job soon

Avenger2

Thanks to all who have responded, I have plenty to do over the next few days and I will let you know how it goes
Thanks again

HugoSP

missile wrote: »

I would suggest you discuss thid with a GOOD solicitor he / she may speak to the procurator fiscal on your behalf and get the charge dropped.

I hope you find another job soon

...and consider claiming costs from your former boss.

Good luck with the job search.

dacouch

As Viao has mentioned you have a statutory defence with an Employers car that you reasonably felt was insured, it might be worth bringing this up with a senior police officer at the relevant station as they may be able to stop the prosecution as it is in no ones benefit.

If your boss genuinely has a proper fleet policy, the Insurers may be prepared to cover the vehicle from one it was purchased if it was a genuine error and should have been covered. Your boss will need to speak to the Insurers / brokers regarding this matter.