Driving on Provisional License

bitemarx

This isnt to do with directly with money saving but Im looking for some advice.
My wife, who is on a provisional license, took the car out on her own earlier today and met with an accident. She was at the lights, and when the lights turned green, the car in front started and then suddenly stopped, resulting in my wife's car bumping into the back if the other car. No damage at all to either vehicles since this was a very slow speed collision.
The police arrived and have impounded the car and asked me to collect it tomorrow or the day after after paying the fine.
What I'd like to know is:
1. The other driver wants my wife's isurance details to claim for "damages" which he says his car has suffered. (Says it doesnt drive well after the collision, although he drove it away alright after the whole thing was done)
2. Can I use my insurance to pay for said "damages"? If so, what should I tell the insurance company, since I wasnt driving the car?
3. Would my wife's provisional license be affected in anyway? She was preparing to take the practical driving text in March!
4. The police have taken details from my wife and the other driver; what happens next? Do they charge her with an offence? Would she need to go to court?

Sorry about the long post but I'd appreciate any guidance I can get on this matter.

Thank You in advance!
M

Gandalfthesecond

Your wife faces three points for driving otherwise than in accordance with her licence.

Possibly 6 points for no insurance, you face the same for permitting her to drive without. The insurance if she is named will pay for the other car but possibly not yours.

bitemarx

Gandalfthesecond wrote: »

Your wife faces three points for driving otherwise than in accordance with her licence.

Possibly 6 points for no insurance, you face the same for permitting her to drive without. The insurance if she is named will pay for the other car but possibly not yours.

Thank you for the reply.

I have declared that she drove the car without my permission. Would the 6 points still go into my license? She has insurance on the vehicle, by the way. But the police have informed me that this would be void since she was driving alone.

Hammyman

1) Too bloody right he does.
2) Is she named on the policy? If so, yes, if not no. And even if it is yes, as she was driving "not in accordance with her licence" you will most likely find your insurance company pursuing you for the payout once they've paid out to the third party. If she wasn't insured, the third party can pursue your wife for compensation through the courts. I know on my policy, I have £10,000 of legal fees available to sue someone which pretty much guarantees a win.
3) Yes. She will be convicted of possibly one or more of the following:

• Driving other than in accordance with her licence
• Failure to display L plates
• Driving without insurance

There may be other charges. The driving uninsured is 6 points and means an instant ban and retest when she passes her driving test. Its going to end up as points and fine regardless.

In addition, if she wasn't named on the policy and you allowed her to drive, you could find yourself with 6 points on your licence for knowingly allowing an uninsured driver to drive your vehicle. The other option is to say she took it without your consent at which point she can then be charged with TWOC.

In short, it was rather silly and its going to end up probably in a court appearance and points/fine or points/fine/ban when test passed.

If she ends up with a IN offence code on her licence, I'd not want to be having her on any policy I had as it'll massively increase the cost.

lucylucky

1 - he has every right to ask for the details
2 - was the car driven with your knowledge or not?
3 - yes, she will get points
4 - possibly

Hammyman

bitemarx wrote: »

Thank you for the reply.

I have declared that she drove the car without my permission. Would the 6 points still go into my license? She has insurance on the vehicle, by the way. But the police have informed me that this would be void since she was driving alone.

No but then she would be charged with Taking Without Owners Consent or in laymans terms, stealing the car. That would result in a proper criminal record that would show up in even a basic CRB check and would have to be declared on job application forms if they ask for unspent convictions.

Also you say she has her own insurance. She may find that when it comes to light she was unaccompanied, her insurers sue her for the payout to the third party.

In short its going to get well expensive and have an impact for the next few years.

Kilty_2

Hammyman wrote: »

The driving uninsured is 6 points and means an instant ban and retest when she passes her driving test. Its going to end up as points and fine regardless.

If the points are applied before she sits the test she will not be banned IIRC but any further points once a full licence holder will mean she is

Gandalfthesecond

Hammyman wrote: »

1) Too bloody right he does.
2) Is she named on the policy? If so, yes, if not no. And even if it is yes, as she was driving "not in accordance with her licence" you will most likely find your insurance company pursuing you for the payout once they've paid out to the third party.

3) Yes. She will be convicted of possibly one or more of the following:

• Driving other than in accordance with her licence
• Failure to display L plates aka driving otherwise than in accordance.
• Driving without insurance

There may be other charges. The driving uninsured is 6 points and means an instant ban and retest when she passes her driving test. Its going to end up as points and fine regardless.

In addition, if she wasn't named on the policy and you allowed her to drive, you could find yourself with 6 points on your licence for knowingly allowing an uninsured driver to drive your vehicle. The other option is to say she took it without your consent at which point she can then be charged with TWOC.

In short, it was rather silly and its going to end up probably in a court appearance and points/fine or points/fine/ban when test passed.

If she ends up with a IN offence code on her licence, I'd not want to be having her on any policy I had as it'll massively increase the cost.

All depends on the insurance company as to whether she is covered for 3rd party risks, if they say she is then she has insurance.

Kilty_2

bitemarx wrote: »

She has insurance on the vehicle, by the way. But the police have informed me that this would be void since she was driving alone.

The insurer will still have obligations under RTA to the third party, but can pursue your wife for the costs.

Gandalfthesecond

bitemarx wrote: »

Thank you for the reply.

I have declared that she drove the car without my permission. Would the 6 points still go into my license? She has insurance on the vehicle, by the way. But the police have informed me that this would be void since she was driving alone.

So she'll get a criminal conviction for TWOC. That could affect all insurance including your home and contents.

bitemarx

Hammyman wrote: »

1) Too bloody right he does.
2) Is she named on the policy? If so, yes, if not no. And even if it is yes, as she was driving "not in accordance with her licence" you will most likely find your insurance company pursuing you for the payout once they've paid out to the third party. If she wasn't insured, the third party can pursue your wife for compensation through the courts. I know on my policy, I have £10,000 of legal fees available to sue someone which pretty much guarantees a win.
3) Yes. She will be convicted of possibly one or more of the following:

• Driving other than in accordance with her licence
• Failure to display L plates
• Driving without insurance

There may be other charges. The driving uninsured is 6 points and means an instant ban and retest when she passes her driving test. Its going to end up as points and fine regardless.

In addition, if she wasn't named on the policy and you allowed her to drive, you could find yourself with 6 points on your licence for knowingly allowing an uninsured driver to drive your vehicle. The other option is to say she took it without your consent at which point she can then be charged with TWOC.

In short, it was rather silly and its going to end up probably in a court appearance and points/fine or points/fine/ban when test passed.

If she ends up with a IN offence code on her licence, I'd not want to be having her on any policy I had as it'll massively increase the cost.

Thank you for that detailed explanation!