driving uninsured - help/advise

Woody._2

crazy_house wrote: »

My words may be a little off as it wasd 2008 since a use to repeat it numerous times

its an offense under the road traffic act to fail to return a certificate of motor insurance within 7day and to use a motor vehicle on a public highway without adequate third party insurance.

We had to tell every customer who cancelled or had there insurance cancelled.the date would then be 7days or renewal.

Once the policy is cancelled there is no insurance, as you found out.

pompeyfaith

Once the policy is cancelled there is no insurance, as you found out.

Indeed, which is why I said the issue lies with the insurers and not the police, it is the insurers you have to take the matter up with and seek compensation from them for your losses.

Wig

pompeyfaith wrote: »

Vax I do not believe that the police are responsable as they are doing there job and keeping uninsured drivers of the road which is what we all want.

Actually the police are quite often at fault aswell. the law they are working from to seize your vehicle requires them to have to believe you are not insured. Some cheif constables of some forces tell their officers that this does not mean relying on the very dodgy MID. They must phone the insurance company, and if it is outside business hours they must not seize -without good reason- and must give the driver a producer.

Vax has brought up a new angle on this that I was unaware of, that of notification. Though how does this fit in with daytime seizures when the police can phone the insurer?

vax2002

Having possession of the policy certificate DOES not mean you have insurance, however if the Insurance company have neglected to tell you the have cancelled it you would be Not guilty of the offence of driving uninsured, as the contract is still in force and until told otherwise by the insurance company you are insured the two are very separate issues indeed.
The court will establish at what point the insurance was terminated and what measures the insurance company took to notify the accused of such cancelation.
Otherwise, they would all say ,,ooo sorry we cancelled it last week every time you made a claim.
It is a legal binding contract that they have agreed to underwrite your vehicle for the purposes of the road traffic act and they maintain to do so until they notify you otherwise. IN WRITING.
However, it has now become established that no insurance is in force, so you will need some to get the car back, in your name with that vehicle named on the certificate. A simple temporary policy from a brokers on a high street will issue a cover note, you can even buy 1 day insurance to get the car out.
The Smart move here, is if you find yourself in the smelly stuff is to get the mobile phone and credit card at the side of the road and buy some before the tow truck arrives, you are under no obligation to follow any instructions of the police officer to in relation to trying to obtain some and if you can, they can not seize the car once you give them the policy number, if you are smart enough to have a pen in the car that is to write down the policy number.
Then they could only issue a no insurance NIP.
You have to have some front as some of these coppers are real big shout nasty mouths.
You need to be very smart these days and know your rights, any one of us can fall for this at the roadside and by the grace of God go us, some of these insurance companies are the real crooks in disguise.

Wig

crazy_house wrote: »

I have been advised by south yorkshire police to check insurance carefully if we want a tp to collect because most companies now exclude cover for vehicles that have been seized.

Vax,

The OP has asked the local nick and they seem to be saying they will accept a TP to drive the car home on the driving other cars.....

OP,

What they mean to check is exactly what I said earlier, some insurance policies (your uncle will have to take his certificate and his policy document withhim to the station). will have a requirement that the other car is covered by a seperate ins policy. It is a very rare clause to have on a policy, hopefully your uncle won't have it there.

Let us know how you get your car back and how much it costs.

vax2002

I have never seen a policy that does not say : can not be used to secure release of a third parties vehicle that has been seized.
Seized is a legal term for "taking Back ownership" the Registration certificate is a contract that gives away ownership it "registers" your car to DVLA, they issue a registration certificate in which they then allow you to become the Keeper of DVLA property, if you break those rules they can seize it back and do what they like with it.
Read the registration certificate you are not the owner, you are the "registered Keeper" DVLA OWN the car as long as it is registered to them

Wig

vax2002 wrote: »

I have never seen a policy that does not say : can not be used to secure release of a third parties vehicle that has been seized.
Seized is a legal term for "taking Back ownership" the Registration certificate is a contract that gives away ownership it "registers" your car to DVLA, they issue a registration certificate in which they then allow you to become the Keeper of DVLA property, if you break those rules they can seize it back and do what they like with it.
Read the registration certificate you are not the owner, you are the "registered Keeper" DVLA OWN the car as long as it is registered to them

I forgot about that one, OP, you better look out for that clause aswell. And you must read the policy book as well as the words on the certificate.

I just checked my mums cert and it does exclude seized cars.

dacouch

Some reasons why the second policy may have been cancelled.

a) You did not send in your proof of no claims bonus and they eventually cancelled it.

b) The new Insurer were unable to register their insurance on the MID as it was already being shown as being covered by the Swinton policy. In these circumstances they will often contact you to ask for an explanation etc. If they receive no response they may eventually cancel the policy

Most companies will cancel a policy by sending a recorded delivery letter withdrawing cover from a date in the future (Normally seven days). If yes insurance say they have done this ask what address they sent it to, also ask them for the tracking reference of the recorded delivery letter which you can see if it was delivered (Note not all post men will get a recorded delivery letter signed)

crazy_house

vax2002 wrote: »

The Smart move here, is if you find yourself in the smelly stuff is to get the mobile phone and credit card at the side of the road and buy some before the tow truck arrives, you are under no obligation to follow any instructions of the police officer to in relation to trying to obtain some and if you can, they can not seize the car once you give them the policy number, if you are smart enough to have a pen in the car that is to write down the policy number.
Then they could only issue a no insurance NIP.
You have to have some front as some of these coppers are real big shout nasty mouths.
You need to be very smart these days and know your rights, any one of us can fall for this at the roadside and by the grace of God go us, some of these insurance companies are the real crooks in disguise.

I asked for the officer to let me get my bag from car so I could get insured before it towed, he wouldn't let me have my bag and said the vehicle would still be towed regardless,
I Feel as he took one look at me and said here a fool, Ir would never had occured to me that every time you leave home you should check insurance still in place so you dont get screwed.. You also said new insurance had to be in my name. I dont want to drive & hubby is registered owner/keeper so he was setting up just in his name. will that be an issue.

crazy_house

pompeyfaith wrote: »

Indeed, which is why I said the issue lies with the insurers and not the police, it is the insurers you have to take the matter up with and seek compensation from them for your losses.

Thank-you all for your advice & the knowledge invaluable, but bottom line yes i am going to end up with IN10 because insurance company has not informed me they cancelled my insurance,

Never INSURER with SWINTONS once they have you they dont let go, I wish I could speak to YES and see what issue was, they have taken 2m upfront and not insured me for 2m can I claim that money back

31-3-2011 to 24-5-2011 if I cant claum my money back,can I ask for the goods until 31st may 2011 All the smelly stuff goes away, I then embrace my very quiet boring life, with another self imposed caution and loose a bit more faith in government & government influence based bodies...

everyone that has helped me today has restored some of my faith in society. THANK-YOU :T