Caught without insurance (didn't know it had expired) any recourse?

rev_henry

Sorry but the police categorically would not leave pedestrians stranded at the side of the motorway. That would be trespassing on the motorway and is illegal. The moral of the story is check your own docs!

shaun_from_Africa

If you are hit by an uninsured driver, by the way, you will be compensated. There is a system in place.

Which is funded by some the insurance premiums paid for by motorists who are driving legally with insurance cover in place.

There is more than an "excuse", as you put it. In fact, there are defences to driving without insurance (albeit not many).

"not many". In fact, there is only 1 possible defence for driving without insurance, and that is if you can prove that you were driving as part of your employment and you honestly believed that there was cover in place for the vehicle.

Having a driving license isn't a requirement of having insurance, having a driving license is a requirement of being allowed to drive but you don't need a license to be insured

Try taking out a motor insurance policy without having a driving licence and see how far you get.
What type of licence you have (provisional, Full UK, issued in another country etc) all affects the premium that you will pay, so yes, an insurance company can decline to cover you if you do not hold a valid driving licence.

globetraveller

This is a bit of a strange tale. I have added my sister to my insurance several times in the past for short periods but she has never had to provide her driving licence. I take it your mother only took a 30 day insurance because SHE needed proof your OH had a driving licence? If not- who is in the insurer? If OH has a driving licence why on earth hasn't he provided it before now?
Why does he need to court? Can't he just pay the fine and take the points?
Whatever the reasons, he was driving uninsured. There isn't an excuse.

scheming_gypsy

shaun_from_Africa wrote: »

Try taking out a motor insurance policy without having a driving licence and see how far you get.
What type of licence you have (provisional, Full UK, issued in another country etc) all affects the premium that you will pay, so yes, an insurance company can decline to cover you if you do not hold a valid driving licence.

it's quite easy, they ask you how long you've held a license and not if you have a valid license, and what type of license you hold. At no point do you have to produce the license.
I know somebody who was insured whilst banned from driving (not that i condone it), but he registered the car in somebody elses name and got insured on it himself. If the police did a PNC check the car came back as insured and not registered to a banned driver.

shaun_from_Africa

I know somebody who was insured whilst banned from driving (not that i condone it), but he registered the car in somebody elses name and got insured on it himself.

In which case he wasn't insured.
He may have paid the premium, but if you fail to disclose any convictions or other relevant facts to the insurance company then they will invalidate the policy in the event of a claim, and a very simple check either by the insurance company or the police would soon discover that his licence did not cover him to drive in the UK and that he lied or failed to disclose facts to his insurers.

darkwarrior

globetraveller wrote: »

This is a bit of a strange tale. I have added my sister to my insurance several times in the past for short periods but she has never had to provide her driving licence. I take it your mother only took a 30 day insurance because SHE needed proof your OH had a driving licence? If not- who is in the insurer? If OH has a driving licence why on earth hasn't he provided it before now?
Why does he need to court? Can't he just pay the fine and take the points?
Whatever the reasons, he was driving uninsured. There isn't an excuse.

It was with a company called E-car, I assume it was just a policy specific to them.

To most of the early posters, I spoke with the guy on the phone, he was going to leave them at the side of the road while they waited for someone to come down the motorway and pick them up.

The rest of you who commented that it is an absolute crime? What a load of todwozzle. We pay our bills, our road tax, our insurance and for a brief moment a mistake was made and instead of a severe warning for what was an honest mistake there is now undue stress on everyone. I'm 26 and I feel physically ill because I have to worry about my sister who feels ill because some !!!!!!! pulled her over to the side of the road and threatened to seize her car while she was there with her two baby boys. Meanwhile there are people racing around in their cars with no insurance, mowing people down and getting £200 fines.

My friends brother drove a $10,000 mini, while drunk, into a lamppost, injuring his drunk passenger and writing the car off. His insurance went up but he was driving in a year. THAT kind of person shouldn't be driving for half a decade. Hell, he should have been put in jail because he could have killed someone. Or those who get caught speeding massively over the limit but get away with it because they need to drive for work.

You need to get your priorities in order, driving without insurance should be a crime, but it shouldn't punish the people who continuously pay their way and make an honest mistake. It's not like we were just avoiding paying it. And trust me I wish I could, my own insurance has gone up £300 over the last 3 years and I haven't done a damn thing wrong except live in an area.

darkwarrior

Fire_Fox wrote: »

http://forums.moneysavingexpert.com/showpost.php?p=40779196&postcount=22
http://forums.moneysavingexpert.com/showpost.php?p=39496514&postcount=1
http://forums.moneysavingexpert.com/showpost.php?p=38708984&postcount=25

What's the point of this?

shaun_from_Africa

The rest of you who commented that it is an absolute crime? What a load of todwozzle

What people stated wasn't that it was an absolute crime, but an "absolute offence" .
This term is one that is used in law, and it simply means that no unlawful intent or recklessness has to be be proven, nor can not knowing about the lack of insurance be used as a defence. (or as you stated, an honest mistake).

It may well have been an honest mistake, but that is the whole crux of the "absolute offence" definition.
It doesn't matter how or why the offence happened, the simple fact that it did is enough to prove guilt.

darkwarrior

shaun_from_Africa wrote: »

What people stated wasn't that it was an absolute crime, but an "absolute offence" .
This term is one that is used in law, and it simply means that no unlawful intent or recklessness has to be be proven, nor can not knowing about the lack of insurance be used as a defence. (or as you stated, an honest mistake).

It may well have been an honest mistake, but that is the whole crux of the "absolute offence" definition.
It s=doesn't matter how or why the offence happened, the simple fact that it did is enough to prove guilt.

Starts to wear you down this stuff. My doctor friend recently was hit with a "hit and run" offence for allegedly hitting another car in a car park and driving off. The owner/witness of the car said he did it but the times she gave didn't mesh with when he was in the car park (shown on camera), her friend/witness gave differing statements, one said he got out of the car to check the other said he didn't. He had no damage to his car, an engineer said he couldn't have done but wasn't allowed to testify, he has a BMW with sensors to avoid such incidents but the word of the two ladies was taken and he was hit with (i think) 6 points plus an additional £2,000 insurance.

Doesn't pay to try and be an honest citizen.

custardy

darkwarrior wrote: »

It was with a company called E-car, I assume it was just a policy specific to them.

To most of the early posters, I spoke with the guy on the phone, he was going to leave them at the side of the road while they waited for someone to come down the motorway and pick them up.

The rest of you who commented that it is an absolute crime? What a load of todwozzle. We pay our bills, our road tax, our insurance and for a brief moment a mistake was made and instead of a severe warning for what was an honest mistake there is now undue stress on everyone. I'm 26 and I feel physically ill because I have to worry about my sister who feels ill because some !!!!!!! pulled her over to the side of the road and threatened to seize her car while she was there with her two baby boys. Meanwhile there are people racing around in their cars with no insurance, mowing people down and getting £200 fines.

My friends brother drove a $10,000 mini, while drunk, into a lamppost, injuring his drunk passenger and writing the car off. His insurance went up but he was driving in a year. THAT kind of person shouldn't be driving for half a decade. Hell, he should have been put in jail because he could have killed someone. Or those who get caught speeding massively over the limit but get away with it because they need to drive for work.

You need to get your priorities in order, driving without insurance should be a crime, but it shouldn't punish the people who continuously pay their way and make an honest mistake. It's not like we were just avoiding paying it. And trust me I wish I could, my own insurance has gone up £300 over the last 3 years and I haven't done a damn thing wrong except live in an area.

so as long as I paid my bills I could 'forget' about my insurance and just take out insurance if i get stopped?