Uninsured driver

neilmcl

Looks like your son will have to pay up to get his car back but there's no reason why he can't still persue a claim via the MIB.

Cash-Strapped.T32

Using a recording as evidence during legal proceedings in order to prosecute a person is one thing, I would suggest that using it as proof of an agreement is possibly another?

Notmyrealname

If your son has legal expenses on his insurance, now is the time to use them to sue the woman for the cost of the repair. When a guy hit me and wanted to be a !!!! about it, once he found out I had £10,000 on tap to use to chase him for the money he paid up.

Sgt_Pepper_2

vax2002 wrote: »

if you do not report the accident involving a non insured driver your son will be guilty of "assisting and offender" and will almost certainly be sent to prison.

Please stick to facts and don't scaremonger.

OP he won't be sent to prison for this.

As already stated, check the legal cover with his insurance policy.

vaio

neilmcl wrote: »

Looks like your son will have to pay up to get his car back but there's no reason why he can't still persue a claim via the MIB.

Yep, get on to the MIB

vax2002

Scaremongering ?

The Op' son has been involved in an incident in which the other party has declared that they have no insurance, this is a criminal offence, her son has the agreed to "conspire with the criminal" in order to conceal the crime of said offender and prevent the offence from detection, this has two edges, both conspiracy to pervert the course of justice and assisting an offender Part 2 of the Serious Crime Act 2007 creates, at sections 44 to 49 have replaced the common law offence of concealment.
Section 4 criminal law act relates directly to "assisting an offender"
Otherwise assisting a principal offender to avoid arrest.
unfortunately it is an arrestable offence that was committed, this takes it in to a far more serious area of law if it can be proven that the actions of the co-defendant/ accused would have prevented that offence from detection.
I think it is more than fair comment to say the other driver would have been reported for no insurance.
If you act in any way that would lead to an offender escaping justice you will be guilty of the offence, if you agree a plan, you will be guilty of conspiracy as well.
The op' son has conspired with the offender to cover up the crime, one that would have almost certainly seen the non insurance driver prosecuted.
Legal cover is not a magic duster that will make the police go away and in any case the insurance will have a contractual obligation about notification which would remove any other insurance than the road traffic act.
The MIB have similar clauses about coperation with law enforcement and your own insurance.
The time that has elapsed would be taken in to consideration and the length of the concealment.
But make no mistake, what has happened here is criminal offence and the OP should seek Legal advice.

Sgt_Pepper_2

vax2002 wrote: »

Scaremongering ?

The Op' son has been involved in an incident in which the other party has declared that they have no insurance, this is a criminal offence, her son has the agreed to "conspire with the criminal" in order to conceal the crime of said offender and prevent the offence from detection, this has two edges, both conspiracy to pervert the course of justice and assisting an offender Part 2 of the Serious Crime Act 2007 creates, at sections 44 to 49 have replaced the common law offence of concealment.
Section 4 criminal law act relates directly to "assisting an offender"
Otherwise assisting a principal offender to avoid arrest.
unfortunately it is an arrestable offence that was committed, this takes it in to a far more serious area of law if it can be proven that the actions of the co-defendant/ accused would have prevented that offence from detection.
I think it is more than fair comment to say the other driver would have been reported for no insurance.
If you act in any way that would lead to an offender escaping justice you will be guilty of the offence, if you agree a plan, you will be guilty of conspiracy as well.
The op' son has conspired with the offender to cover up the crime, one that would have almost certainly seen the non insurance driver prosecuted.
Legal cover is not a magic duster that will make the police go away and in any case the insurance will have a contractual obligation about notification which would remove any other insurance than the road traffic act.
The MIB have similar clauses about coperation with law enforcement and your own insurance.
The time that has elapsed would be taken in to consideration and the length of the concealment.
But make no mistake, what has happened here is criminal offence and the OP should seek Legal advice.

What are your legal qualifications?

Google?

Sgt_Pepper_2

No insurance an arrestable offence, since when?

Nine_Lives

LoL @ the idea of being sent to prison.

I had a bump a few years ago as i was overtaking (safely) a chap. I wasn't aware of who the driver was until my passenger pointed out & at that point i wish i hadn't bothered as i knew OF him as a nutcase.

Sure enough, he showed how much of a nutcase he was by swinging right ......... right into me.

He then came behind me flashing & such. I didn't stop as this guy was 1) a nutter & 2) would likely leave me toothless, putting it nicely.

So i didn't stop. When i got home i had a call from the police. I explained why i didn't stop, although agreed that this would be seen as no excuse.

The worst that they were going to do was put points on me (which they didn't do).

I think that is a bit worse than doing what OPs son has done.

"Almost certainly" sent to prison? I thought it was Valentines Day!! Not April Fools!!!

pendulum

vax2002 wrote: »

Scaremongering ?

... her son has the agreed to ... conceal the crime of said offender and prevent the offence from detection

You are also aware, via this thread, of an offence that has been committed. Have you reported it? If not then presumably you're at risk of arrest too?