Hit from behind whilst uninsured!

closed

did you get a cover note from the trader?

shadowfnx

closed wrote: »

did you get a cover note from the trader?

Nope. He just said to call him should I need to make a claim (fat lot of good that did!). It was my responsibility at the end of the day and I won't be so trusting in the future.

TrickyWicky

In this recording you have he does actually acknowledge the insurance does he? - even if saying he cancelled it - as long as he acknowledges that he had initially said you would be insured you have a bit of a defence. Make a copy of it before revealing it to the police and a solicitor. Also consider a small claim against the trader.

shadowfnx

TrickyWicky wrote: »

In this recording you have he does actually acknowledge the insurance does he? - even if saying he cancelled it - as long as he acknowledges that he had initially said you would be insured you have a bit of a defence. Make a copy of it before revealing it to the police and a solicitor. Also consider a small claim against the trader.

The recording acknowledges that the car was sold to me with the 7 days insurance, and that it was cancelled prematurely. It also contains other tidbits that would help tip the scales in my favour. I'm keeping it as a last resort, and have made a copy.

If I cannot complete the repairs through an accident claims company - or if I get in trouble with the police - I'll most certainly be taking action against the trader. Otherwise I want nothing more to do with the guy!

JournalGirl

vax2002 wrote: »

Any traders insurance will only cover vehicles he owns, once sold I doubt very much any cover exists, any such policy would cost tens of thousands in premiums, as you have found out, it was total windbaggery and bull.

Not so...this seems to be common now for trade insurance to cover your first seven days. I had this on a car I bought last year. I did get paperwork though.

harveybobbles

We give 7 days insurance - but its done via Aviva/HPi. WE get all the paperworked emailed to us and we print it all off for the customer and thats that.

Part of me is thinking that the 7 day insurance that the trader gave the OP was perhaps a mechanical insurance? ie a 7 day warranty?

Just a thought.

Either way, the two main issues here are:

The OP was involved in an accident.

The OP had no insurance.

vax2002

TrickyWicky wrote: »

In this recording you have he does actually acknowledge the insurance does he? - even if saying he cancelled it - as long as he acknowledges that he had initially said you would be insured you have a bit of a defence. Make a copy of it before revealing it to the police and a solicitor. Also consider a small claim against the trader.

Unfortunately, the Law only allows this defence if you are in servitude of another such as an employee.
The recording is inadmissible as evidence of anything.

The reason I have recommended the OP take a solicitor to the police station is a good one may be able to persuade the police to deal with the matter by way of fixed penalty notice, which is far better than what will be dished out in court as that will be a loaded punishment for using a !!!! and bull story to try and mitigate it, "this bloke told me it was OK" the magistrates will choke on that one.

If the police are looking for a quick result they may go with the Fixed Penalty and drop the statement where the OP changed the course of justice by referring to this non existent insurance.
Driving with no insurance is an absolute liability offence in a private car and unless the OP can come up with a genuine certificate that covers him, he will be guilty as charged.

MSE does like to be the Magic fix all fairy, but unfortunately, real life is a bit more complicated.

My advice, solicitor, get them to beg for the fixed penalty option at the producer stage or even before.

The police have taken a signed statement, they will be back.

colino

You seem to a bit confused about some crucial points here. As a lifeline, did the trader not offer the 7 day driveaway insurance. It's been around for a while now and as part of a car deal looks good to a buyer and gives the insurance co. an almost guaranteed sale. (Even some of the auctions do it too). Perhaps either you or the trader will have a scrap of paperwork for that?

vax2002

colino wrote: »

Perhaps either you or the trader will have a scrap of paperwork for that?

A scrap of paper wont help, he would need a copy of a signed policy certificate, all he has is hot air.
The trader has basically said tough, I was lying and in absence of any certificate he is pretty roasted, but I do agree, I would go through the paper work from the dealer with a nit comb looking for the certificate or cover note.

It is a bit cruel of the Dealer if that is what he has said, but it will have no bearing on the charge of no insurance if it is laid, you either have it, or you dont, you can either produce a certificate of bond of insurance for purpose of the road traffic act or you can not.

The time for the shaggy dog tale, would be at mitigation before sentence, not as defence against the charge.

Personally given the statement made to the police, I would be preying they go for the fixed penalty option.

TrickyWicky

bungle4by4 wrote: »

driving without insurance... no matter how you dress it up, or try to excuse it.

hope they throw the book at you.

Bit harsh considering that the trader who sold the op the car lied and set them up. Sure the op should of checked the papers etc but the excitement of having a new car and your freedom after gaining your licence.. there is a LOT to take in and learn. When I passed my test me and my partner double checked everything and even rang the police to double check what was needed before we set off for our first outing in the car. Two of us it took to be 100% about it. Not everyone has someone else to watch their back.

vax2002 wrote: »

Unfortunately, the Law only allows this defence if you are in servitude of another such as an employee.
The recording is inadmissible as evidence of anything.

The reason I have recommended the OP take a solicitor to the police station is a good one may be able to persuade the police to deal with the matter by way of fixed penalty notice, which is far better than what will be dished out in court as that will be a loaded punishment for using a !!!! and bull story to try and mitigate it, "this bloke told me it was OK" the magistrates will choke on that one.

If the police are looking for a quick result they may go with the Fixed Penalty and drop the statement where the OP changed the course of justice by referring to this non existent insurance.
Driving with no insurance is an absolute liability offence in a private car and unless the OP can come up with a genuine certificate that covers him, he will be guilty as charged.

MSE does like to be the Magic fix all fairy, but unfortunately, real life is a bit more complicated.

My advice, solicitor, get them to beg for the fixed penalty option at the producer stage or even before.

The police have taken a signed statement, they will be back.

I don't doubt what you are saying however there is a recording in existence which does refer to this 7 days insurance. With a fixed penalty you have the opportunity to go to court and argue your case so it seems only logical that the op should also have this right. I'm no legal expert with these things though and your advice about seeing a solicitor for proper help is 100%.