Hit from behind whilst uninsured!

vax2002

The problem with the recording is how do you prove, it is the dealer and not your mate from down the pub acting it out, recorded conversation evidence requires a very high level of proof that those people are in fact the ones recorded.
Even then it would only prove that the Dealer told the OP and load of Codswallop.
No insurance cases tend to be dealt with on the same day in court and you could be in a sheep dip of a dozen cases, the clerk of the court will ask if you if you have any certificate you can produce before the bench, if you can not, the process is usually over in seconds, they will only hear "legal arguments" and mitigation before sentence as the offence is one of absolute liability.
It is often referred to as the "rabbit out of the hat" day, you either pull one out, or you dont.

shadowfnx

bungle4by4 wrote: »

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

hope they throw the book at you.

Right, because I'm sure your perfect self has never been misled or conned by anyone!

I had no intention of driving uninsured or breaking the law. I was scammed and made to believe that the trader would keep his "drive away insurance" on the car. As further proof of my non-intention to break the law, I had already taken out cover of my own to start the day that the trader said his cover stops. I also have a recording of the trader stating that he lied to me.

Next time you make an honest mistake in your life, I hope it doesn't end up as bad for you as it has me.

harveybobbles wrote: »

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.

I was also given a 3 month mechanical warranty. The insurance was separate and was part of the sales pitch of the trader. He told me about it on the phone when I first called up about the car, then whilst seeing the car and one last time as I handed him the cash deposit. It was all part of the convincer that I could take the car on the same day.

Sgt_Pepper_2

vax2002 wrote: »

Insurance is by "way of bond" if you had temporary insurance you would have been issued with a certificate or cover document such as you get with hire cars.
If you have only taken the word of a car dealer, then I am afraid you have lost your licence if you are a new driver and if you have lied to the police at roadside about insurance, possibly your liberty as well for perverting the course of justice if it comes to light.
If you have not told your new insurance about the RTC, that will be voided as well.
The vehicle does not have insurance on it as a private car, you do as a driver, no certificate = no insurance.

You keep quoting this pervert the course of justice rubbish and every time you are wrong.

OP don't listen to his scaremongering.

shadowfnx

I'm in the process of speaking to an accident claims company. I will be sure to keep this thread updated. Thanks again for the replies everyone.

Sgt_Pepper_2

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.

A fixed penalty after an accident is very doubtful and wouldn't help the op, hip licence will be revoked by the dvla.

If may get less than a £200 fine in court.

neilmcl

vax2002 wrote: »

Insurance is by "way of bond" if you had temporary insurance you would have been issued with a certificate or cover document such as you get with hire cars.
If you have only taken the word of a car dealer, then I am afraid you have lost your licence if you are a new driver and if you have lied to the police at roadside about insurance, possibly your liberty as well for perverting the course of justice if it comes to light.
If you have not told your new insurance about the RTC, that will be voided as well.
The vehicle does not have insurance on it as a private car, you do as a driver, no certificate = no insurance.

Total scaremongering nonsense again. OP, don't listen to this poster he has a reputation for spouting this rubbish. Loss of liberty my !!! :rotfl::rotfl::rotfl:

vax2002

Bit early for the larger louts, must be Saturday again...

Sgt_Pepper_2

vax2002 wrote: »

Bit early for the larger louts, must be Saturday again...

True, judging by your advice you've had a few.

nottoolate

neilmcl wrote: »

Total scaremongering nonsense again. OP, don't listen to this poster he has a reputation for spouting this rubbish.

very true. :rotfl:

kizkiz

vax2002 wrote: »

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..
.

They can't do that.
He's a new driver, so the fixed penalty of 6 points cannot be issued as only a court can ban someone.