Hit from behind whilst uninsured!

Sgt_Pepper_2

kizkiz wrote: »

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.

You don't get banned bv 6 points.

newfoundglory

Is anyone else getting the feeling that perhaps the insurance, if it actually existed, may not have covered the OP due to time license held and/or age.

For example, Aviva drive away insurance doesn't cover drivers under 21 and Ford insurance won't cover drivers who have had a license less than 12 months.

Obviously i don't know the exact details of the "trade" policy the dealer might have been talking about.

shadowfnx

Good news regarding the damage to the vehicle! I've spoken to a claims agency through a reputable body shop and they've confirmed to me that they will handle everything. They will recoup their own costs through the at-fault party. I explained the situation to them and they told me that even if I was insured at the time, they would not have spoken to my insurer. They'll also help me reclaim loss of wages due to not being at work, and provide me with a courtesy car whilst my one is being repaired.

As far as the issue with the police goes, I have appointments with a couple of lawyers today and will follow their advice.

kizkiz wrote: »

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.

Sgt_Pepper wrote: »

You don't get banned bv 6 points.

I don't think I'd be banned from driving, although during the first two years of your license it can be revoked if you gain 6 points.

JournalGirl

OP, I think some of the comments here are very unkind.

The trader has reneged on his 7 day insurance. You should have an evidence trail that you set up your insurance to commence 7 days after purchase. Why on earth would anyone do that if they didn't have insurance in place.

I truly hope you get this resolved. And as has been said before, the fact your car was not insured won't affect it getting repaired, that is all on the other driver's insurance.

Good luck!

Gloomendoom

bungle4by4 wrote: »

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

hope they throw the book at you.

A nasty and unwarranted comment given the apparent circumstances.

The OP seems to be in this situation primarily as the result of another's dishonesty.

vax2002

Good luck at the solicitors and take ALL the paper work the dealer gave you with you, and anything else connected to the matter.

pendulum

shadowfnx wrote: »

The recording acknowledges that the car was sold to me with the 7 days insurance, and that it was cancelled prematurely.

That isn't a defence to driving without insurance, but in theory it opens the way for a civil action against him to recover your out of pocket expenses incurred by his breach of contract (he promised you 7 days insurance as part of the deal and failed to deliver).

If this criminal matter proceeds further (so far, you appear to be getting away with it in so much as you have not been issued a producer or been charged with anything), you might be able to recover your losses from him (cost of retests, court fine etc). You could be lucky and no further action is taken.

Joe_Horner

Seems to me there are at least 3 issues here:

The damage to your car
The driving without insurance
The dealer's culpability for your situation

The damage seems to be in hand, so try not to worry about that bit cos what will be will be there.

The dealer could be liable in a whole lot of ways, not least in terms of misleading you into making a deal you might not have done otherwise (the offer of non-existent insurance could easily be material to your decision to buy). Also, "private trader" doesn't really exist - he's either a private seller or a trader. The fact he's claiming trade insurance makes it a little hard to be a private seller!

Nut the important one for now is the insurance issue. Vax is correct that it's a strict liability offence but wrong on just about every other count:

You will NOT be at risk of charges for "lying" to the police for a statement you made in good faith - especially seeing as you seem to have been clear that it was in good faith at the time. If that was a risk then no witness to anything could ever safely make a statement in case they were mistaken!

If offered, a fixed penalty will NOT be your best option because it would lead to your licence being revoked. If it goes to court then even a genuine belief that you were insured will not prevent a guilty verdict but it may result in less (or even no) points being awarded if the magistrates accept that you had a reasonable and genuine belief you were covered.

It would be a good idea to speak to a solicitor or two before anything else develops so that you can get a better idea of how reasonable they think your belief sounds. It also gives you a better chance to pick a solicitor you feel happy with in case it does go to court!

jimmym105

Sgt_Pepper wrote: »

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

Ha ha! Awesome!

Another on this forum that clearly is unhappy with their life and seeks revenge anonymously, online, against people who've just asked for help!

A forum version of an 'email hard man'!

What can't you just help people? Hey? I bet you read the Daily Mail. Why can't you try and help the OP?

vax2002

I think we are still waiting for your nugget of information ?
I am sure that between the set of you if you combine your intelligence you could offer the OP some of this help you demand.
All you have between you is flame and fluff, name calling and lager lout mentality shouting down.
Put up ! prove it wrong, offer an alternative, dont stand on the lines with your opinions shouting at the players, get your kit on and get on the pitch.
At best, a heckler with nothing to add.