Hit from behind whilst uninsured!

Johnmcl7

shadowfnx wrote: »

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.

That's correct - if you reach six points within two years of driving you are not banned, instead the license is revoked by the DVLA putting you back to provisional status. It's nothing to do with the courts as they don't revoke the license, it's simply that when you reach the six points the DVLA then automatically revoke the license.

I agree with the advice above about refusing the FPN and taking it to court, if you lose the penalty is still likely six points although the fine could be higher. Although you don't have an automatic defence to the no insurance, it sounds like you had good reason to believe you were insured and you may be able to go for special reason not to endorse.

John

neilmcl

pendulum wrote: »

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.

No defence true, but it could be used in mitigation.

neilmcl

jimmym105 wrote: »

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?

And where exactly is your contribution!

jimmym105

neilmcl wrote: »

And where exactly is your contribution!

Good point, sir!:laugh:

OP - are you in a union that offers legal services? Or does you house insurance include it? This is a potential route to some free legal advice.

Good luck

Sgt_Pepper_2

shadowfnx wrote: »

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.





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.

What insurance are you going to drive the courtesy car on?

It's common you you to drive it on your current policy.

flea72

how much RFL is on the vehicle? if it is a full 6 or 12m from the date of purchase, then the trader would have needed insurance in the OPs name to be able to tax it, as you cant tax a vehicle with a trader policy

F

TrickyWicky

Sgt_Pepper wrote: »

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

OP don't listen to his scaremongering.

Got to admit I thought I'd seen vax posting this perverting the course of justice stuff in other threads but I wasn't sure so I didn't say anything. I have noticed this being brought up repeatedly time and time again in a few threads and no-one ever seems to come back saying they're being investigated for it.

Seems to me that vax has had a run-in with this allegation themselves and are paranoid that everyone else is likely to get investigated for it.

There is a difference between intentionally lying and wasting police time and telling them what you know to the best of your ability. A big difference. Why on earth am I so easily influenced by others?

Sgt_Pepper_2

TrickyWicky wrote: »

Got to admit I thought I'd seen vax posting this perverting the course of justice stuff in other threads but I wasn't sure so I didn't say anything. I have noticed this being brought up repeatedly time and time again in a few threads and no-one ever seems to come back saying they're being investigated for it.:o

No one is ever investigated for it because its not perverting the course of justice. It's something he's heard down the pub. Were it actually the correct offence he'd back it up with some evidence. As yet he's not even tried, what does that tell you?

meercatsunited

shadowfnx
we were rearended in a similar situation. in stationary traffic, woman on phone ploughed into vehicle behind that in turn shunted into us.

insurance damage for all vehicles was paid by the insurance company of the woman who caused the accident and not the one who shunted into us.

the recording of the trader stating 7 days cover for you is really important make sure you provide a copy to the no win no fee claim company.

when taking out a policy always tell insurance companies everything even minor details because they will refuse to pay out and record the conversations you have with them.

good luck with everything

bungle4by4

Gloomendoom wrote: »

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.

I stand by my comment, Its not exactly a difficult thing, arrange your insurance and make sure your paperwork is in order before you turn the car on and drive on the roads with law abiding, insurance paying people.

You need to take more responsibilty for your actions. If your car is not legal, or if your not 100% sure your allowed on the road, dont drive. If a car trader told me the sky was blue, i'd want it in writing, signed by his mother and bank manager before i believed a single word of it.

Its your car, and your fault you drove without insurance. I really do hope they throw the book at you. People like you cost ME money. If you think this is harsh, tough. this is my opinion, if you dont want it then put me on ignore. but make sure your car is legal before you drive it. if your even slightly unsure, take the bus.