No insurance! Help!

girlynut

My partner was driving my car today and has been stopped for no insurance. Turns out I overlooked my renewal in March! 6 points on his licence, £200 fine and the car has been impounded.

Have bought a policy online and now attempting to get car out asap to avoid more costs from the pound.

BUT my partner has cover for driving other cars on HIS motor policy. So there was valid third party cover in force whilst he was driving it today.

Is there any way we can challenge the penalty?

societys_child

girlynut wrote: »

BUT my partner has cover for driving other cars on HIS motor policy. So there was valid third party cover in force whilst he was driving it today.

Is there any way we can challenge the penalty?

First of all, check that it doesn't say on his policy that the "other car" needs to have current insurance. Some do, some don't.
Providing it doesn't, you should be able to challenge it. Your other problem is that any vehicle without current insurance should be SORNed. A letter from the DVLC. may be on it's way.

keith1950

Hi, that was my first thought, i was sure the car had to be legally 'on the road' for this cover to apply !!

Ms_Chocaholic

It might be worth double checking that the insurance policy that expired in March did not auto renew, many do

raskazz

LordSVS wrote: »

Certainly not. The car he was driving has to be insured, whether he has insurance for driving other peoples cars or not. That's what the law states.

Er, not quite.

The offence of using a vehicle uninsured against third pary risks under s.143 of the RTA is a quite different to the breach of s.144A of the RTA.

S.143 does not state that a driving other cars extension is rendered invalid if the "other" car is insured in its own right. Therefore if the OP's partner was driving a car not owned by him, with permission, and his policy provided for driving other cars with no requirement for the "other" vehicle to be insured then the conviction should be challenged.

On the other hand, if the OP's partner was not the registered keeper of the vehicle then he cannot be in contravention of the s.144A offence.

Quentin

LordSVS wrote: »

Certainly not. The car he was driving has to be insured, whether he has insurance for driving other peoples cars or not. That's what the law states........

Which law?

Ignore this, OP, and tell your partner to challenge the FPN. The car was covered by his DOC cover.

Quentin

LordSVS wrote: »

.... Most policies have in the small writing, that you can drive any car as long as it's insured.......
Also, letting someone drive your car without insurance is an offence under the road traffic act. .....

More unnecessary scaremongering.

A minority of policies make this condition. (And post #2 already pointed this out)

Just ignore these posts from the Lord!

vax2002

He needs to read the policy and its schedule.
First thing is he needs a solicitor who will defend him, they are rare most will want him to be guilty so they can get the money easily .
Once you find one, he will need to take his insurance to that solicitor and the paper work he was given by the police.
The problem you will have is people these days just want it all over and done with, but make no mistake if he gets this wrong, the only thing over and done will be his driving days as he will be uninsurable and his own insurance will be cancelled.
This is a matter for expert legal help, he may have legal cover on his insurance, time to start looking.
A good solicitor will kipper the police up and make them pay every penny of out of pocket expenses including pound costs.

It is down to him now, he either fights back or lays down and lets the dogs have his throat.

Quentin

LordSVS wrote: »

Don't ignore it if you want help. The fact of the matter is, the OP's whatever will have to check his OWN insurance policy to see if he is allowed to drive someone else's UNINSURED vehicle. Not all policies are the same, some will allow you to drive an uninsured vehicle, some will demand that the car has it's own insurance policy.

This point has been made at the start of the thread.

But you came in just scaremongering about what "the law states" DOC doesn't cover uninsured cars, the OP committing an offence etc!

(Though of course cannot now tell us which law states this!)

Quentin

LordSVS wrote: »

Certainly don't ignore the posts from the Lord.

It's to stop people jumping in a Bentley worth £150k, when his third party cover is for a £1,000 Nissan.

I certainly wouldn't be happy if I was giving insurance to a guy that owned a £1,000 Nissan, got into a uninsured £150k Bentley and wrote it off.

More misinformation.

You seem ignorant of what DOC cover is! Read up on it and you will learn that in your scenario, the nissan insured (with third party cover) wouldn't have DOC extension!

Though if he had comp cover + DOC, then the insurer would have no exposure to any damage/write off done to the Bentley in any case.

No-one should take any notice of your posts on this topic!

Quentin

LordSVS wrote: »

I'm not scaremongering, it's a serious offence and should be dealt with (and has, evidently). The OP was committing an offence, that's not scaremongering, it's fact.

The OP has posted for help, it turns out the driver had cover, the FPN can be challenged, and help has been given.

You are just digging a deeper hole.