Pulled over for driving with no insurance...

Aretnap

thegirlintheattic wrote: »

If the court accepts a guilty plea but doesn't award points, doesn't it still count under the question "Have you had any convictions etc?". If that is the case, the OP may still find it hard to obtain cheap insurance or hire cars.

It is still a conviction, and she would have to declare it if asked. It does make a difference in two ways though. First, most insurers are only interested in endorsable offences - you won't find "no seatbelt" or "misuse of headlights" on their drop down menus. (That said when I just tried entering an IN10 with no points and no ban on Confused.com I found hat it did still increase my premium as if I'd got 6 points for it, so she may have to speak to a real person to explain the situation and see what they advise). Secondly if she avoids a fine the offence becomes spent much more quickly - an absolute discharge, for example, would become spent after 6 months, and would not have to be declared after that time.

tyroleandancer

Bumping this as my nephew has been stopped for driving without insurance.
It is his mothers car that has been insured since feb with M&S. He borrows it x 2 weekly to go to a meeting. When he was stopped he was asked how often he drove it(answer was 2 x weekly)
He has been given a penalty but wants to plead not guilty.
I have no idea at this moment why the insurace has lapsed. Guessing my sister who has a long history of mental health problems, breakdown, depresssion etc has gone overdrawn and therefore the payment hasn't gone out, I can't see any other reason??
I accept that that he was the one driving and should take the penalty but my sister wants to go to court and take the points herself.
Thank you

marlot

Foxy-Stoat wrote: »

Have you got a motor insurance policy in your own name? You may have driving other car extension, depending on the wording in your policy document. Worth a look.

Good advice

spiro

tyroleandancer wrote: »

I accept that that he was the one driving and should take the penalty but my sister wants to go to court and take the points herself.
Thank you

She cant take the points herself because she was not driving. The best she could do is say that she told him it was insured but techically he is supposed to check himself. That may provide mitigation but will depend on the rules about what the penalty range is for the offence.

Foxy-Stoat_3

Nephew will be prosecuted for driving with no insurance, unless he has driving other cars extension on his policy but if he is under 25 he may well not.
Mother will be prosecuted for aiding and abetting driving with no insurance

Unless they get a very good lawyer and plead with mitigating circumstances, but I suspect that if you are responsible enough to own a motor car, you are responsible enough to take the penalties.

She cant take the points instead of the Nephew has she wasn't driving at the time and he should of at least asked to see the valid certificate of insurance.

Sgt_Pepper_2

Foxy-Stoat wrote: »

Nephew will be prosecuted for driving with no insurance, unless he has driving other cars extension on his policy but if he is under 25 he may well not.
Mother will be prosecuted for aiding and abetting driving with no insurance

Unless they get a very good lawyer and plead with mitigating circumstances, but I suspect that if you are responsible enough to own a motor car, you are responsible enough to take the penalties.

She cant take the points instead of the Nephew has she wasn't driving at the time and he should of at least asked to see the valid certificate of insurance.

The mother will be done of permitting no insurance.

tyroleandancer

Thank you all for replying it's appreciated I guessed that would be the case and I agree he is 24 years of age and knowing his mothers history should have double checked. There was no mention of my sister being prosecuted but I assume this could be the case if she goes ahead with an appeal.

Herzlos

spiro wrote: »

She cant take the point herself because you was not driving. The best she could do is say that she told him it was insured but techically he is supposed to check himself. That may provide mitigation but will depend on the rules about what the penalty range is for the offence.

You'd really not be allowed to take insurance on trust from your parent, and need to see the documentation? How many people do that every year? I'm a named driver on 2 cars and I don't even know when the renewal date it.

As to checking the insurance status; I doubt the insurance company would be willing to discuss that with anyone other than the policy holder, so how would an independent check work?

I'm not saying driving without insurance isn't wrong, it's a serious issue and needs dealt with, but maybe the penalty should be split across the driver and policy holder rather than doubled-up, and intent taken as a factor when deciding.

tyroleandancer

Herzlos wrote: »

You'd really not be allowed to take insurance on trust from your parent, and need to see the documentation? How many people do that every year? I'm a named driver on 2 cars and I don't even know when the renewal date it.

As to checking the insurance status; I doubt the insurance company would be willing to discuss that with anyone other than the policy holder, so how would an independent check work?

I'm not saying driving without insurance isn't wrong, it's a serious issue and needs dealt with, but maybe the penalty should be split across the driver and policy holder rather than doubled-up, and intent taken as a factor when deciding.

I agree with you, my son would assume we had insured our car and wouldn't think to check. My sister had purchased insurance, my nephew had seen the document and was actually present when she took the insurance out. What he didn't know is that it had not been paid for the last 2 months.

Foxy-Stoat_3

Can not check his motor insurance, if he has a policy for driving other cars?