advise about car in-pound and insurance issue

asoe209

Morning all, was hoping for some advise on a situation my brother and I are in.

He has been borrowing my car as I have been using the scooter (new driver) and normally he give me the money and I put him on temp insurance a month at a time.

On the 7th sept I called to add him on for another 4 weeks, when it came to payment the insurance company normally takes payment at the end of the month with my normal payments, how ever this time they wanted payment there and then. So I had to tell them to cancel it at that as the funds were not in the account and I would call them back to put the insurance on.

A day or 2 later a cover note arrived at my house stating that my brother was added to the insurance, but no payments were made.

On Thursday night my brother was stopped while driving the car, the police checked the insurance and he was not on the system. They went on to in pound the car and he now has to go to court for driving with no insure which I believe is 6 points on his licence.

Being a new driver and on the 2 years probation (new driver act) he only has 6 point on his licence which will me he will lose it and have to re apply for his provisional and im not sure if he needs to do both theory and practical or just practical test again.

I spoke to the insurance company yesterday morning explaining what had happened and the person said that as the cover note for the temp insurance was sent out that they would have to honor that and he would be cover for the time that it states on the cover note.

We went to collect the car from the inpound yesterday evening, and the person behind the desk said thay he was still not on the system and there for was not insured regardless of what the cover note said. We got the car out any way £150 later.

We called the insurance again and they have now said that he name will and can not be added to the insurance, even through the person before said that it should be as that part was there mistake by sending the letter out.

So really im wondering if there is any thing that can be done to save his licence as none of this is his fault. As far as he new he was insured. The letter for a court date has not come through yet sure that’s going to take a few weeks.

But I really want to get some thing done about this.

Can any one help or advise.

Sgt_Pepper_2

Contact the insurance and speak to someone who knows what they're doing. Establish he they will cover him for the time of the stop and if they will to provide you something in writing.

Post back after that.

You could also be looking it points yourself.

ado

asoe209 wrote: »

Morning all, was hoping for some advise on a situation my brother and I are in.

He has been borrowing my car as I have been using the scooter (new driver) and normally he give me the money and I put him on temp insurance a month at a time.

On the 7th sept I called to add him on for another 4 weeks, when it came to payment the insurance company normally takes payment at the end of the month with my normal payments, how ever this time they wanted payment there and then. So I had to tell them to cancel it at that as the funds were not in the account and I would call them back to put the insurance on.

Can any one help or advise.

I think the problem you will have is that you knew that the insurance had not been paid for before the cover note arrived. As such you should have been suspicious of the cover note when it did come through and should have double checked its legality before permitting your brother to drive the vehicle. No insurance is pretty much a black and white offence for which both you and your brother are liable. You permitted you brother to drive when no insurance was in place whilst he drove it without 3rd party cover.

asoe209

yes that is true, I should have checked it as soon as it arrived but for some reason I never. every thing happened with in a number of days and I just never got round to doing it.

I feel really bad as its my fault but he is the one that is suffering for it.

Sgt_Pepper_2

asoe209 wrote: »

yes that is true, I should have checked it as soon as it arrived but for some reason I never. every thing happened with in a number of days and I just never got round to doing it.

I feel really bad as its my fault but he is the one that is suffering for it.

He will be back to a provisional with it all to do again.

You face 6-8 points, how will that affect you?

It's in your interest to get a definitive answer from the insurance.

ruoshui

You should look for those insurance people, they will explain to you, or will produce written notices and documents.

asoe209

Sgt_Pepper wrote: »

He will be back to a provisional with it all to do again.

You face 6-8 points, how will that affect you?

It's in your interest to get a definitive answer from the insurance.

Sorry why do I face 6-8 points?

im insured on the car its just my brother that was not at the time.

I have been driving 5 years and have no points at present. so it would just mean 6-8 points.

fivetide

It's aiding or permitting you also get 6 points and £200 fine and the jacked up insurance - if you don't get the insurance to back up what they said originally. I think the offence code you get will be IN12 (your brother will get an IN10).

Now, here's where the "calls are recorded" comes in. Get them to listen back. If they promised you he was covered then they should back that up. If not, you'll need to go to the ombudsman but certianly worth fighting.

5t.

Quentin

fivetide wrote: »

.......Now, here's where the "calls are recorded" comes in. Get them to listen back.......

If they listen back, won't they hear this:

So I had to tell them to cancel it at that as the funds were not in the account and I would call them back to put the insurance on.

asoe209

fivetide wrote: »

It's aiding or permitting you also get 6 points and £200 fine and the jacked up insurance - if you don't get the insurance to back up what they said originally. I think the offence code you get will be IN12 (your brother will get an IN10).

Now, here's where the "calls are recorded" comes in. Get them to listen back. If they promised you he was covered then they should back that up. If not, you'll need to go to the ombudsman but certianly worth fighting.

5t.

Right, im still not sure as to why I would be getting a code/points. im fully insured and was not present when the car was taken, and my name was not involved at the time. if some one could explain that.

well I know the initial call was recorded when i went to put him on the insurance. as when I called yesterday evening that were listening back to it.

not sure if the one from yesterday morning or evening has been recorded.

Ill call them now and try and talk to a manager.

fivetide

Quentin wrote: »

If they listen back, won't they hear this:

Ignored that deliberately so as not to be having a go at the OP.

I'm assuming, perhaps wrongly, that the OP's brother was still covered on the date he was stopped. Of course with the OP knowing he hadn't paid, he would have known the car was being used without insurance or at least there was a good chance of it if it was past the date he originally insured it for.

Given that he's been trying to do things properly I'd hope he hadn't been that silly, hence the benefit of the doubt....


EDIT to add "when the car was taken" be careful here, sounds like you are suggesting that the car was Taken without Your Consent (TWOC) and could land your brother in more trouble.

you are looking at points if you told him he could drive a car you knew to be uninsured. You've essentially allowed him/helped him the break the law.

http://www.direct.gov.uk/en/Motoring/DriverLicensing/EndorsementsAndDisqualifications/DG_10022425

Aiding, abetting, counselling or procuring

Offences as coded, but with 0 changed to 2 eg LC10 becomes LC12.

Causing or permitting

Offences as coded, but with 0 changed to 4 eg LC10 becomes LC14.

Inciting

Offences as coded, but with the end 0 changed to 6 eg DD40 becomes DD46.

Possibly worth a trip over to www.pepipoo.com to see if they can help more.

5t.