18 year old son had insurance cancelled following motoring offence and 28 day ban

maninthestreet

How can the 17 year old with 6 points on his licence keep it??? What insurance company would agree to insure a 17 year old with 6 points already on their licence ??

Joe_Horner

CFC wrote: »

I think the insurance company cancelled quite legitimately. The lad allowed an underage child without a driving licence to drive. What insurer wants to cover someone who did that? Of course they canx the insurance!

There isn't any "of course" about it. Generally, cancelling contracts (not just insurance, any contracts) without the other party breaching it is frowned on. Otherwise, contracts themselves become meaningless.

Whether or not what he did would be a breach of contract would depend on whether the contract has a clause about letting 16 year olds without licences drive round car parks (or at least something less specific that would cover the situation).

If it doesn't then what he did may well be a reason to refuse renewal but it's probably not a valid reason to cancel mid-term. They don't have to accept your business in the first place but, once they have accepted it, they should be expected to honour it for the term.

Aretnap

maninthestreet wrote: »

How can the 17 year old with 6 points on his licence keep it???

Why would he not? The New Drivers Act doesn't apply as he had not passed his test at the time of the offence. His licence will be revoked if he gets any more points in his first two years after passing his test.

What insurance company would agree to insure a 17 year old with 6 points already on their licence ??

One which has assessed the risk he poses to them and judged that the premium he's paying is high enough to match the risk. Very few people are such high risk that they can't get insurance at any price.

Aretnap

Joe_Horner wrote: »

Whether or not what he did would be a breach of contract would depend on whether the contract has a clause about letting 16 year olds without licences drive round car parks (or at least something less specific that would cover the situation).

I had a quick look at Admiral's policy documents expecting to find a clause allowing them to cancel you're insurance if you're banned from driving, but there doesn't seem to be one. However there is a general exception where the car is "driven with Your consent by someone who does not hold a valid Driving Licence orare breaking the conditions of their Driving Licence" (page 22) and a clause allowing them to cancel if you ignore or fail to comply with that exception (page 23).

There's also a clause which purports to allow them to cancel "if You behave in a manner that makes it inappropriate for Us to continue Your Insurance", but that's so vague I suspect it must border on being bad for uncertainty and/or falling foul of consumer protection law.

You're quite right of course that whether they're entitled to cancel depends on what the contract and relevant legislation say, not on what they think of what the boy did.

atrixblue.-MFR-.

this is it,the 16yr old, he recieved the point before he had his license not during the probationary period so this wont get his lecense revoked, and the probabtionary period starts over so he has 6 points to play with now.

eventhough he is not paying any direct form of money he will be paying for his IN10 for the next 5 years and this is one code the insurers like to bash you for so rest assured he and his parents are paying for the stupidity in one way or another.

kids are kids even at 17-18 they tend to do the stupid things you or i wouldnt have done now weve matured, but everyone at that age has done something stupid, so were not all like the jones's even when people read the riot act on these forums they have a past dark secret.

as for your son, he could enroll in a motoring club, many insurers endorse or sponsor motoring clubs and discount exclusively for being a paid member, something also to note is getting a tracker device fitted, and or a thatchem cat 1 alarm or cat 2 immobiliser or both or the three, just try and get the policy down more.

Aretnap

atrixblue.-MFR-. wrote: »

and the probabtionary period starts over so he has 6 points to play with now.

Not quite. The New Drivers Act is worded so that it applies if, in your probationary period, you get an endorsement which brings your tally to 6 points or more - not just if you get 6 in the probationary period itself. So points aquired before you get your full licence count towards the revocation. But if you get to 6 before you pass your test you don't get your licence revoked as soon as you pass - that would be pointless. What it effectively means for him is that his licence will be revoked if he gets any points at all in the next two years.

tutti_2

The 16year now 17 year old didn't go to court until after he'd passed his test and already had a years insurance, he's advised them of the conviction and they have said they won't insure him next year. Not sure why the 6 points didn't result in a driving ban for him but presume they may have looked leniently as he required it for his job. Anyway either way I'm sure they've both learnt a lesson and I tell all the young drivers I know the tale but TBH I always told my 2 driving was a privilege, looking back I know that my daughter was much more mature at that age but we live and learn ;-)

Aretnap

The points didn't result in his licence being revoked because it's the date of the offence which matters for such things, not the date he went to court. At the time of the offence he hadn't entered his probationary period because he hadn't taken his test. The flip side, and the reason for that way of working, is that if you get caught speeding a second time say one year and nine months after you pass your test, you can't avoid the revocation by dragging out the court process for 3 months and delaying sentencing until after your probationary period is up.

Where the court does impose points and the New Drivers Act does apply the court has no power to prevent the revocation - it's an administrative process done by the DVLA, not part of the sentence. If the court is inclined to leniency the only thing it can do is impose fewer than 6 points (not possible for no insurance except in exceptional circumstances) or to impose a short ban instead of points (as they seem to have done for your son).

It's also a misnomer to say that getting 6 points as a new driver means a ban - a ban and a revocation are two quite different things. A ban is for a set length, during which time you can't drive at all, even as a learner. A revocation isn't for a fixed period - you can get a new provisional immediately and drive as a learner, and you can get a full licence again as soon as you can arrange and pass a driving test, which may take anything from a few weeks to the rest of your life depending on how good a driver you are.

littlepinkstars44

Not really followed the whole thread...but just have a wee question about the 6 points. If he got them at age 16, did he even have a provisional licence then? As I thought you could only apply for one a couple of months before your 17th birthday, but the licence isn't actually valid until you turn 17? So would those 6 points just go straight onto the provisional when he did get one?

Joe_Horner

littlepinkstars44 wrote: »

Not really followed the whole thread...but just have a wee question about the 6 points. If he got them at age 16, did he even have a provisional licence then? As I thought you could only apply for one a couple of months before your 17th birthday, but the licence isn't actually valid until you turn 17? So would those 6 points just go straight onto the provisional when he did get one?

Yes they do. Great way to encourage all those unlicenced youngsters to do the right thing, eh?

There couldn't possibly be any thought of "I'll get hit for 6 points and imposible insurance so may as well carry on driving unlicenced anyway" going through their sweet little heads!