car insurance - nightmare!!!!!!! please help

Kerry2015

thanks for all you advice - sorted

mcjordi

you'll get the points and fine im afraid.. its ultimately your responiblity to make sure the car is insured.. you may get a goodwill gesture from the insurer but dont hold out hope..
you should be insuring the car and getting it out of the compound as the charges soon mount up. you have 14 days to recover the car after which the police/recovery yard can dispose of it by ways of scrapping or selling it

rs65

Kerry2015 wrote: »

we've spoken to M&S who don't know why the insurance wasn't carried forward, they will get back to us. still waiting to hear from them. they have passed it to their police liaison dept.

Do you have a Certificate of Insurance for the new period ?

Kerry2015

thanks for your replies, i'm looking through everything now. I've got the automatic renewal letter but not sure if I've received the new insurance certificate. I was convinced it was all sorted, I've always had to cancel insurance to stop it before (when switching).

ChumpusRex

The law does not allow any excuses at all for driving without insurance - either have insurance, and the insurance company confirms in writing that you were insured on the day in question for the vehicle inquestion (not guilty) or they don't (guilty as charged, m'lud).

It is irrelevant if you thought you were insured.
It is irrelevant if you have an offer of renewal.
It is irrelevant if you have a certificate of insurance.
It is irrelevant if the insurer didn't carry forward your insurance by mistake.
It is irrelevant whether or not the insurer told you they were cancelling your insurance.
It is irrelevant whether the insurer broke the law or broke their terms and conditions when cancelling or failing to renew your insurance.

If your insurer says you weren't insured, then you will be found guilty in court. In which case, better to plead guilty and take the £300 and 6 points, rather than risk the court giving a higher penalty.

I learned this the hard way. Now, I renew my insurance 28 days in advance of the renewal date, paid in full up front. This gives me time to check the bank statement to be sure the payment has gone through. Then for the first 2-3 days after the renewal, I ring the insurer twice a day to check that the insurance is in place. It's the only way to be sure. Unfortunately, on the time I assumed an automatic renewal would take place - I assumed wrong, and it cost me dearly.

Unfortunately, in this situation, the law requires you to be sure, and imposes a serious punishment, whether it is your fault or not.

rs65

Kerry2015 wrote: »

thanks for your replies, i'm looking through everything now. I've got the automatic renewal letter but not sure if I've received the new insurance certificate. I was convinced it was all sorted, I've always had to cancel insurance to stop it before (when switching).

If you have the certificate then its valid until cancelled.

If you don't then you are looking for M&S to confirm you would have been covered.

Either way, you are looking for a letter from M&S (probably the actual insurer) confirming that you had cover.

dacouch

Did M&S collect any money from your bank account / credit card?

I would suggest you contact your bank or credit card provider to check whether M&S requested the money as this may help you

ChumpusRex

rs65 wrote: »

If you have the certificate then its valid until cancelled.

A lot of insurers will send out a new certificate with the renewal documents.

However, if you don't renew, the certificate will not be valid.

The certificate is meaningless. The ONLY thing that matters is whether the insurer held an active policy.

dacouch

ChumpusRex wrote: »

A lot of insurers will send out a new certificate with the renewal documents.

However, if you don't renew, the certificate will not be valid.

The certificate is meaningless. The ONLY thing that matters is whether the insurer held an active policy.

It depends on how they have worded the letter accompanying the letter.

Incidently there is a statutory defence to not having insurance and it's also certainly possible although not that easy (And oiften depends on the particular magistrates) to avoid a conviction for people in similar positions to the OP if the Insurer have not followed procedures and the Insured had good reason to believe they were insured.

thenudeone

ChumpusRex wrote: »

It is irrelevant if you have a certificate of insurance.

Not true.

A certificate is proof of cover unless your insurer can demonstrate that it has been cancelled in accordance with the terms of the policy, and appropriate notice has been given.

By the same token, Insurance is not valid as far as the criminal law is concerned unless your insurer has delivered a certificate (which can be electronically).
http://www.legislation.gov.uk/ukpga/1988/52/section/147

So regardless of your intentions, if you haven't received a new certificate for the new year, you are guilty of the offence.

You should always check https://www.askmid.com a few days after a new policy starts, to make sure that it appears on the insurance database.

Kerry2015

Just wanted to give an update on this. My insurance company have accepted it was a technical problem their end, and resolved this with the police (so I won't have the points or fine). Also got a call this afternoon to say the money to get my car released is going to be refunded to me in next 7-10 days. wanted to post this in case it's any help to anyone who has something similar happen. thanks to everyone who gave advice x