Caught without Insurance

omen666

My sister is a 3rd Named driver on my parents policy. She is 3rd Party on this.

She owns a car and is fully comp on this car. She is getting rid of this car but still has it in her posession. She bought a a 2nd hand 3year old clio on Tuesday night. She was stopped an hour after she bpought it on the way home. She was given a producer and produced her documents yesterday and was told she is being summonsed for no insurance. This is because this is her car and she is not insured for this car.

How can that be?? She has two policies and is fully comp on her old car and is of the impression she is 3rd party on the new car. She got a quote for the car the same day she bought the car and it was a slight little increase and then purchased the new policy Wednesday morning

Any help appreciated

Bettingmad

There is often confusion over the 3rd party rule, basically for you to drive another car 3rd party that car has to be fully insured in the first place. You can't drive a car 3rd party that isn't already insured.

omen666

That car was still insured by the orignal seller and they are saying that now it is her's she is not covered. All she said was she bought it, not necessarily for herself.

Bettingmad

As she has purchased the vehicle she should have had an insurance policy in place for that vehicle. As she did'nt she commits the offence.

taxiphil

Bettingmad wrote: »

As she has purchased the vehicle she should have had an insurance policy in place for that vehicle. As she did'nt she commits the offence.

Does this still apply even if the relevant part of the V5 hadn't yet been posted to the DVLA, as the car had only been bought earlier that day? Hence, technically speaking, the "registered keeper" would still have been the previous owner at the precise moment the OP's sister was stopped by the police. Just a thought.

mrbadexample

Bettingmad wrote: »

You can't drive a car 3rd party that isn't already insured.

Where do you get this from? This isn't true - it may apply to some policies but not all. I've never had a policy stating this.

In this case, it seems that the person has their own fully comprehensive insurance, which allowed her to drive other cars on third-party basis. It will probably state in the policy something like "any car not owned by, or hired or leased to, the policyholder".

As she has bought the new car, it is a car owned by her and thus not covered by the third-party extension.

mrbadexample

taxiphil wrote: »

Does this still apply even if the relevant part of the V5 hadn't yet been posted to the DVLA, as the car had only been bought earlier that day? Hence, technically speaking, the "registered keeper" would still have been the previous owner at the precise moment the OP's sister was stopped by the police. Just a thought.

The registered keeper is not necessarily the same person as the owner. If she's handed over money, and got a receipt, she owns it.

omen666

could she not say she bought it on behalf of my father and was driving it home and now reg it in my dads name?

withabix

Here follows the legal sequence of events for purchasing a car and then driving it home:

1) find car you like
2) view it (not mandatory!)
3) pay for it or leave a deposit(and obtain V5)
4) go away and arrange insurance
5) stop off at post office and pay for road tax (if vehicle is not taxed)
6) go and collect car
7) drive it away

Not complicated.

Bettingmad

mrbadexample wrote: »

Where do you get this from? This isn't true - it may apply to some policies but not all. I've never had a policy stating this.

In this case, it seems that the person has their own fully comprehensive insurance, which allowed her to drive other cars on third-party basis. It will probably state in the policy something like "any car not owned by, or hired or leased to, the policyholder".

As she has bought the new car, it is a car owned by her and thus not covered by the third-party extension.

I'd check your facts first. Quote

'A person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks'

Therefore the original vehicle would have to have insurance of its own in order for someone else to be able to drive it through their own third party insurance.

withabix

omen666 wrote: »

could she not say she bought it on behalf of my father and was driving it home and now reg it in my dads name?

She could, but then the part of the V5 left with the seller would be wrong.

This is also called perverting the course of justice (I think) and would attract a higher penalty than if she just told the truth.