Driving with No Insurance

I am fully insured on my own car, so when a friend thought he may be over the limit i offered to drive his car for him. After being stopped by the Police (random check!) it turns out that because i am not over 25 my insurance policy, although fully comp, does not insure me to drive other vehicles.
The Police Officer was going to issue me with 6 points and a fine, however i told him i am a new Dirver (only had licence for a year) and that six points would take my licence from me
He said as i was a new Driver he had no choice but to issue me with a Court Summons
I have now received this summons
I am desperate not to loose my licence as i travel for work frequently!
I am going to seek legal advice, but has anyone on here got any advice for me
And also the Police Officer has signed his Statement, but it is blank where it says 'Signature witnessed by' is it ok for this not to be signed?

Thanks in advance
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Comments

  • raskazz
    raskazz Posts: 2,877 Forumite
    You might get a more thorough response to this on the Motoring board.

    However, looks fairly cut and dried to me - you drove without insurance, apparently without even checking whether you were insured, and got caught. I'm not sure that there is anything you can do other than hope that the magistrate is feeling charitable on the day.
  • mattymoo
    mattymoo Posts: 2,417 Forumite
    Driving without insurance is one of those offences that you are either guilty or not guilty with no shades of grey in between.
    The penalty (from memory) is 6-8 points plus a fine of typically £200 but it depends on your financial status. I am 95% certain the judge cannot give you 5 points (so you keep your license) because his guidelines say 6-8.

    You need to prepare yourself for the worse. You are very likely to lose your license and will need to make alternative transport arrangements. Insurance (for when you get your license back) will be increased by 50-100% because a driving without insurance conviction means you are the antichrist in the eyes of prosepective insurers.

    EDIT - just checked on the DVLA. It is 6-8 points.
    http://www.direct.gov.uk/en/Motoring/DriverLicensing/EndorsementsAndDisqualifications/DG_10022425
  • atchaa
    atchaa Posts: 7 Forumite
    how did the cop find out the intricacies of your insurance policy?

    I ask because I know someone who regularly drives uninsured (car is insured on parents name), and has been stopped several times. Each time he has just said he is insured, and whatever checks the cop did turned up nothing, and he was sent on his way.

    Its a shame when your own honesty brings you down, makes me furious
  • DaisyFlower
    DaisyFlower Posts: 2,677 Forumite
    Mattymoo is right, prepare yourself for the worst. Judges take a harsh view on driving with no insurance as you had no cover in respect of TP's, be it a pedestrian or another car.

    Your insurance premium will increase and some companies will not cover drivers with this conviction if under 25.

    Driving of other cars extention is issued by some insurers but not to drivers under 25.
  • Id reiterate what the other poster said, how would a cop know your insurance conditions?

    It seems to me he has just assumed that because its a common one, If I was you I'd get the paperwork out and look and ensure it is the case as you might be lucky

    Also who is your friends insurer? Its unlikely but their is at least 1 company whose policies insures all under 25's for a premium, he might even have that(although unlikely)

    As for the offence, if your guilty your guilty, seek legal advice but I think toting up means you will lose your licence and I dont think those within the first 2 years have the same right to argue to keep it- although not sure
  • silvercar
    silvercar Posts: 49,139 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    The really bad news is that 6 points means you will lose your licence and, as a newish driver, have to retake both your theory and practical test.

    Double check your insurance policy and also your friends. Some policies allow for others to drive their car if they are taken ill.
    I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It will say explicitly on the policy if your cover extends you to driving other cars. I guess in court your defence can only be that you believed in all good faith that you were covered being comprehensively insured, and that you deeply regret making the error, and will make sure your policy explicitly covers you for other cars in future.

    It seems the police can check as they did it on police, camera, action tonight on itv1.
  • jackieb
    jackieb Posts: 27,605 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    atchaa wrote: »
    how did the cop find out the intricacies of your insurance policy?

    I ask because I know someone who regularly drives uninsured (car is insured on parents name), and has been stopped several times. Each time he has just said he is insured, and whatever checks the cop did turned up nothing, and he was sent on his way.

    Its a shame when your own honesty brings you down, makes me furious


    My son was stopped by the police because one of his bulbs had fused. He had to go to the police station within 7 days with all his insurance papers, driving licence etc. He had to get a stamped and signed certificate from a garage, which the police had given him, stating that his lights were now working, and this cost him £5. The garage apologised for charging for this. If the police had bothered to look out into the car park when my son went down with his papers they would have seen that he's replaced the bulb. I thought everyone had to produce their papers whenever the police stopped them and found something wrong? :confused:
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jackieb wrote: »
    I thought everyone had to produce their papers whenever the police stopped them and found something wrong? :confused:
    Within a certain number of days. You aren't expected to have them with you all the time.

    As the OP randomly decided to drive somebody else's car because that person randomly decided to get drunk, it's highly unlikely his check list that night was: aftershave, fags, lighter, keys, lucky pants, insurance certificate in case I decide to drive somebody else's car and the police stop me

    I got the impression the police finding out/assuming he had no insurance cover was at the time/on the spot/then & there. I could be wrong ... it's been known often


    :)
  • jackieb
    jackieb Posts: 27,605 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Within a certain number of days. You aren't expected to have them with you all the time.

    As the OP randomly decided to drive somebody else's car because that person randomly decided to get drunk, it's highly unlikely his check list that night was: aftershave, fags, lighter, keys, lucky pants, insurance certificate in case I decide to drive somebody else's car and the police stop me

    :)

    I know that. :) I said in my post that my son had to produce his papers within 7 days.
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