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Suing an uninsured driver

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  • zathrasB5
    zathrasB5 Posts: 11 Forumite
    First Anniversary First Post
    I am confused about all these comments that he cannot be forced to pay monies he does not have.  I believe in Scotland if you win in a small claims court and the person still refuses to pay then the Sherriff Officers can be called in and they can seize goods to the value eg the guys car.  
    But I think its time we all started writing to MPs about uninsured drivers.  As folk have been saying, the police are not interested unless someone has been injured.  But I have just had a 30% jump in insuring 2 cars so I am now over £1000.  In a cost of living crisis this hurts but I am lucky I can cover it.  But a LOT of people are now going to go that's too expensive and not pay it, thus massively increase the number of uninsured drivers on the road.
    My solution is take it out the police's hands.  Set up an organisation which randomly checks number plates from CCTV and they have the power to immediately impound cars caught until proof of insurance is given.
  • MattMattMattUK
    MattMattMattUK Posts: 11,145 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    zathrasB5 said:
    I am confused about all these comments that he cannot be forced to pay monies he does not have.  I believe in Scotland if you win in a small claims court and the person still refuses to pay then the Sherriff Officers can be called in and they can seize goods to the value eg the guys car. 
    When people say that someone says they do not have the money to pay, they do not mean a pile of cash, there are plenty of options if the person has assets or income, but often they do not have assets or a legitimate income, in many cases no fixed abode either.
    zathrasB5 said:
    But I think its time we all started writing to MPs about uninsured drivers. 
    To do what exactly? There is very little that could be done in terms of legislation, though perhaps enforcement could be stepped up slightly (eg confiscating and crushing cars), but that brings other problems and costs. 
    zathrasB5 said:
    As folk have been saying, the police are not interested unless someone has been injured. 
    The police are not that bothered unless the injury is serious, they have bigger priorities (and smaller ones) and are underfinanced and overstretched as it is.
    zathrasB5 said:
    But I have just had a 30% jump in insuring 2 cars so I am now over £1000.  In a cost of living crisis this hurts but I am lucky I can cover it.
    Most of the cost is driven by the rising cost of repairs due to parts shortages, that has meant that even relatively easily fixable cars have had to be written off (which then get stripped for parts), but until the global constraints on parts and new vehicle supply are solved this will continue. 
    zathrasB5 said:
    In a cost of living crisis this hurts but I am lucky I can cover it.  But a LOT of people are now going to go that's too expensive and not pay it, thus massively increase the number of uninsured drivers on the road.
    People generally to not insure their car because they cannot afford it, but because they prioritise other discretionary expenditure ahead of paying insurance, as well as general recklessness. Many with convictions for driving without insurance also have convictions for speeding, driving without a licence, driving bans as well as other issues on their criminal records.
    zathrasB5 said:
    My solution is take it out the police's hands.  Set up an organisation which randomly checks number plates from CCTV and they have the power to immediately impound cars caught until proof of insurance is given.
    They would not need CCTV, that is what ANPR is for, however this organisation would either need police powers, or the assistance of the police to capture these individuals, process the vehicles etc. There would also be a cost associated with setting up, running and operating this organisation and it would be running many parallel services to the police, so it would be an inefficient system. The most efficient solution would be more funding and enforcement powers for the police, but then it depends if uninsured drivers would be regarded as a priority, or if violent crime and burglary would be better priorities if there was more funding available. 
  • DullGreyGuy
    DullGreyGuy Posts: 18,566 Forumite
    10,000 Posts Second Anniversary Name Dropper
    zathrasB5 said:
    My solution is take it out the police's hands.  Set up an organisation which randomly checks number plates from CCTV and they have the power to immediately impound cars caught until proof of insurance is given.
    The continuous insurance regulations stopped the need to catch people using their cars, the requirement is you have insurance or the car is SORNed. The DVLA therefore can identify any vehicle that is not SORNed and not in the MID as insured without ever having to leave their office. Seizing vehicles is clearly more difficult needing to know where they are and get an appropriate recovery vehicle to them in time before the vehicle is moved. 

    Clearly there will be those that are SORNed but are still being driven (the may or may not have insurance) but APNR cameras can find them automatically. Note again the issue of actually seizing the vehicle.

    You've not clarified who would pay for this army of people going round disabling vehicles until a recovery truck can get there in time?
  • facade
    facade Posts: 7,580 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 24 August 2023 at 6:26PM
    zathrasB5 said:
    My solution is take it out the police's hands.  Set up an organisation which randomly checks number plates from CCTV and they have the power to immediately impound cars caught until proof of insurance is given.

    My solution is to have a lot more of these "Police" about so that they can use the existing technologies to actually catch these vehicles while being driven, then the car can be impounded, (and the driver and 3 generations of their family executed immediately :) )

    More "Police" driving about would also reduce crime as they could be stopping & searching cars (with stolen numberplates) cruising round looking for opportunities

    What we actually do is send out letters and fines that are hardly ever paid*, for the simple reason that untaxed & uninsured cars are rarely registered to the correct address, and without actual bodies to do something physical, all the cameras and letters in the World do nothing.

    A lot of the cars round here don't even have two numberplates, never mind tax & insurance!

    * and blame the victims for having nice things that people want to steal....

    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
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