Is the driver liable

Aretnap

Car_54 said:

Okell said:

MyRealNameToo said:

sheenas said:

It's a drivers responsibility to be insured and I am thinking it's his responsibility to pay the 3rd party and the company for their losses. So it could be reported to the Police?

... Also is it that gap where the points have come off the licence but are still declarable to insurers and therefore they may not have been asked the right question?...

Are you saying that the points could have dropped off his licence for all purposes other than insurance?

Does that mean that even if the employer had checked his licence for insurance purposes, the points might not have shown up?

Points remain on the licence for four years from the offence date.

Four years is all insurers normally ask. If they ask for more, they have no means of checking the veracity of answer.

Most insurers ask for five years of convictions data in my experience, which is what the Rehabilitation of Offenders Act allows.

They have a number of means of checking for convictions between four and five years old, from their record of what the driver entered on the price comparison sites a year ago, to just plain asking. 

"Yes I had a speeding ticket in 2021, erm, no, hang on, I mean no I didn't!" The lies we tell are easily forgotten, but it takes no special effort to remember the truth. 

(See also the number of people who have insured their cars for SDP only, but yell down the phone at their insurers "You have to fix my car faster than this! I need it for work!")

ChirpyChicken

thanks every one!

EnPointe

ChirpyChicken said:

TadleyBaggie said:

Was driver asked about points and lied? Or was the question not asked?

yes and they didnt disclose

given  the employer seemingly failed to  do a licence check   it;s squarely in the lap of the Employer