Stopped by Police Car insurance Problem. PLease Help.

Quentin

He drove without insurance, (what if he'd maimed someone?), so should face the court.

He will have to explain why he can't attend, and be prepared to sort it out on his return to the UK.

Ian_W

spendaddict wrote: »

However, he lives in Canada!!! My sister has phoned them to try to explain this but they are insisting that he comes back from Canada to go through the court proceedings!!!!!!!

Does this make any sense to anyone? Even if they give him 6 points and a fine (which seems to be the norm) it won't affect him as he does not live in the country.

They can't insist he comes back - unless they extradite him! :eek: [kidding, not available for no insurance ]

They can take proceedings and the court can hear the case in his absence if he fails to appear or enter a guilty plea in writing. Whilst you're right that the points won't affect him in Canada, if he still has a UK Licence and returns home they will be on that licence for the duration and will certainly affect insurance premiums and possibly car hire costs.

Your sister should worry more about herself - it's an offence for her to permit her car to be driven without insurance. Assuming that a hire [loan?] car's insurance covers him to drive another vehicle without checking it out properly wouldn't IMO be any excuse.

r2b89_

Hello, its James again

Just want to ask a question. I was driving today and this time i do have insurance so everything is kool. A police man stopped me, he asked me for my licence and he did a name check on me, at the end he let me go, and i asked him did everything came back clear? as in no records or anything. He said no, everything is okay, everything came back clear, no records. Does that mean that my insurance problem previously has been allowed? because i would have imagined it would have said pending posecution or something. Please comment Thank You

---lee---

r2b89_ wrote: »

...this time i do have insurance so everything is kool.

My reading of this thread is that you can almost certainly expect a summons for driving without insurance.

A note of caution: whenever I have taken out or renewed insurance, a question along the lines of do you have any driving convictions or pending convictions is asked. I suspect that you have not told the insurer about your pending convictions therefore your insurance is invalid. The reason I suspect this is because as a young driver, it's unlikley that any insurer would offer you insurance under these circumstances.

The insurer is under no obligation to check your details unless a claim is made - at which point they will go through everything with a fine toothcomb to try to avoid paying. If your conviction comes through and you are subsequently involved in an accident, this is going to come to light and cause you even more problems. The date of offence and date of conviction are recorded on your license (and in databases) and this information will form the basis for the insurer to invalidate your policy leaving you open to criminal charges (for again driving without insurance).

I think the best course of action would be to cancel your insurance and stop driving as if you are involved in any accidents your going to be in a heap of trouble.

r2b89_

Thank you for your comment, But just want to ask, What do you mean when you say my insurance is 'invalid'? because as far as i know, i have the insurance certificate, and the insurance company have insured me on my car. Also, i have asked advice from other officers, and they said move on for now, buy a car get insured, and if something comes through the post within a couple months then deal with it then, but for now just continue with what i am doing.

raskazz

r2b89_ wrote: »

Thank you for your comment, But just want to ask, What do you mean when you say my insurance is 'invalid'? because as far as i know, i have the insurance certificate, and the insurance company have insured me on my car. Also, i have asked advice from other officers, and they said move on for now, buy a car get insured, and if something comes through the post within a couple months then deal with it then, but for now just continue with what i am doing.

You may have an insurance certificate, but that does not necessarily mean that you are insured.

Insurance contracts are contracts of 'utmost good faith'. This basically means that you have to inform the insurer of all relevant material facts and answer questions honestly and correctly. On first thoughts, I do not think you have necessarily done this because, as someone else quite rightly pointed out, insurers almost always ask for details of any pending prosecutions.

Obviously in this case the question of whether you have a pending prosecution seems like something of a grey area BUT if you eventually get a summons you absolutely must inform your current insurer.

If you have breached this requirement - i.e. not disclosed something you should have or misrepresented something - then it is quite possible that the certificate you possess is invalid, i.e. worthless.

Worst case scenario is that you maim a third party, the insurer has to pay out under the Road Traffic Act, then they will sue you to recover the money (potentially millions of pounds) that they had to pay out.

r2b89_

raskazz wrote: »

You may have an insurance certificate, but that does not necessarily mean that you are insured.

Insurance contracts are contracts of 'utmost good faith'. This basically means that you have to inform the insurer of all relevant material facts and answer questions honestly and correctly. On first thoughts, I do not think you have necessarily done this because, as someone else quite rightly pointed out, insurers almost always ask for details of any pending prosecutions.

Obviously in this case the question of whether you have a pending prosecution seems like something of a grey area BUT if you eventually get a summons you absolutely must inform your current insurer.

If you have breached this requirement - i.e. not disclosed something you should have or misrepresented something - then it is quite possible that the certificate you possess is invalid, i.e. worthless.

Worst case scenario is that you maim a third party, the insurer has to pay out under the Road Traffic Act, then they will sue you to recover the money (potentially millions of pounds) that they had to pay out.

Thank you for your comment, Ok, i understand, But what should i do now? my insurance is with More than, i am insured 2nd driver fully comb... shall i tell them that something is pending? or shall i just wait til i get the summons and tell them, because as far as i know nothing yet has come through and its been nearly a month, i MIGHT have been let off... So i should just wait til the summons comes, and when it does il tell my insurance yeah?

Sue-UU

Sue-UU wrote: »

Beware though James, because IF you do have to go before a magistrate, then trying to impress him/her that you've learned from it all having bought a car and insured it - could get you in further trouble. What are you going to put on the Insurance form when it asks questions such as have you been in trouble with the Police etc etc. You either have to lie and I certainly wouldn't advise that or you tell the truth and take risks with your insurance that way.

Personally, I'd wait until you know FOR SURE just what is happening. You're fortunate enough to have 1 or 2 Policemen (or ex Policemen) here, take their advice James and don't risk getting into any more trouble.
Be careful James!
Sue

Hi James, I was quite shocked to see you'd gone ahead, against the advice you asked for, and bought and insured another car. Even more so, I was horrified to see you haven't even mentioned the 'offence' to your insurers! A huge mistake and is why you're insurance will not be valid if you have an accident - well not if you're (in time to come) summonsed it won't be.

You've already been stopped AGAIN with the Police making a check - only a matter of time before you get into real trouble James and then your driving days will be over for a long time! It's never worth the risk, so quit driving until you're absolutely certain of what's going to happen with your case. Think of other people who could quite possibly be involved in a crash with you and get nothing because of your actions.

Please James, think and wait!!!! Sue

r2b89_

Sue-UU wrote: »

Hi James, I was quite shocked to see you'd gone ahead, against the advice you asked for, and bought and insured another car. Even more so, I was horrified to see you haven't even mentioned the 'offence' to your insurers! A huge mistake and is why you're insurance will not be valid if you have an accident - well not if you're (in time to come) summonsed it won't be.

You've already been stopped AGAIN with the Police making a check - only a matter of time before you get into real trouble James and then your driving days will be over for a long time! It's never worth the risk, so quit driving until you're absolutely certain of what's going to happen with your case. Think of other people who could quite possibly be involved in a crash with you and get nothing because of your actions.

Please James, think and wait!!!! Sue

I didnt purchase the car, my uncle had given it to me... and i havent told my family with what had happen and my brother insured me on the car and i havent told my brother about my situation because i am afriad that... you know... now shall i just stop driving the car? what about the insurance?

r2b89_

Also, when the police officer stopped me and did a name check, Shouldnt my name come back saying, this person was previously caught driving without insurance? because the officer said to me that your name is clear you can go... Even if the officer lied to me and had he known that previously i was driving without insurance then he would have asked if i was insured in this car but he didnt, he just checked my licence ask if i was arrested before and said okay you can go.