insurance

[shiv_89]

My friend is being tried for no insurance on her boss'es car, this is after her boss had told her she was totally covered.
Could someone please tell me what will happen to my friend in court?
Is it best if the witnesses (the Police Officer and the station officer) attend the trial?
Should she have a Soliciter ?

[NORMANTHEDOG]

well,she will be asked at court if she needs the services of the duty solicitor,her best bet is to plead guilty,but get across to the bench,that she only drove because her boss said she was covered,she will be fined and will receive between 6 to 8 pts on her licence. it was her duty to make sure she was insured on the car,not just take someones word for it,i know its harsh but thats the law.

[almcd007]

She needs a letter from her boss to to tell the court that he believed she was insured and he must accept some responsibility for it.

Although driving without insurance is an absolute offence which means you either did it or you didn't - there is no defence. The likelihood will be 4-6 points on her license and a fine - the boss can't take the points for her but he can pay her fine - I'd be looking for a new job if I were her - it's inexcusable that someone in authority should assure an employee she is insured without checking first.

With hindsight - you should always be wary if ANYONE tells you you are insured it is YOUR sole responsibility to ensure that you are properly insured to drive a particular vehicle. In these circumstances it's difficult - I know - to have questioned her boss but no one can accuse you of being too cautious when the results are a court hearing and points.

[NORMANTHEDOG]

almdc007 . please check your facts before you post answers, driving without insurance,attracts a penalty of between 6 and 8 pts.

[Buenchico]

If your friend has a car of her own, has she checked her own insurance? Up until recently, almost all insurance policies covered the insured person (at 'third party only' level) for driving any other vehicle, with the owner's permission. Although some insurance companies no longer provide this cover, it still forms part of the majority of policies.

If she didn't have cover under her own policy, her position is rather dependent upon her relationship with her boss. If he's honest and supportive, he should be happy to write to the court (or, better, to appear before the court). However, he might be reluctant to do so because it's an offence to 'cause or permit' someone to drive a motor vehicle without insurance. The law regards this just as seriously as actually doing the driving. So the employer risks 6 to 8 points on his licence, plus a fine, if he tells the truth.

Norman is correct in stating that 6 to 8 points (plus a fine) is the standard penalty for driving with no insurance but this is not mandatory. If the employer is honest, your friend might receive a lower penalty.

Your friend should certainly ensure that she is represented by a solicitor. As Norman indicates, every court has a duty solicitor available, who can provide basic services free of charge. However, it might be better to contact a solicitor well before the date of the court hearing. He/she could then advise your friend about whether she ask the employer to appear in person, or whether a letter would suffice. He/she could also speak to the employer, on a formal basis, to establish just how much assistance he's prepared to give.

Chris

[almcd007]

Bloody hell norman - curt and abusive as normal -pardon me for trying to help I was out by a point or so. I've seen you be corrected a few times on here recently - pot kettle etc

[NORMANTHEDOG]

no,i usually correct myself.

[NORMANTHEDOG]

and what you find abusive in it,is beyond me.

[flip_flop]

Section 143 of the RTA states;

"...a person charged with using a motor vehicle in contravention of this section [this section being the requirement to be insured for third party risks] shall not be convicted if he proves

(a) that the vehicle did not belong to him and was not under a contract of hiring or of loan
(b) that he was using the vehicle in the course of his employment, and
(c) the he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance..."

Your friend has a defence enshrined in law.

Norm - you should check your facts before you post answers.

[almcd007]

As usual Norman it's your tone.

I knew it was 6-8points - after all I advised clients on it long enough - It was a bit of a strange moment why I put 4-6pts down but then again us mortals do make mistakes.

Adding to what flip flop says - if her boss is willing to attend court and inform them why he believed she was insured - it could be enough for the court to find not guilty. She needs a solicitor - again it should be paid for by her boss as she has unwittingly found herself in this position through his negligence.

[NORMANTHEDOG]

flip flop,everything i said in my post,was either true or in my opinion the best thing to do for her sake,get a solicitor, get her point over to the bench, 6/8 pts is the penalty with a fine for the offence,if found guilty, it is the duty of a person driving another car to make sure they are covered by insurance,so how you can critisise my post is beyond me,all iv said is true,your post is not relevent in this matter,whatsoever,she drove without insurance and that is illegal.if section 143 applied she would not have been charged

[flip_flop]

If she was using her employers vehicle in the belief it was insured and she can prove it, she has a valid defence that is enshrined in law and she will not receive points on her licence or receive a fine.

It really is as simple as that.

[NORMANTHEDOG]

shiv_89,do let us know the outcome of your friends case,thank you.