No car Insurance

[iwaswunderin]

I took a days work for a company, delivering their goods in their van. I then had a small prang whilst driving, only to find out that I wasn't insured, even though I was told at the begining of the shift, that I was insured. Can anyone enlighten me on the possible consequences.

[Ethel]

Why wasn't you insured? Company vehicles usually have some form of blanket insurance to cover anybody driving in an employee capacity with the express permission of the company.

Was the company aware of your age? Were you working legally or 'on the side'? Do you have a full driving licence?

You will be able to tell the court that you had expressly asked if you were insured to drive the company van and was assured that you were.
They may consider this mitigating circumstance to be 'special reason' to be lenient.

Check with your own insurance policy or breakdown cover and see if you are entitled to free legal representation.

If you value your licence it may be worth hiring a lawyer.

[Buenchico]

Section 143 (3) of the Road Traffic Act 1988, which deals with uninsured driving, states the following:

"(3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves�
(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b) that he was using the vehicle in the course of his employment, and
(c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above."

In short, you've got a statutory defence in regard to any possible prosecution for driving with no insurance. (The CPS shouldn't charge you in the first place. If they do, the court should throw the case out).

Companies are normally held responsible for accidental damage caused by their employees in the execution of their duties so, assuming that you were to blame for the accident, your (ex-)employer should pay for the repairs to the other vehicle (and, of course, to their own).

Chris

[Mamjet]

If it's only a small prang I wouldn't worry about it.
Were you driving an Iceland van by any chance?

[New Judge]

Unfortunately, mamjet, the size of the prang does not affect whether iwaswunderin will be prosecuted for having no insurance.

I imagine this was his main concern and Chris has provided a superb answer.

Let�s hope that most drivers do not weigh up the odds of having a prang (small or large) before deciding whether to invest in any insurance.

[LAW_DROP-OUT]

"PERMITTING HE USE of WITHOUT INSURANCE " ...in theory the company could be prosecuted for "permitting you to drive a vehicle where they were deemed to be the CUSTODIANS of the vehicle ", they were responible over all for the vehicle ...... but you would have to report the "com[any " to the poice ,,,,who may not take "action against them "..but would prosecute you if they can.....a grey area ,,,all this

[Mamjet]

New Judge, have you even READ Section 143 (6) of the Road Act, you'll find that minor prangs, bumps and scrapes do not fall under the remit of the law.I based my answer on that.

[Buenchico]

Mamjet is perfectly correct in stating that New Judge has not read paragraph 6 of Section 143 of the Road Traffic Act 1988. Neither has anyone else. It doesn't exist:
http://www.statutelaw.gov.uk/legResults.aspx?L egType=All+Legislation&title=road+traffic+act+ 1988&searchEnacted=0&extentMatchOnly=0&confers Power=0&blanketAmendment=0&TYPE=QS&NavFrom=0&a ctiveTextDocId=2276534&PageNumber=1&SortAlpha= 0

Chris

[Mamjet]

If my camapign is successful it will. And it will cut down on road traffic accidents to boot. watch this space.