Vehicle Insurance – A Question For New Judge

[Hymie]

As a magistrate, what is your verdict in my hypothetical case outlined below?

Appearing before you, I have been charged with driving without insurance.

The facts are as follows; I renewed my annual vehicle insurance (by phone) with my current provider and received confirmation that the policy had been renewed by e-mail – with the insurance premium paid by credit card, with the payment going through at the time of the phone call.

A few weeks later I was stopped by the police, charged with driving without insurance and the vehicle impounded.

Unbeknown to me, my insurance company had made a mistake in the premium payable for my insurance cover – and wanted an additional £150, otherwise they would cancel the policy.

My insurance company had sent me an e-mail outlining the above, saying that they had made a mistake in the premium payable and that if the additional amount was not paid within 7 days they would cancel the policy. Unfortunately the e-mail ended up in my junk folder and I did not see it.

So despite having paid the agreed insurance premium, my insurance company unilaterally voided the cover, due to a mistake they made.

In the above scenario would I be found guilty of driving without insurance, having no knowledge of the insurance I arranged and paid for, being cancelled due to a mistake made by the insurance company?

[Zacs-Master]

Sorry, I don’t know the answer (I suspect it would be the customer’s fault tho) buy this is exactly why I ask for my policy documents to be posted to me rather than emailed. My wife thinks I’m old fashioned in this respect but…….

[Hymie]

I was sent the policy documents by e-mail.

[Zacs-Master]

So it’s not hypothetical then?

[bhg481]

I find it interesting that you are quoted an amount for insurance, which you pay and are issued with a certificate and then the insurance company asks for more. This feels like a breach of contract to me which I would be inclined to challenge; certainly if you buy goods in a shop the shop cannot come back to you for more money if they made a mistake with the price.

[Arrods]

I assume they returned the premium you had paid?

[THECORBYLOON]

"It is illegal to drive a vehicle on a road or public place without at least 3rd party insurance. ***Section 143 of the Road Traffic Act 1988 creates an absolute offence, meaning that the prosecution does not need to prove any intention to drive without insurance, only that a policy was not in place at the relevant time.*** You must also ensure that you have the correct insurance for the specific purpose of your driving including commuting or business use." [emphasis added]

https://www.gorvins.com/services-for-you/road-traffic-offences/driving-without-insurance/

[douglas9401]

You would be charged with driving without insurance as you had none, no disputing that.
The rest is for the court to decide and we know how real-world they can be on any given day.

Sounds like a job for a lawyer and their team of investigators.

[bhg481]

Arrods - that's a good thought although I must admit I only check my statements towards the end of the month unless I'm looking for something in particular to happen, so I might miss something like that. I always check the MID database soon after I've renewed insurance to make sure they've updated their records.

[bhg481]

Interesting final comment from Douglas. Ironically, if you add legal cover to your car insurance you could get them involved but the insurance has been cancelled so you can't.

[THECORBYLOON]

Special Reasons can be pled in mitigation such as not being notified the policy had been cancelled but you had been notified by e-mail even though it had gone to your spam folder.

It could be argued that its going to the wrong folder is similar to your having piles of urgent and non-urget physical letters putting an urgent one in the wrong pile and forgetting to open it.

Assuming the premium had been refunded, whether in full or reduced to account for the period in force, that would also have been evidence the policy had been cancelled.

[Hymie]

The policy was renewed one day before the previous year’s policy lapsed – so checking on MID would have shown the vehicle to be insured, before the insurance company then voided the insurance 7 days later.

[Zacs-Master]

What was the time period between the insurance co sending you the email and ‘a few weeks later’ being stopped by the police?

[Hymie]

In terms of any refund to my credit card – I only check the statement posted to me each month (paying off the full balance). When checking my credit card statement, I concentrate on the monies paid out, although sometimes there is a refund for some reason.

I would almost certainly have seen such a large refund amount, but the monthly statement had not been delivered in time.

[Arrods]

Did the policy documents also end up in your junk folder?

[douglas9401]

The more information I see the less likely I think you are to walk away from this.

[Hymie]

Did the policy documents also end up in your junk folder? – No.

[Hymie]

Rather than answering random questions – I’d prefer to wait for NJ, and any questions he may have.

[douglas9401]

Oh, okay then, you're welcome.

[naomi24]

I think you've had it, You weren't insured. I don't think your failure to read emails will be an acceptable excuse.

[Arrods]

Not sure, but I reckon you'd have to plead guilty and hope that the magistrate will have some sympathy if you pile on the mitigation and hope that the fine (potentially unlimited) is less than you would with a fixed penalty (£300). Not sure if magistrates can still adjust the penalty points to less than 6 if they take into account that you were not aware that you were uninsured.