driving uninsured

[miah1234]

last night i was pulled over while driving my brothers car. i have an insurance policy which covers me to drive any other vehicle on third party cover. however the officer who pulled me over said i didn't have insurance to drive that car as it was registered under my name which i was unaware of. is there a case that i can fight here as i wasn't aware that the car was registered in my name as its not my car??? also what will be the most likely outcomes
any replies will be much appreciated

[Ethel]

Will your brother admit to falsely registering the car in your name?

How did he manage to insure the car? (I know you were driving on your own insurance)

I can't think of one single defence unless your brother admits his part in it - and then he will be prosecuted for causing or allowing you to drive a vehicle without insurance. And you could still be done for driving without insurance.

[miah1234]

wouldnt like to get my brother involved really. he is still insured on the car even though its in my name as you are allowed to do this.

[Ethel]

Why has he registered it in your name?

What has he gained from doing that?

If you don't want to involve your brother, you'll just have to plead guilty.

[kempie]

Unless you took the car without the consent of your brother, and he confirms this to the police, he is already involved by permitting you to drive without insurance cover.

[miah1234]

i have no idea why he put it on my name to be honest. he said to me that he isn't aloud to have more then 1 car registered in his name so he put it on my name. also i got permission to drive the car off him but he thought i was covered thats why he gave it me.

[Ethel]

How can he be, Kempie? The brother is not the registered keeper, this driver is.

I'm trying to think of instances where it is beneficial to register a car in somebody else's name, without their knowledge.

[Ethel]

People can own as many cars as they like.

I think I have worked it out. He owns one car, registered in his name and insured. His insurance allows him to drive other vehicles not belonging to him - so he registered the 2nd car in your name, so he could drive two cars on one insurance policy.

[miah1234]

thats probably what he is trying to do. what will be the outcome of this?

[Ethel]

You will be done for driving without insurance.

6 - 8 points, fine and possibly a ban.

[kempie]

Ignore my point - your brother's false declaration in naming you as RK has thrown me off my stride in regard of the charge of permitting the use of the car.

[Rollo]

It does not matter whose name is on the registration document for this purpose. It is ownership of the car that is important. Those are two different things.

If you don't own the car then your insurance covers you provided you had the owner's permission to drive it.

[Ethel]

Going to be very hard to prove as he is the Registered Keeper.

I know it doesn't mean ownership, but for the purpose of insurance it's going to be a very difficult argument.

[bigmamma]

Hello miah , I reckon you have no options other than pleading guilty , but do get your brief to state your case . It is unfortunate , but driving a vehicle without insurance is sure to get you a fine , points , and a ban , the length of that will be up to the judge of-course . All the best .

[miah1234]

hi rollo. that is my argument exactly as i do not own the vehicle therefore am i insured and can i use this in my defence. also i have asked my brother if he would admit to owning the vehicle will this be enough?

[Rollo]

Speak to your Solicitor.

I would have thought that if the owner goes to court and testifies that he is the legal owner, and you testify to the same thing, then the prosecution would have to prove that you are in fact the legal owner before you could be convicted.

[Ethel]

You have said quite clearly you don't want to involve your brother.

It is impossible for you to state your defence without doing so - the insurance company will not insure you to drive a vehicle you have an interest in, and being Registered Keeper is an interest.

So, if you are going to say you are not the owner, you didn't know your brother had registered it in your name, you most certainly will be implicating your brother who will have to explain why a car he owns and isn't kept by you is registered in your name.

[miah1234]

just need to clarify that i am being convicted of driving uninsured and not ownership of the vehicle therefore if i was to deny ownership and my brother was to agree to owning the vehicle can i still be prosecuted as i am still technically uninsured to drive the vehicle.
thanks for all your help so far...

[Ethel]

Yes, but what is your and your brother's explanation for you being the Registered Keeper?

In the scenario where the RK and owner are two different people, the owner has a financial interest in it, and the RK uses it, in which case the car must be insured for the RK to drive.

The RK can't drive it on his other car's comprehensive insurance policy.

[Rollo]

You need to clarify the position with your solicitor giving all the facts.

Taking legal advice from unqualified strangers on a website, and then acting on it, is just asking for trouble.

[miah1234]

i get what you are saying rollo but i was just trying to paint a picture of what my case would be. i will speak to my solicitor first thing tomorrow morning and keep you posted.
thank you