Speeding Ticket With No Insurance

[Klau6]

Hi. Got a spedding ticket for doing 50 in 30 limiy. But the problem is that my brother was driving it and on that moment he wasn’t insured but the car was and my question is if the police will check if he had insurance or not in that time of the offence
I know that this will go to court but I want to know if they can check if he had insurance on that time as will be couple months until will reach to court

[andy-hughes]

Yes, they will check your brother's insurance at the time of the offence.

Insurance cannot be bought retrospectively, so he will face two offences - speeding and driving without insurance.

[Buenchico]

As Andy indicates, the police most definitely should run a check on whether or not your brother was insured to drive your car at the time of the speeding offence. However, with the system under great pressure, it's just possible that they might not.

If they do, your brother will be prosecuted for driving without insurance and you'll also be prosecuted for allowing him to do so. (The fact that you had an insurance policy in place is irrelevant). You'll both get 6 points on your licence and you'll both be fined 150% of your 'relevant weekly income' (which is basically your take home pay unless you're, say, unemployed, in which case it's £120).

[The number of points can actually be up to 8 but I see no reason as why the 'standard' 6 wouldn't apply here. Similarly, there could also be some variation in the amount of the fine but, once again, I see nothing which would make the magistrates vary from the 'norm'].

[Klau6]

Thank you

[Hymie]

And just how would the police find out your brother was not insured to drive the vehicle?

Imagine that it was me who was driving the car, am I insured to drive it?
Yes I am, my fully comprehensive policy covers me third party when driving other cars (note that some fully comp policies don’t offer this cover).

I don’t think the police would investigate whether the speeder was insured (it’s too much hassle), they just want the money.

[Klau6]

He is not living in uk and he doesn’t have other insurance o something like this. They now asked me to give more information about him like where he lives when he come to uk when he left and all that. So then they will realise that he had no insurance on that time as he come to uk only on holiday

[Hymie]

Further to my post above – if the police were considering this (whether the speeder was insured), they would ask for this proof, along with other details when asking you to identify the driver.

[Toorak]

I agree with [email protected] - you will also be liable for prosecution if you allowed him to drive it. If you didn’t he will also be charged with theft of a motor behicle.

[Toorak]

I was assuming it was your car but perhaps it was not ^^^^^

[Hymie]

Oh, they probably think that you are trying it on (that you were actually the driver) – others have done this and been caught out.

To be honest, I’m not sure how this works when it is genuinely someone from abroad caught speeding – but in your car.

Maybe this has happened to someone else on AB and they can advise what happened – I don’t know how you can prove it was your brother driving, but if he admits it somehow (to the police) that may be the end of it. Just how would the police prove he was not insured?

[Hopkirk]

I agree with Hymie.

The administrator dealing with this will probably process it, issue the points and issue the fine. However they won't want to increase their workload investigating further.

[Klau6]

The thing is that they don’t know that he was here only on holiday so after I tell them they will ask for proof of insurance. If they will find out that he wasn’t insured I will get 6-8 points and he will get 6 point as well for this. Now I’m thinking the best option is to say that was me the one who was driving but I think will get a lot complicated after

[Hymie]

Maybe NJ can advise, if you were prosecuted for allowing someone to drive without insurance (who was your brother), but in your defence you claimed that he was refusing to supply you with his insurance details (and the police cannot prove he did not have insurance, because he resides abroad) – would the prosecution be successful?

[Hymie]

Another thought – if he resides within Europe and has fully comp insurance on his car – he just might be covered like me, third party through his insurance – worth checking.

[Hymie]

In your initial submission to the authorities, you will have declared who the driver was – I think you will have serious problems if you now try to change that.

[Klau6]

No chance to be allowed to drive with abroad insurance. And in a lot of countries the insurance is made on the car not on the person so is totally different.

[Hopkirk]

My insurance is on the car, but allows me to drive other cars.

[douglas9401]

Glad I popped by for so much definitive law-related info.

[bobbinwales]

Agree douglas...but am dissappointed we haven't had your usual witty reply ....
Thought you might ask if the spedding ticket was for motorbikin'

[bobbinwales]

Hymie... if someone refused to give me there insurance details there's no way I'd let them drive my car.

[kuiperbelt]

Klau6\Now I’m thinking the best option is to say that was me the one who was driving\

This would be perverting the court of justice!! If found guilty the consequences are much graver (life imprisonment). Please, please, please don't go down this route!!