No insurance summons

[D_Stewart]

I have been summonsed for the offence of driving without insurance but believe myself to be not guilty.

The circumstances are that I test drive my friends car for one week before buying it. During this week I was stopped by Police and required to produce which I did.
I produced my insurance for my own car at that time which allowed me to drive any other car 3rd party, as long as I did not own the car.

Since buying the car my friend has sent off the v5 and backdated it to the date I originally had it (i.e. the first day of the test drive).

Do I have a defence, in that, as the car was not owned by me at that time I was covered by my policy?

Many thanks,

David

[oldhamfan]

I don't understand why the police would prosecute you for no insurance under these circumstances, unless they checked the car via the PNC and it was registered to you already, when you say you were test-driving it.

If what you say in your question really happened, you need your friend to appear in court as a witness, swear and oath and explain to the court what he did, and more importantly, for what reason he backdated the V5.

It is then up to the magistrates whether they believe you or whether they think your friend is using the 'backdated V5' excuse as an attempt to get you off a no insurance wrap.

Best of luck.

[northernmonkey]

If you have fully comp insurance on your own car, and the car which you was test driving was also insured then you are insured but the best ways to avoid such situations is to check your insurance certificate which will state clearly if you have it / contact your insurance company.

[redcrx]

i dont see how the police, after seeing your produced documents, would check again after the event.

Was your friends car insured by him at the time? You may have "any other car" cover but that other car must have its own insurance too

[Panic Button]

Sorry Mr Stewart, I just don't believe you.

[redcrx]

bol10x, going by what you say is on your insurance document. What is to stop you from purchasing top spec car, say a merc and a 1980 mini metro and only insuring the metro?

plus youd only be insured in the 2nd car as ou were driving. the moment you parked it on a road and got out youd be in charge of an uninsured vehicle

[hc4361]

So, your friend did not have insurance for the car.
You 'test drove' it for 1 week before buying it, relying on your own car insurance.
Your friend has put you as the owner from the time of the first day of the test drive. Why did he do that?
When you were not driving this vehicle, was it parked on private land at all times?
Had you and your friend come to some arrangement over liability had the car been damaged during this test drive period? Your insurance would not have covered it, being third party only.

[Panic Button]

I used less words, but I think we are both reading from the same hymnsheet, hc.

[oldhamfan]

Redcrx -

The 3rd party cover extension if you have it says something to the effect of "The policyholder may also drive with the consent of the owner thereof A VEHICLE THAT DOES NOT BELONG TO HIM provided he holds a licence to do so for third pary liability only'

You couldn't therefore buy a Merc and a clapped out Metro as you describe, as you would own both.

My personal insurance policy is the first one I have ever held which goes further and actually states that the borrowed vehicle on which I am covered 3rd party has to have insurance cover in its own right.

[wduk2000]

little quote to help you out, the registered keeper is not necessarly the legal owner of the vehicle, your friend can say he backdated the sale on the log book to coverhimself in case you had gone through any speed cameras etc, personally you or him shouldnt even bother going to court and just post your defence in because i see it as a complete waste of taxpayers money trying to prosecute you, oh yeah dont forget to use sepcial delivery for the paperwork, funny how the most important things seem to dissapear

[cherrychapstick]

it seems like your friend didnt have insurance which would mean your insurance did not cover you as the other motor has to be insured

hope you get it sorted out soon best of luck

[oldhamfan]

Cherry - The other car only has to be insured if it says so in the policy documentation. More often than not there is no mention of this.

Eddie - You are wrong I'm afraid.