Car uninsured - but I'm fully comp!

[hooperfly]

I was caught using my mobile phone whilst driving my new girlfriend's car (fair enough). The police said the car I was driving was uninsured - turns out my girlfriend had forgotten to renew (Aaargh!). However, I knew I wasn't named on her policy and was driving based on my fully-comp policy. This specifically states I am insured to drive other cars (some conditions, all of which I fulfil).
The policy took the car away and told me I'd have to go to court. Two questions:
1: Can I be prosecuted for driving without insurance - I had insurance!
2: What is the process - I have received no paperwork and it's now 28 days later.
Many thanks for all replies.

[maviscoull]

i would have expected to hand in my papers ( insurance doc ) to police and to get on the spot fine for using phone while driving. maybe its to do with the speed you may have been driving at when caught. not sure though.

[redcrx]

I think the vehicle that you are driving has to have its own policy for your insurance to cover.

[jollygreen]

Oh oh. Yep, I think you're in trouble mate.

I'm pretty sure that for you to be covered by your own policy to drive another car with tpo cover, that car has to be insured separately. Also, your girlfriend can be prosecuted for not having insurance, even though she wasn't caught driving the car!

[kempie]

There is not yet any legal requirement for the vehicle you drive to have "its own policy" before you can drive it. This is set to change when Section 83 of the Road Safety Act 2006 is enacted.

Your own policy will specify the conditions under which you may drive another vehicle (this may or may not include insurance cover already being in place for the car) and at the moment that is all that is required by the law. However, your policy does not cover the vehicle when you are not driving it; so if you were to park and exit the vehicle there would be no insurance cover for that vehicle.

[NORMANTHEDOG]

lets hope you have no points on your licence already,as its 3 pts for the phone and 6/8 for no insurance,total could be 9/11 if you have 3 already,your banned sunshine.

[Loosehead]

Kempie is correct, plead not guilty if you are sure you satisfy all the conditions of the TPO bit on your policy. If it does not specifically say that the car you are driving must be separately insured you are ok.

You may have noticed that Norman gets a little emotional with matters relating to insurance.

[NORMANTHEDOG]

you try having someone close to you being injured badly by a non insurer driver,loosehead,you wouldent find it funny my friend

[kempie]

NORMANTHEDOG - If the insurance company says that hooperfly drove the car in compliance with their conditions (and the only confirmation of this will be from the insurer) then he is insured, no matter what you or the police think.

[flip_flop]

As other people have said, if you have a Driving Other Cars (DOC) extension on your Certificate, you are fine. The wording will be along the lines of 'you are entitled to drive any other car not belonging to you'.

DOC extensions are becoming less and less common since the start of the MID , but plenty of insurers still provide it.

As a general rule I do agree with Norm's sentiments on uninsured driving, I certainly believe it carry the same stigma and same penalties as drink driving, but sometimes he gets it wrong.

http://www.theanswerbank.co.uk/Motoring/Road-r ules/Question413152.html

What does really irritate me is the whole 'I forgot to insure - it was an innocent mistake' argument which, frankly, is utter bullsh1te.

[Loosehead]

no offence intended Norman, apologies

[hooperfly]

Thanks everyone for your comments. My policy is very explicit about the fact I am insured, and I spoke to the insurer today by phone (Sainsbury's) and they are of the same opinion. So I am confident of pleading not guilty if it comes to court (guilty for using phone, though...)
What I don't understand is that I haven't heard anything from the plod/courts yet?

[samsong7]

It would appear that you are insured to drive the car. You also mentioned that the car was taken away. If this was because you had no insurance, you will find that there is a fee payable of �105, plus �12 a day storage, before you can collect the car. You need to make enquiries regarding the car as the police have the power to sell them or crush them if the fee isn't paid within a set time.