Insurance..... I thought I was Covered! HELP!!!!

[vikki83]

I was stopped by the police for speeding (which, unfortunately I can't deny). As far as I am aware they had no evidence for conviction but issued me with a 'stop form' and asked me to present my documents to the local police station.

I had sold my car two days earlier and was driving my step-fathers car but I have now discovered that my fully comprehensive cover doesnt cover other cars so it looks as though I will be convicted for driving without insurance.

This really worries me as up until now I had a clean license. Any advice?

[NORMANTHEDOG]

usually 6 points and a fine,you should have checked first,good job you dident have a accident.

[Mrs_Pegasus]

I would go to the Police and explain the situation. Take as much evidence as you can i.e. bill of sale for the car and your insurance documents. I think a fine and points would be harsh but you can but try.

[curlyfilm]

ask your step-father if his policy covers other drivers too drive his car, me dads does

[jake-the-peg]

Do you have any old policy documents that show you had cover in the past for "third party with the owners consent"?

Somebody was on here a while ago in this position and he'd had an accident (so you're lucky). It seems that a few companies may be withdrawing this cover without drawing their customers attention to it too strongly.

It won't get you off the charge but if you can show that you had that cover previously and were not aware that you had had it taken away you might be able to get them to take it as mitigating circumstances and deal less severely with you.

[vikki83]

I've checked my step-dad's policy but is specifically states it is just for him.

With regards to previous certificates... I used to be with another insurance company that covered me to drive other vehicles, I then changed insurance companies and naively thought I was covered.

I know this is my own fault as I shouldnt have assumed that fully comprehensive insurance covered this, but naively I did, and speaking to other people, it seems a lot of people think they are covered if they have fully comp...... this just isnt the case though.

[curlyfilm]

ask a small independant broker if they;ll back date their cover note, if its not too long ago

[galaxy]

You have absolutley no chance of a broker back dating a cover note. Why would risk losing their licence and risk the fact that you may have already had an accident and just want to claim!

Also, when you go to the police station, there is no point taking any 'evidence'. You are either covered or you are not. If you are not, the police will simply report you for having no insurance. They cannot say "oh i see what you mean, never mind, we will let you off". Its not up to them. They HAVE to report you and its up to the court to decide. Thats where you can take your evidence.

I know you will probably take it to the police station anyway and try your luck but I just want to fore warn you.

I know this from experience (ie the other side of the desk)

[vikki83]

I think either way i'm going to have to suffer the consequences of my naivity.

However (and I suppose ths is aimed at Galaxy, as he seems to have the experience). If I am taken to court for no having insurance, will then now look at the original reason I was pulled over (eg: speeding) and try me for both?

I am really worried I am going to lose my licence?

[galaxy]

You will not be tried for the speeding if you have not been reported for it already. You will only be tried for failing to provide insurance.

Driving without insurance is normally 6-9 points on your licence. If you dont have any points at the moment, you should be ok.

If you plead your ignorance and how sorry you are, you will probably get 6 rather than 9. You really dont want to be on 9 points as its one sppeding ticket and your out. (12 points normally means lost licence)

[jake-the-peg]

Sorry I wasn't clear enough. I did mean coverage in your policy but you were with another company.

I also meant to claim it as mitigating circumstances in court rather than to the police as galaxy says the police don't get to make that call.

Bench guideline for No insurance is "must endorse 6-8 points" mitigating factors are "genuine mistake, accidental oversight, responsibility for providing insurance resting with another (parent/owner./lender) etc.

So as you can see you pretty much fall into the lowest category.

Speeding is must endorse 3-6 points
legal speed limit -------amount over------------3 points
20-30 mph--------------Up to 10 mph
40-50 mph--------------Up to 15 mph
60-70 mph--------------Up to 20 mph

20-30 mph--------------From 11-20 mph--------4 or 5 points
40-50 mph--------------From 16-25 mph--------or disqualify 60-70 mph--------------From 21-30 mph--------up to 42 days

20-30 mph--------------From 21-30mph---------6 points
40-50 mph--------------From 26-35 mph--------or disqualify 60-70 mph--------------From 31-40 mph--------up to 56 days

If you end up with 12 points or more it's a ban and if you've been driving for less than 2 years and get 6 points you revert to learner status.

So it depends on how fast you were going and whether your license was clean up to then.

[vikki83]

Depending what they caught me doing, anything between 80 and 95.

When they pulled me over they said they had no electronic equipment in their vehicles although they were following me for over 20 miles and apparantely I was being tracked by a plane..... I know it gets worse, as they thought the car was stolen.

I have been the station this morning and they have taken my documents and recorded my insurance document as 'not valid' which I believe is a conviction for driving without insurance (6-8 points)

The police officer I spoke to today at the station said that by just following me they should have had enough evidence to prosecute and that it is now upto the officer who stopped me to decide what happens next.

I have also in the same week received a speeding ticket for a fixed camera on motorway roadworks (47mph in a 40mph) .... this is definately not my best week, and believe it or not, it is not normal for me to speed to such an excess, but I have had a manic week of moving house and this is now the outcome.

I had a clear licence up until now and have had it for two and a half years.

[vikki83]

Also am I best to get a solicitor or defend myself in court?

[jake-the-peg]

Gosh it's going to be close isn't it?

You might be lucky and find that they'll just do you for the lack of insurance if the evidence they have for the speeding charge isn't exactly watertight

But it sounds rather like you might get 6 points for the insurence 3 points for the speeding and with the speed camera 3 points that's a ban.

That camera doesn't help you, it kind of raises the question how come you were caught speeding again so quickly after that one and there's no good answer to that.

I don't know whether a solicitor might be able to tip the balance for you - I guess a lot depends on this speeding charge

[vikki83]

The speeding ticket from the camera was from a week before I got stopped, It was just that the ticket came in the morning after I was stopped. by the police. As you can imagine I don't speed anymore, it's just not worth it!