Driving without due care attention

[Nicola211]

Hi my boyfriend had quite a bad crash last night through being silly and racing. He destroyed two walls on a house, an electrical box which powered the traffic signals and wrote off his car. he was 3rd party! will this insurance cover the damage of the walls and that?
he was told by the police he was driving without due care attention so what is this, and will it go to court?

[New Judge]

His insurance will cover the damage to the Third Parties� property.

Careless Driving (to use the correct term) is contrary to Section 3 of the Road Traffic Act 1988. If charged your boyfriend will be summonsed as it cannot be dealt with by way of a fixed penalty.

It is a �summary� offence which means it can only be dealt with by magistrates and cannot be sent to the Crown Court. The maximum sentence is a fine of �2,500. Community Rehabilitation orders and curfew orders are available for this offence but are rarely used.

Magistrates� sentencing guidelines for an �average� offence committed by a first-time offender is a fine of one week�s income and the award of between 3 and 9 penalty points. The Bench also has the discretion to disqualify the driver for the single offence alone instead of awarding points.

[NORMANTHEDOG]

also if he receives 6 points and it is within the first 2 yrs of passing his test,he will lose his licence and have to retake both tests again.

[gouldc]

You need to check your insurance policy (or his policy) very carefully. Some insurers would cover this completely (car and wall damage), some would only cover the third party damage (the wall), and others would pay for the wall, but would then request the money back from the policyholder (you or your boyfriend).

If he is prosecuted a aresult of the accident, the insurers may argue that this was a deliberate act as he was clearly driving over the limit, and too fast for the road he was travelling on.

I have recently repudiated a claim on very similar grounds as this.

[seatrout]

The aggravating feature here is the element of racing. The Police may have indicated due car but the prosecution may well put a dangerous driving charge depending on how serious the racing element was. It sounds like dangerous driving to me

[Panic Button]

Change your boyfriend.

[david1702198]

hopefully the wee smash will have stoved his brain in.

[david1702198]

his policy will cover any damage to a 3rd partys vehicle, or property it doesnt cover your boyfriends car. as for the court its up to a judge/magistrate to decide how many points he gets or if hes fined etrc etc. in scotland this would go to the procurator fiscal who would determine the punishment.

[McNoodle]

I say hang him.

[Reverandfunk]

With a bit of luck he will have also written off his 1.2 corsa.

[slave-plater]

nicola 211......... they will probably send him to watch motor racing, all expenses paid , by the tax payer ....... slap up meal for two ........ if it does go to court and he is found guilty, probably 3 points , unless it is recommended that he recieves a ban for 3 months or less , but its likely that if it becomes a court matter, the magistrate , will award him three points, he may not need to attend the hearing, if he pleads guilty by letter ..........even if he had no insurance at all, they may have put a compensation order on him, where he would have been liable to pay an amount of �450....even if the damage ran in to thousands, the amount he would have been liable for would have been capped(limited) ........ east eurpeans and the like are on the road without motor insurance all the time.....we are all aware of this influx ,,,,,,,was your boyfriend showing off............. slave plater