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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice
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Im a learner driver (Provisional license since 1.5 yrs) and

Customer Question

I'm a learner driver (Provisional license since 1.5 yrs) and was driving my husband's car (Full license holder since 10 months). I got into a two sided parked lane and saw a van coming from opposite direction. In order to give way to the van I accidentally hit a parked car. My car's front bumper & number plate got damaged and the parked car headlight was smashed. I didn't realize what to do and nor did my husband. We got out of our seats and saw the car damage and swapped our seats.
There were 3 persons on the street who saw us while we were swapping the seats.
I wasn't aware that I have to inform the police or leave my contact details on wind screen. I was in a hurry to pickup my son from his classes so left the place without informing the owner/police about it.
After about 5-6 weeks my husband's insurance contacted him and my husband confirm that he was driving and requested the insurance to proceed with the claims for the third party.
after 8 weeks from the incident my husband received form 963 for identification of the driver and with the alleged offence - Fail to stop/report to the police and Driving without due care and attention.
Please advice on the following:
1. Should my husband fill the form 963 with my name and send it back to Police. If yes, what are the other charges he would likely be prosecuted for? unsuitable accompanied driver?? What will I be prosecuted for if they send me form 963 again to identify if I was the driver and i do not send the form back to them?
2. Should he retain the form with himself and not return to police? What are the advantages/disadvantages & consequences
3. We have called up insurance again and told them that my husband was not driving. However we have not told that I was driving. Although main driver in the insurance is my husband but in the policy documents my name is ***** ***** for driving this car.
Please let me know what is the best possible course of action to be taken in terms of insurance and response to Police. Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you insured to drive this car as a learner please?
Customer: replied 2 years ago.

In the insurance documents, my driver details were mentioned as provisional driver license. My husband is main driver with full UK driving license.

Expert:  Jo C. replied 2 years ago.
So, can I just be clear about this.
You were really the driver and your husband has made a false declaration on a S172 form that he was the driver?
Customer: replied 2 years ago.

We did not return the form 963 yet. The blank form is still with us and I have a week more time to return (total time they gave us is 28 days). Also, we received an e-mail from Insurance requesting to identify the female driver within 10 days (we have 1 day left). They have a witness that a female driver driving the car that time. As there was a risk of insurance cancellation from the Insurance, I changed my insurance to another company.

Expert:  Jo C. replied 2 years ago.
Ok. Good.
Has he lied to anybody else about the identity of the driver? I presume not to the insurers either?
Customer: replied 2 years ago.

To the first insurers, initially he lied (as I mentioned in my first post) saying that he himself was the driver. Later he took insurance with another company and cancelled the first insurer and he told them that he was not driving but he did not reveal who was driving.

To the second (current) insurers, he did not lie anything. he just mentioned to 2nd insurer (while taking insurance online) that he has pending claims to third party (which is not settled yet) with first insurer. The new insurance also is for both of us (me as provisional driver)

Expert:  Jo C. replied 2 years ago.
Ok. At least you have not lied to the police so there is no risk of perverting the course of justice.
However, I'm afraid he may be charged with insurance fraud. Come what may, he made a false declaration to his insurers.
On your primary points
1 If you mean a S172 request for the driver then he can only respond truthfully. Doing otherwise is perverting the course of justice and that leads to custody even on a first offence.
2 If he does that then he will summonsed for failing to identify the driver which carries 6 points and a fine.
3 I think you are really going to have to come clean about this. If you do then they may just disallow any claim and not make a report to the police.
If they do report this then you could be charged with driving not in accordance with a licence which carries 3 points and a fine and no insurance which carries 6 points and a fine. He could also be charged with permitting no insurance which carries 6 points and a fine.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks for the answer. Can you please clarify the below queries?

1. what is the best option that my husband has now?
a. returning the form with declaring me as driver
OR
b. My husband should simply ignore the form and wait for "failed to identify driver" offence which would be an FPN? which option will avoid criminal conviction? Is there anyway to avoid going to court (for any of us)?

If option-a then what are the offences I and my husband would be charged for? and if Option-b what are those offences on my husband? (I assume i will be free of any offenses, pls correct me if I'm wrong). can you please list them so we can think and take a decision.?

2. Even though my name is ***** ***** the Insurance (as provisional driver), am I still going to be charged with no insurance offence? Is it because my husband does not have 3-yr experience and not qualify legally to be an "accompanying driver"? (he was accompanying me when I was driving during that incident)

3. Can my husband negotiate with Insurer and offer to pay a proportion/full of claim (to 3rd party - estimated claim amount - £1,999.00), can he avoid police report/court in insurance point of view?

4. I assume we must maintain same info to both police and insurer . Am I right?

Thanks

Expert:  Jo C. replied 2 years ago.
1 Well, as I said really
a] that is his only course of action
b] that would be an offence and I cannot advise him to commit an offence.
There is no way that a court appearance can be avoided unless I suppose CPS just forget to summons.
2 Yes, because you didn't have a licence so your insurance is invalidated.
3 No. They will just disallow the claim.
4 You can only tell the truth to all and sundry. Therefore there should only be one account.

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