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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
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iv been involved with a minor bumper to bumper accident i was

Resolved Question:

iv been involved with a minor bumper to bumper accident i was the driver who caused the collision. i was driving a company vehicle and given a producer by the police. i produced within the time period but my employer is reluctant to go through the insurance on such a minor accident with a expensive excess in place. I'm being sent letters from the MIB because of suspicion of being uninsured but I'm not sure where i stand or what to say?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
There is no doubt that you were insured?
Customer: replied 2 years ago.

im not sure, i was given a insurance certificate to give to the police producer as the vehicle was on a traders policy and it didn't show up when the police checked on the date of the collision

Expert:  Jo C. replied 2 years ago.
What does your employer say about that?
Customer: replied 2 years ago.

they say i was insured but they don't want to go through insurance as the excess cost more than the damage done to the other persons car (only bumper damaged as it was a 10mph collision) my employer wants to fix the bumper instead

Expert:  Jo C. replied 2 years ago.
Well, that is understandable but they cannot just refuse.
The bot***** *****ne is either you are insured or you are not. If you are not then the MIB will pay out and pursue you cost. You may also be prosecuted.
If you are insured then you need to show that you are.
If your employers want to pay the other driver so that he doesn't claim then they are free to do that but the other driver has the right to claim either on the insurance or the MIB.
If you are not insured and your employer was negligent in ensuring that you were then you may have a claim against them.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.

i have no say in the matter with my employer, i can't control what he does. what happens if they just refuse and I'm stuck with the consequences or that it turns out i wasn't insured? do i have a case if it goes to court?

Expert:  Jo C. replied 2 years ago.
Not in relation to the MIB.
If you are prosecuted then you could argue that you have a defence because you did not know and had no reason to know. The burden of proof does rest with you though.
Customer: replied 2 years ago.

isn't producing insurance documents to the police proof? as i was given a producer and if i was uninsured the police would of pulled that up then?

Expert:  Jo C. replied 2 years ago.
No.
It depends whether that is valid.
I am afraid that people forge insurance certificates all the time. Also, there is a well known scam in the UK where some people take out policies and agree to pay monthly so they get a certificate and then cancel it. That is why the police should always check with the insurers.
Customer: replied 2 years ago.

cruel world

but can i use that as a defence in terms of prosecution? as i had no reason think that i was uninsured

Expert:  Jo C. replied 2 years ago.
It is a higher test than that.
See here
S143[3][c]
http://www.legislation.gov.uk/ukpga/1988/52/section/143
But you do have a defence.
Customer: replied 2 years ago.

one last thing

could i defend myself or would you recommend a solicitor?

or is one needed

is it something that gets settled in court?

Expert:  Jo C. replied 2 years ago.
Sorry delay. I lost my connection.
It is always better to have a solicitor but obviously there is cost involved.
It is a question of balancing the two.
A barrister under public access will be much cheaper .
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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