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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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I'm looking into insurance cases as someone I know was just

Customer Question

I'm looking into insurance cases as someone I know was just issued a summons for driving without having insurance, and that's the first he had heard of it. No notice from insurance company or DVLA. In fact, he taxed the car the far before receiving the summons.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
Hi Jo,
I'm asking whether he should plead not guilty as he wasn't aware of the insurance issues at all, as evidenced by paying road tax, etc, even though technically he wasn't insured on the date in question, or if he should plead guilty and explain the circumstances - if he does plead guilty, what's the worst case scenario in terms of fines, points, etc?
Customer: replied 1 year ago.
Relist: Other.
Waiting too long for a specific expert
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Does he pay the insurance monthly.?
Customer: replied 1 year ago.
Hi Alex,
He did pay monthly, from an account he stopped using because the bank kept 'losing' our deposits. He set up a new DD according to the new bank but not the insurance company.
Expert:  Jo C. replied 1 year ago.
Hi
What is the issue with insurance?
Is it uninsured? If so, why?
Customer: replied 1 year ago.
The insurance company cancelled the insurance in December and he has been sent a summons for driving without insurance in February. He got the letter at 3.30 this afternoon and was insured by 4.45 with a new company.
Expert:  Jo C. replied 1 year ago.
Was the payment taken for December? I presume december was the issue not earlier?
Customer: replied 1 year ago.
All payments up to date with insurance company including Ddcember.
Expert:  Jo C. replied 1 year ago.
Why was your insurance cancelled?
Customer: replied 1 year ago.
According to the insurance company it was for non payment of DD, which as far as he knew was fine. No notifications from anyone that it was cancelled until summons appeared today.
Expert:  Jo C. replied 1 year ago.
Ok.
Have there been any non payments?
Customer: replied 1 year ago.
Only according to the insurance company, not the bank.
Expert:  Jo C. replied 1 year ago.
So all your payments are showing as having been taken? It is very important.
Customer: replied 1 year ago.
He spoke to the bank over the phone and has asked for written proof. If he can't get that in time, it's obviously just his word, so he also needs to know the worst case scenario.
Expert:  Jo C. replied 1 year ago.
The worst case scenario is that there was a missed payment. If so then they would have been free to cancel.
The best case scenario is that there wasn't a missed payment in which case this is an insurance error.
Either way, he is not insured. No insurance is an offence of strict liability and so his only option would be to plead guilty. If the latter applies though then he could ask the court to find that there are special reasons not to add points to his licence.
If he intends to do that then he needs to gather evidence that he has otherwise always kept the vehicle insured as that is always a very helpful factor with special reasons applications.
Can I clarify anything for you?
Jo

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