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JG_Legal
JG_Legal, Barrister
Category: Law
Satisfied Customers: 46
Experience:  Experience of consumer law, financial regulation and criminal law.
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Iwas charged with driving without insurance on thursday

Resolved Question:

hi, iwas charged with driving without insurance on thursday the 10th of sept, i was driving a car registered to me but insured by my sister, i was a named driver on her insurance. I was stopped for not having insurance. I contacted my sister who informed me that she is insured and provided me with the name of her insurer. From this the police then contacted mib who contacted? but the officers were then informed that the car was not insured.
I was cautioned and then informed that the car would be impounded and that i would face a £300.00 fine and 6 points for driving without insurance.
During this was happening my sister contacted her insurer (budget) who informed her by email that the car is insured and that i am a named driver on the policy. My sisiter has been Paying for this insurance by direct debit since early august and has had no communication to indicate anything else other than a live insurance policy.
To try and resolve this we then contacted the insurance underwriter (axa ) who informed her that the car had not been insured since early august ?
Subsequently she has contacted budget to try and resolve this, budget are now saying that because she got my date of birth wrong on the policy that they will not honour myself being insured on the policy and therefore liable to being prosecuted for an offence that niether of us were made aware that we may be commiting.
My car remains impounded at the moment and acumulates charges and the insurance ombudsman process will take to long for this to become resolved within their system before i have to pay the fine of £300.00and accept the 6 points on my licence. in adition tho this budget are now presurising my sister to cancel her policy ?
Submitted: 2 years ago.
Category: Law
Expert:  JG_Legal replied 2 years ago.
Can you clarify what your question is?
Customer: replied 2 years ago.

my question is given the insurance situation am i still liable for prosecution for driving without insurance, the fine and the impound fee

Expert:  JG_Legal replied 2 years ago.
Section 143 of the Road Traffic Act 1988 makes it an offence to drive a car without insurance. It is a strict liability offence - this means that it is irrelevant that you honestly and reasonably believed you were insured. Section 143(3)(c) provides a statutory defence but this does not apply in your case (It only applies if: 1. the car was not yours and you were using it in the course of your employment). If I have answered your question please accept my answer. If not, please feel free to ask for further clarification.
Customer: replied 2 years ago.

i understand the offence but i suppose my question relates more to the insurance issue where budget were stating that even after the offence was committed that the car was insured and that they stated this position in email 4hrs after the offence and identified me as a named driver on the policy.they are now renaging on the insurance having been informed of the offence on the basis that my dob was entered wrongly.

given that budget have been taking money for the insurance it seems wrong that they do not honour the policy they were taking money for and that they will not honour the policy and state that i was insured at the time of the percieved offence.

the fact that underwriters made their statment is surely between them and budget and that the fault of me recieving points and a fine lay with budget.

Expert:  replied 2 years ago.
I understand your frustration but it is all about whether you were insured in accordance with the terms of the policy. You said your sister entered your date of birth incorrectly and that this invalidated your insurance. Unfortunately insurance policies are notoriously strict (the theory being that insurers have to pay out a lot of money against a relatively small payment for the policy so the terms and conditions are construed massively in their favour). The fact they gave you incorrect information might be worth some compensation but it probably won't be more that £50 if you take it to the Financial Ombudsman Service. If I have answered your question please accept my answer. If not, please feel free to ask for further clarification.
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