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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Uninsured driving

Resolved Question:

I am employed by a funeral director who gave me me one of the company's vehicles to drive that it seems I was not put on the insurance for that vehicle. I am however on the insurance policy for the hearse I drive, as was there when my employer put my name onto the insurance policy. Last week I was pulled over for using a mobile phone and when the police officer checked the insurance for the coroners van, I was shocked to discover that I do not appear as a designated driver. My question is in two parts, so firstly what happens to my boss for giving me, an employed driver, a vehicle that is not insured and will I lose my license as I already have three points for being caught once before for mobile phone use, if my only means of making money is by being employed as a driver as i have no other skills.

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I assume you thought that you were insured? If so, did your boss tell you that you were?
Customer: replied 1 year ago.

Hi Alex,

I did indeed believe I was insured for all the vehicles that I drive on a weekly basis and have done so for the past three years when I was first employed as a part-time driver by the owner of the funeral parlour

Expert:  Ash replied 1 year ago.
Ok. Was this a new mobile phone offence, ie are there two or just one?
Alex
Customer: replied 1 year ago.

It is indeed a new offence for using a mobile phone so with the 3 I have, would be six and another 6 for driving a vehicle would make it twelve. As I have no other sell-able skill, if my license is revoked, I will not be able to make a living. I believed that as I was employed as a company driver all the vehicles would be covered by a commercial insurance, but it seems they are on private insurance, instead of commercial insurance policies.

He is insisting that I lie and say that I am not employed by him and that I was doing a favour of moving furniture, instead of picking up coffins.

Expert:  Ash replied 1 year ago.
Points are not consecutive, they are concurrent. So if its 3 points for the mobile and 6 for the uninsured then you would ever get 6 maximum which would count.
But if you plead guilty to no insurance you could argue special reasons. That is whilst technically you are guilty you have special circumstances, in this case your employer told you that you were insured. Your boss would ideally attend Court to give evidence on your behalf confirming the above.
In this case the Court may not give you points. But you would still get 3 points for the mobile.
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Alex,

Would he not be in court for the offence of not insuring the vehicle in the first place, as it seems it is the other side of the same offence, surely the case would be be heard together?

Expert:  Ash replied 1 year ago.
Not necessarily. He may be in for allowing you to drive it.
They may or may not charge.
Alex
Customer: replied 1 year ago.

surely as they are both offences he has to face the music?

Last question and thank you for your expert advice without any legalese to confuse me.

Expert:  Ash replied 1 year ago.
Not necessarily. It would be down to the Police.
Does that clarify?
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex