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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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My daughter has received a summons accident near 6 months

Customer Question

My daughter has received a summons for an accident near 6 months ago. Due care and attention and driving without insurance. She collided into the rear of a car that suddenly stopped without indication. She is at Uni on a nursing degree and has taken a part time job as a care worker to help fund herself and gain experience. On the day of the accident she was on her way to visit an elderly fellow on a Saturday afternoon. The car was owned by myself and insured by me for myself, my wife and daughter. I stipulated that my daughter was the main user of the vehicle but at the time had her down as part time employment as a waitress which she was at the time the insurance was taken out. So filled in; full time student; Nursing; part time waitress. The police officer has said on further enquiries she had no insurance because wasn't covered for business. However I received full payment for a total loss and the third party was paid out. Should it be fought or does she plead guilty and explain the circumstances. Worried that fighting it could make things worse. Potentially she could lose her license and therefore her nursing as has had her license for less than two years. Your advice would be appreciated. Can we approach the courts to stop this going any further.
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.
On what basis?
Customer: replied 1 year ago.
can you clarify
Expert:  Jo C. replied 1 year ago.
On what basis would you ask the court to stop this? She seems to accept the offence?
Customer: replied 1 year ago.
The car was insured as all the parties were paid out, so how can she be charged with having no insurance. With regards ***** ***** accident the car stopped without warning for no obvious reason. Whilst not good, how is this a police decision when they were not at the scene at the time and the vehicles had been moved away. Anyway, if the insurance was resolved it would possibly be best to take the undue care and attention.
Expert:  Jo C. replied 1 year ago.
I would imagine because they are saying the vehicle was put to a purpose not included on the insurance.
The fact that the insurance company has chosen to honour the claim despite that doesn't mean that insurance was in place as the criminal law demands.
If she was not using it for that purpose or that purpose was covered then it should be a simple matter of producing the insurance certificate at court on the date set down.
If she was and there is no insurance in place then she would have no option but to plead as she would be convicted at trial. It isn't really even a special reasons point if the insurance that was in place doesn't cover her for this type of journey.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Am I wrong then in thinking that the law requests third party insurance of which is obviously in place as the liability was paid. At no point have I been notified that she wasn't insured. From what I can gather when asked where she was going she stated to visit a client. She does 12 hours a week and at the time wasn't using the car all the time. Also her employer had stated she didn't require business insurance. This is a part time job and her time is mainly university. One more thing, as we stated she was a nursing student, do they not know that travel is to Uni and placements.
Expert:  Jo C. replied 1 year ago.
Yes, you are.
At least you are right as far as the requirements of the law but wrong on the point that it was obviously in place for the reasons above.
If she was travelling to different locations for business then she would have needed business insurance.
If she was travelling to a fixed place of work then that can sometimes be included but not on domestic and social insurance.
Customer: replied 1 year ago.
So she will attract the same punishment as those deliberately driving without insurance and causing damage that people cant claim for. Therefore pleading guilty seems the way to minimise. Is there any point in sending any of what I have stated as mitigating circumstances to keep the punishment to a minimum.
Expert:  Jo C. replied 1 year ago.
Well, it depends.
If she is insured then she just produces a certificate.
If not, then it will be 6 points and a fine.
You may as well mitigate on this basis. It is not actually that unusual. I used to prosecute traffic courts all the time and most instances of no insurance are just people who have expired by accident or exceeded the terms of their insurance. There is not a great deal of wanton driving without insurance about.
Customer: replied 1 year ago.
Is this where our 1M uninsured drivers come from. Ill sign off then and put best case forward. Is it best to plead on line, by post or attend in person?
Expert:  Jo C. replied 1 year ago.
Yes, mostly. Most of them are just admin errors rather than deliberate uninsured drivers.
How long ago did she pass her test?
I'm happy to continue with this but please rate my answer.
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Customer: replied 1 year ago.
Yes I will rate you. Obviously not too happy with your answer, but no reflection on you.
She passed in November 2014. I'm particularly annoyed with the part time employer that told her business insurance was not needed. She had to supply a copy of her insurance to them which states SD&P including commuting. If I had of realised at the time? The police have stated that the only way to drop the insurance charge is if the insurance company confirm she was insured for business purposes. Not likely. and as you say she has admitted in her statement that she was visiting a client. Are we able to request a copy of her statement.
Expert:  Jo C. replied 1 year ago.
If she passed in November 2014 then she would be within the first two years of driving so this could mean revocation.
She needs to ascertain whether or not she was insured for this particular journey. She might well be but only the insurers can comment.