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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71339
Experience:  Over 5 years in practice
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Hi, due to a mistake where I swapped my car insurance online

Customer Question

Hi, due to a mistake where I swapped my car insurance online from one car to another and unbeknown to me it did not go through and I remained insured for the previous vehicle, I then taxed the new vehicle which reinforced my belief that I was insured which I have now learned that you do not need insurance to tax a car etc. I then 2 weeks later was involved in a minor traffic incident which was not my fault. I went online to make a claim only to find I was not insured for the vehicle. I then proceeded to contact Aviva to protest ultimately to no avail. I am at the point where the other persons insurance company is contacting me saying: I understand that I was responsible for the incident it is a criminal offence to not provide insurance details etc. what I would like to know is where I stand with regard to fighting a claim of fault with no insurance cover. And how to proceed with resolving this matter? thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
You are perfectly free to contest the claim. You just refuse to pay and invite them to sue. The fact that you are not insured doesn't mean you are liable in civil law for the accident.
You do need to bear in mind that you expose yourself to the other side's costs so it is a risky action but it is one that you are perfectly free to pursue.
It is a criminal offence to fail to provide but you cannot provide so you will have to put your hands up.
Can I clarify anything for you?
Customer: replied 3 years ago.

ok thank you. does that mean I am liable to prosecuted for no insurance from the police?

Expert:  Jo C. replied 3 years ago.
There is a risk that you could be.
If you settle then they may not make a report but that is obviously the risk that you face.
Customer: replied 3 years ago.

I have contested the issue with my insurance company and they are merely saying that there was no issue with the online service that day however, I distinctly remember it going through although it obviously didn't, other than the ombudsman is there anything I can do with the insurance company as I feel it is there mistake which has lead me into this situation? would you advise I employ a solicitor to deal with this issue? is there anything I need to know when contacting the other persons insurance company? thanks

Expert:  Jo C. replied 3 years ago.
If you weren't insured then you weren't insured. There is no way around that. You can complain to the Ombudsman. You can ultimately sue them in breach of contract but you have to prove that the payment did go through.
A solicitor isn't going to add anything to this except cost.
Contacting the other person's insurance is simple enough. They will ultimately find out you are not insured so you have no option but to tell them.
Customer: replied 3 years ago.

ok, thank you for that

Expert:  Jo C. replied 3 years ago.
No problem.
All the best.