Accidentally uninsured - 6 points, any way of avoiding?

[greg123]

My mate phoned me up tonight. Oh dear. He is a VERY honest guy, to the extent that he reported a non-vw exhaust pipe and plain wheel trims to his insurance as modifications, and won't let me buy him a drink for helping me with stuff because he wishes to declare it for tax as income.

So, I was shocked to say the least when he tells me he sat in a cop car, pulled over for no insurance.

He is fully insured, was driving his wife's car which is not currently insured by her but is taxed and mot'd. Police pulled it and wanted to check that he had insurance to drive it. Sure he says, I have 3rd party road risk. So they phoned RAC and RAC say, 'sorry sir, we removed that from all our policies recently and you don't have it'. Cop then writes a ticket for 6 points and £200, the former being worth a lot more cost when it comes to insurance renewal.

He IS fully insured for his car, and always has been able to drive other cars. But when he got home, the driving other cars is not on his certificate so he must not have checked it.

Is there ANYTHING he can do? I have heard of drunk and drivers over 100mph who appeal mitigation to magistrates and get 3 points and £50, considering he is totally clean record and did have insurance, but due to his mistake it didn't cover him (car was fully legal) it would seem 6 points is very harsh. Essentially they are putting him in the same category as the local chavs who just jump into a car uninsured with nothing to even lead them to believe they may be insured (they don't hold policies) every day.

Any advice appreciated. Worth posting on pistonheads or other forum?

I said I'd ask, I'm seeing him on Sat.

Greg.

[RickT]

I guess he can appeal against it, but that would mean him having to go to court..

The fact is.. he was not insured and driving illegally whether or not he thought he was is a different matter.....
(he may be able to get his old insurance certificate out which stated he was covered and plan the game of that he was not informed in advance that the cover had changed on his policy, the downside is that it will of stated this on his latest documention.)

One other option is to look at his wifes policy to see if that covers other people to drive it or any loop holes...

Its a shame as its only the normal decent people that get stung for things in this world... If he would of been a 15 year old lad with no licenace, tax, mot or insurance, he would of still not the same i bet... just without the fine as the dole money would not cover it!

Cheers

Rick

[Combover]

Afraid not. I got 6 points due to an oversight similar to this.

Unfortunatley for your mate - he'll end up with the same thing I got when I took legal advice:

"it is your responsibility to ensure you have insurance, not to assume"

Its a kick in the teeth, wallet and balls and sticks with you for 4 years.

In terms of renewal, I have just bought a Mazda RX8 231, and to depress myself I checked costs with and without points and it was only £60 a year different so not too bad.

I had my new policy doc through on Wednesday and spent 45 mins reading it to ensure everything was covered.

So many insurers are changing things on policy renewal that it is worth spending some time sitting and making sure we dont get in trouble.

Sorry for your mate though - I remember it well.......

[Eshrules]

Aboslutely nothing you can do I'm afraid.

I never ever get in another car, without first checking I'm insured, pleading ignorance, is, unfortunatley, not a defence.

your friend will have to suck up the 6 points.

[Combover]

Also, probably the reason he was pulled over is because the car was showing on the (EU 4th Directive - cant you tell i used to managed this!) Database for insurance.

If there is no policy on the car, it will be pulled over regardless. Obviously if you then prove 3rd party liability then they'll let you on your way.

So, try and not drive a car without a policy as it will decrease your chances of being pulled over by plod.

[Combover]

^^ interesting 1st post

Anyway, what I'm saying is that if the car has no policy but the driver does, it will still be pulled over as it will be showing as not insured.

[greg123]

All fair points. Does anyone know though, if he goes to court, if they have leeway to decide on a punishment or if they have mandatory amount to give and they can't raise and lower?

Like I say, driving over 100 is a ban but some have got 3 points after pleading at court. I'm not arguing or doubting his guilt in this absolute case.

Greg.

[bora(ing) nick]

I was always told that driving with no insurance was a minimum of 10 points? i'll try and find some evidance.....

As combover says, if the car is not insured (even if you are) you are asking to be pulled over everytime you pass an ANPR camera.

AND... one to check for yourselves.... whilst reading the small print on my fully comprehensive policy with Quinn direct, they state that i am only insured (3rd party) to drive another vehicle, IF the registered owner and keeper of the vehicle has their own policy on the car.

All too often, the justice system fails to protect those that respect it. If he had been a 15 kid driving with no licence, no MOT, no Tax or insurance, he'd of been sent on a trip to alton towers for troubled youths, as part of some goverment funded rehabilitaion scheme.

[Combover]

Only one way to find out!

I ended up with 6 points and a £220 fine, £20 costs, and obviously I had to get my car back from the impound too at a cost of about £150

[Eshrules]

All fair points. Does anyone know though, if he goes to court, if they have leeway to decide on a punishment or if they have mandatory amount to give and they can't raise and lower?

Like I say, driving over 100 is a ban but some have got 3 points after pleading at court. I'm not arguing or doubting his guilt in this absolute case.

Greg.

I doubt going to court, to contest something he knows is right, will earn him a lesser 'sentance' he's likely to incur court costs and if he gets a strict magistrate could face a heftier sentance.

personally, i'd accept what i'd gotten and be on my way