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Topic: Need advice and info..  (Read 851 times)

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  • Montana-North Dakota-Texas-Ma chester-Batley
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Need advice and info..
« on: August 17, 2007, 03:54:17 PM »
ok long story short.. I was in a car accident saturday.. not my fault I was basically in the wrong place at the wrong time..  well I wasnt worried as I was just the third party in it as the other two cars were the main accident and I was just the after effect resulted from the first crash.. well as I said I wasnt worried.. husband and I thought our insurance was all in order..  well guess what.. apparently the insurance company changed the terms on our policy and we were unaware as we didnt receive any letters about the policy change..  so now this has obviously caused problems..  does anyone have any experience wiht things like this.. has anyone had to go to court over no insurance and if so what has happened?  What can I expect.. as the cause was out of my control and it was a honest mistake..  any help would be appreciated!!
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Re: Need advice and info..
« Reply #1 on: August 17, 2007, 04:17:58 PM »
Hi there,

Get in touch with your solicitor immediatley to see exactly where you stand. Driving with no insurance is looked upon as bad by the insurance companies and the police and the courts. From what you've said, 'it was an honest mistake' and 'you didnt know' wont stand up in court as it's your responsibility to check the policy before sending it back to them to accept it.

if you explain everything to the lawyer, see how much of a softening of the fine/points he can do based on what you say in court that it really was an honest mistake. Depending on the nature of the accident will determine how much of a fine or 'trouble' you are in - but basically, from what you said it sounds lilke you won't get a payout for any damage to your car and possibly a fine for incorrect insurance when/if contacted or when/if asked to go to court.

good luck!

DtM! West London & Slough UK!


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Re: Need advice and info..
« Reply #2 on: August 18, 2007, 12:45:26 AM »
Actually we didnt even receive the renewal note. due to the postal strikes and such in the area and since it was on direct debit it just continues.. but you are wrong in one way  I have been doing some research and an honest  mistake is  a form of defense.. I found a wonderfull website that shows the magistrates court procedures and stuff.. I know there will be a fine and such but at the end of the day I cant change and I know that there si some reason that this is happening to me now..

Cleaning your house whilest your children are growing is like shoveling the walk while it is still snowing...


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Re: Need advice and info..
« Reply #3 on: August 18, 2007, 02:07:05 AM »
Unfortunately the minimum punishment for driving without insurance is 6 points of your driving licence and a £200 fine (or thereabouts). But it will depend on the circumstances, for example did the police attend the scene? If so were you issued with a request to produce your documents at the police station within 7 days?

Personally (and call me a bit paranoid) I record all conversations I have with my car insurance company as I know they can change the conditions at the drop of a hat, the most recent of which that is catching everyone out is the belief that the policyholder is covered to drive other vehicles that are not owned by them with third party cover which insurance companies are removing from most policies (read your certificate very very carefully) It remains that the responsibility for insurance cover lies firmly with the driver.

There are however some defences to driving with no insurance, these being;

Quote
3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
 (a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
 (b) that he was using the vehicle in the course of his employment, and
 (c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.

Best of luck..


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Re: Need advice and info..
« Reply #4 on: August 18, 2007, 09:57:52 AM »
the insurance company changed the terms on our policy

What exactly was changed?   The only insurance required by law is for third-party liability.   So long as the driver was so insured for the vehicle at the time, you'll be fine.
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