On my ins policy it states, i can drive any car with the persons permission, which i had.( my friends car)i was stopped by police,who checked with ins company they told police i wasnt ins to drive any car,due to my age 23 only 25 yr olds eligible.Yet it clearly states on policy i can.Police sympathetic, but still charging me!!HELP.
2006-09-09
04:51:45
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32 answers
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asked by
pageys
5
in
Politics & Government
➔ Law Enforcement & Police
I was stopped for a spot check.I HAD NOT COMMITED ANY DRIVING OFFENCE. I was charged with having no insurance,6 months after i was stopped.my friend was my passenger.( jeeeeezz i feel like im in court already )
2006-09-09
05:28:03 ·
update #1
I was stopped for a spot check.I HAD NOT COMMITED ANY DRIVING OFFENCE. I was charged with having no insurance,6 months after i was stopped.my friend was my passenger.( jeeeeezz i feel like im in court already )
2006-09-09
05:28:23 ·
update #2
The law is quite fair on these points.
If you had good reason to believe that what you were doing was lawful and were given no reason to believe otherwise then you were not committing an offence. If it stated clearly on your policy that you were insured then you have a defence of honest mistake. You relied on the expert knowledge of the person writing out the policy. It is part of the contract you have with them. If they made a mistake when the policy was taken out then you cannot be held responsible for it. You acted in good faith believing that what you were doing was lawful.
Go and see your solicitor and make the ins company look stupid. It is their fault. They have also probably mis-sold you the policy so they are in trouble as well and you could be entitled to a refund and compensation. I have no doubt, that your insurance was expensive.
Good luck
2006-09-10 00:42:45
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answer #1
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answered by LYN W 5
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First of all the police can stop and check anyones documents for driving, if you have or haven't been comminting other offences. Your insurance wilkl have small print stating the ages for this third party insurance allowing you to drive other vehicles with the permission of the owner. When you take the policy out you agree to this small print if you've read it or not is a different thing all together. Therefore you rally don't have a leg to stand on because by taking the policy you agree to the small print. Just because you didn't read it and just went with the schedule means you're still at fault. Harsh but true.
The only thing you could check is if your mates insurance covered you in anyway!
2006-09-09 06:21:45
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answer #2
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answered by Simon B 2
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What should i do plead guilty or not guilty.? PLEAD GUILTY TO WHATEVER DRIVING VIOLATION THEY PULLED YOU OVER FOR - IT WASN'T BECAUSE OF YOUR INSURANCE OR AGE
On my ins policy it states, i can drive any car with the persons permission, which i had.( my friends car)i was stopped by police,who checked with ins company they told police i wasnt ins to drive any car,due to my age 23 only 25 yr olds eligible.Yet it clearly states on policy i can.Police sympathetic, but still charging me!!HELP.
PLEAD NOT GUILTY ON THE INSURANCE RELATED CHARGES AND DEFEND YOURSELF AS BEST YOU CAN GETTING A LAWYER IF YOU THINK IT'S WORTH IT. YOU WILL LIKELY LOSE, BUT THE JUDGE MAY BE SYMPATHETIC ON THE ISSUE IF IT'S CONFUSING ENOUGH WHICH IT SEEMS IT IS.
2006-09-09 05:08:07
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answer #3
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answered by Nick 3
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If you want help, get a lawyer. You need help, because you are quite confused.
What are you being charged with?
If your policy states you are covered while driving any vehicle with the owner's permission, and there is no rider that restricts that coverage, and you are being charged with driving without insurance, that should be easy to win.
If your friend was not the owner of the vehicle (it belonged to his/her parents, say) and the real owner did not give you permission, you're in trouble.
If the charge is driving an uninsured vehicle because the vehicle's inurance has a provision that only persons 25 and older can drive it, and your insurance does not cover you because you had no legal right to drive that vehicle, you have a problem.
2006-09-09 05:03:56
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answer #4
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answered by thylawyer 7
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I hate lawyers, but... I think it really depends on the state you were in. Where I work no proof of insurance is an intent crime. What I mean is, if I borrow my friends car and either he tells me it has insurance or it would be reasonable to believe that there is insurance, you've done nothing wrong even if the vehicle isn't insured. I would say a lawyer is your best bet and don't plead to anything before you talk to him. Sounds like a bad deal no matter what.
2006-09-09 10:26:38
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answer #5
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answered by MJ 2
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I have to say, that I have not come across this before. It is very unusual for the police to actually contact an insurance company to check anything!!
The insurance certificate is taken as absolute proof of entitlement to drive. Check your certificate again. If you have to be 25 for the 3rd party cover to come into force, to enable you to drive other vehicles, then it will say so. If it does not say that, then you must be covered.
To be sure of my facts, I would need more information, such as, is the insurance in your name? Is it fully comprehensive?? Etc. etc.
Phone your insurance company and discuss this problem with them. If it is found the police have got it wrong, a letter from the insurance company to the CPS office dealing with your case, should suffice to get the summons withdrawn.
I hope this helps. Good luck.
2006-09-09 05:46:17
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answer #6
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answered by steve b 2
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Let the judge decide, that's why he's there. Take the policy in, highlight the portion about you being covered driving someone else's vehicle, and let him read the section that applies. Oh, and make damn sure you take proof that your insurance was paid and currant when you were stopped!
Be honest, be sincere, don't be a smart ***, and see what happens. Worst case he fines you anyway, plus you pay a court cost, ($50 here.)
By the way, who's your car insurance company?? I want to make sure I NEVER have insurance with them! :)
2006-09-09 05:44:02
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answer #7
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answered by Anonymous
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There's something about this that doesn't sound right, but if the facts are as you stated, then it's simple. Check your policy carefully and if there isn't any clause about this age limitation contained therein, plead not guily and take your evidence to court. I find it hard to believe that any judge in the land would convict you. Miost traffic courts are so busy, they just want to dispose of cases as quickly as possible.
2006-09-09 05:10:29
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answer #8
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answered by Knowitall 3
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First of course it will depend on what state you are in, for example in our state insurance is for a specific car, if you drive my car, my car with my car serial number will have to be specificly insured. Your policy may protect you from some liablity but not me and my car.
So if your charge is for driving with no insurance most likely you are guilty, but it is always best to plead not guilty
2006-09-09 05:02:33
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answer #9
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answered by Anonymous
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If you have a sympathetic police officer, and you have something in writing to back you up....not guilty it is. Realize that you will be prosecuted by a DA who will of course be conversing with the police officer. If they are indeed smypathetic to you...they may bring your charges down to a lesser offense or dismiss the case completely. But they are of course, just doing their job so don't get mad at them either way. That's the worst thing you could ever do...is get angry with them.
2006-09-09 04:58:56
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answer #10
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answered by anysomeone 3
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