Driving without insurance (but not aware!)?

Question

Hi, I asked a similar question concerning this before but didn't explain myself well enough. I was pulled over whilst driving my partners car (she was in the passenger seat with me) and when I took in my documents they wouldn't accept the insurance. It stated on the insurance paperwork (but, alas, not on the certificate) that it is legal for this vehicle to be driven, stating "by any other person for travel to and from a place of business" which I thought covered me as she is a community nurse and I went with her (and drove) for the day. I pleaded guilty by mail and also sent a letter explaining this situation and that I believed to be insured and now I have received a summons to go to court with these documents (for them to consider a lower punishment I presume). A long winded question I know, but has anybody been in this situation before and could advise me? I have never been to court before and am a little worried about it to be honest. Thankyou for your help.

Answer 1

get a lawyer to represent you !!! if you get convicted your insurance rates can double for up to five years and that is a lot more money than the lawyer will cost /

Answer 2

It isn't 100% clear from your submission exactly what level of cover your partner has on her insurance. If you are not a named driver on the policy, providing you have motor insurance in your own name, you may have Driving Other Cars (DOC) cover which allows you to drive a vehicle not owner by you, or hired to you, with the owners permission. Cover would be Third Party Only (TPO) but this would at least give you lawful cover to drive the vehicle. If the car was being driven in connection with a business or profession, the cover may well be compromised unless you were specified on the policy.

Normally, where Class 1 Business Use is included for the insured, it is also extended to the spouse (or common-law partner) where they are also named.

If you do not have insurance in your own name, and are not named on your partner's policy, you were technically driving uninsured and could be prosecuted accordingly.

If you would like to discuss the matter in more depth, respond with some more information and I'll try and assist you further.

Answer 3

The certificate's the thing. It'll usually say which clauses in the "catch all" policy document apply. As you're going to court anyway, you'll have the chance to explain how the misunderstanding arose. I'd have a word with a solicitor first, though, they usually give the first interview free.

Don't panic about going to court, they'll explain what to do, where to stand etc.. Just dress neatly, be quiet and polite to the bench, it's (usually) three normal people from the community who know how real life works. Oh, and if they find you guilty they'll ask if there's anything you want to say before they pass sentence. Now's your chance to be contrite, apologise for your misunderstanding and for taking up the court's time.

Answer 4

Her car may have only been insured for pleasure or part time. Did the insurance policy expire or did someone not recieve another insurance card with the new year? I ask because i was pulled over last summer and was toldl I wasdriving under asuspended license. That came as a big shock. Come to find out I never had my new insurance card several months earlier when I had gotten a speeding ticket. It never dawned on me when the officer told me to give them proof of insurance, i never once thought about it. Why don't you just go down to the courthouse and do some brain picking with these people and se what can be done.

Answer 5

A lawyer willl be the best person to advise you on this.
Please go and see a lawyer that specialises in traffic offences, if you are lucky you will not be charged for the initial consultation.
Take all the insurance paperwork with you.



Going to court is a daunting experience and I can appreciate that you are worried, all I can say is that while the courts do try and be fair they are bound by the law and if you broke the law they can try and show understanding but you will not be let off completely

Answer 6

Have you got car insurance of your own for a different car? You may have third-partly cover for whatever car you’re driving check it out.

Also, the section about “to and from a place of work” sounds like it is just talking about “business use” of the car. It may also be worth checking what they mean by that because they could mean a “fixed” place of work like an office. If your partner uses the car to drive around all day visiting patients, she may need “class-1 business use” best to call her insurer before they screw her too.

Good luck with court, hope you get let off.

Answer 7

The question is who owns and who insures the vehicle.

If it is supplied by her employer and insured by them then the cover to drive to a place of business could refer to her business only.

You need to speak to the insurers and clarify exactly what the cover is. If they say that it includes yourself in the particular circumstances then a letter from them will solve the problem.

The fact she was working and you were spending the day acting as her chauffeur should I think cover you.

If it does not then you need to explain to the court that you have misunderstood the terms of the cover.

Answer 8

It would appear you are referring to the policy wording and not the actual cover in force.I am surprised your partner is not being prosecuted for aiding and abetting the offence. If you already have points on your licence, you may need to consider expert legal representation. A conviction for 'No Insurance ' in the UK carries between 6 - 8 points. The fact that the person who's car you were driving is your partner's could make things worse; as she would have taken out the insurance and therefore must be aware you were not included in the insurance application. Good luck with this one, you are going to need it !

Answer 9

It would be best to consult with her insurance company to find out exactly who and what is covered under this policy.

Not having insurance is an absolute offence, i.e you're insured or your not. If it turns out you were not insured then consult a solicitor prior to going to court. Its not like you are blatantly driving around without insurance like some people we see.

Plead to the better nature of the magistrates and hope for a lesser penalty. Good luck.

Answer 10

As Far as I can see you were not insured .
If you are not named on the certificate or if the certificate is not any driver.
the only other way you could be insured is if you have a comprehensive insurance policy in your own name third party is no good as it does not allow driving any other vehicle.
One possible way to get covered is if your partners employer gives you a letter saying you had permission to drive the vehiicle on the date you were stopped.

Answer 11

Since you have not been to court yet.You can change your plea.Never plead guilty to any ticket.It is up to the courts to find you guilty.I believe so long as the car was insured, you should have been covered if you are the policy owner and the insurance had not expired.