Court for no insurance - cancelled by insurer!

[Inca]

Re: Court for no insurance - cancelled by insurer!

So what happens when Insurer can prove email was sent? Whatever folder it goes in to surely that puts the onus on the insured party to read any/all emails?
I've insured cars online before and received the document..and hard copy letters when the payments got cocked up .
Also,,OP says he didn't return required documents,,did he know he had to send the documents and what documents they were?

[des8]

Re: Court for no insurance - cancelled by insurer!

I do not believe points are imposed on licence for this offence.

I am assuming you are accused of breaking the "continuous insurance" requirement, and haven't actually been picked up driving without ins. If the latter you're lucky to have the car still.

Besides the DVLA correspondence you should have received a warning letter (insurance advisory letter) from the MIB, (who work with DVLA) advising you they had no record of your insurance..

It seems you are the victim of system breakdowns by the insurance industry.
Have you been given the option of £100 penalty, or to contest in court and risk £1000 fine if you lose?

As someone suggested earlier the experts in motoring matters are Pepipoo.

[des8]

Re: Court for no insurance - cancelled by insurer!

Even if certain documents were not submitted by OP the insurer has a duty to ensure that notice of cancellation is actually received by insured.
When I was in the industry any cancellation of any legally required insurance was sent by recorded post to ensure the insured was aware he was no longer covered and could make alternative arrangements. I note now a days the practice is to send 7 days notice by ordinary mail.

[craig_1975]

Re: Court for no insurance - cancelled by insurer!

I do not believe points are imposed on licence for this offence.

I am assuming you are accused of breaking the "continuous insurance" requirement, and haven't actually been picked up driving without ins. If the latter you're lucky to have the car still.

Besides the DVLA correspondence you should have received a warning letter (insurance advisory letter) from the MIB, (who work with DVLA) advising you they had no record of your insurance..

It seems you are the victim of system breakdowns by the insurance industry.
Have you been given the option of £100 penalty, or to contest in court and risk £1000 fine if you lose?

As someone suggested earlier the experts in motoring matters are Pepipoo.

Thanks everyone. Document requested was a copy of my driving licence and it slipped my mind. Yep, my error.

But I never got a £100 initial fine or letter from anyone. Just court summons.

I just can't believe I'm now liable for 1000 and 6 points cos I didn't notice direct debits stopping.

Unfair for just being a wee bit useless on admin. And I agree, given the SERIOUS implications, cancellation should be via delivery requiring signature.

[Inca]

Re: Court for no insurance - cancelled by insurer!

I had been caught speeding and was given points on my licence,,I was told,and completely forgot,to send the green bit off to the DVLA...my licence was revoked and the first I knew of it was when I went to get a new car so I do have an element of sympathy here with OP but unfortunately I think they'll tell you the same as they told me,,,tough luck,should have checked.
Luckily I never got stopped or ANPR'd during that time or I would have faced a hefty fine and probably more points

[enaid]

Re: Court for no insurance - cancelled by insurer!

Thanks everyone. Document requested was a copy of my driving licence and it slipped my mind. Yep, my error.

.

Well yet again I am sorry but if this was requested and not complied with then I see no defence, I can not renew my caravan lease without full proof of a gas check and full 12 months insurance. Why would a motor insurance company fully insure anyone who they did not know had a valid license or not.

[MissFM]

Re: Court for no insurance - cancelled by insurer!

I don't know if the below links might help at all? The gist of both appears to be that, whilst driving without insurance is a "Strict Liability" offense, there may be "Special Reasons" to have the penalties (points and a fine) removed, as I understand it.

http://www.keep-your-licence.co.uk/s...hout_insurance

If your policy of insurance has been cancelled in circumstances where you were unaware of the cancellation, then you may have a defence to driving without insurance. You would only be guilty of driving without insurance if the insurance company had taken reasonable steps to notify you of the cancellation. This may involve obtaining further information from your insurance company. However, you can expect your insurance company to be uncooperative on this issue, so you may need our help to elicit the necessary information, by way of third party witness summons if necessary.

http://www.motorists-lawyer-kent.co....insurance.rhtm

Special reasons might include:

• a cancellation of an insurance policy by the insurer without telling the policy holder
• insurance company error
• trusting and relying on information given by the owner that proves subsequently to be wrong
• having a genuinely and reasonably held belief you are insured when you are not

Both links seem to suggest that professional legal representation might be wise - nb both are links to solicitors

[des8]

Re: Court for no insurance - cancelled by insurer!

Well yet again I am sorry but if this was requested and not complied with then I see no defence, I can not renew my caravan lease without full proof of a gas check and full 12 months insurance. Why would a motor insurance company fully insure anyone who they did not know had a valid license or not.

What the insurers should do is to issue cover for a short period (ie an annual policy but a limited period certificate of insurance) so if the insured does not comply and produce documents in time the certificate lapses.
However what they tend to do is issue annual policy and certificates and then cancel if documents aren't produced.
Once they have issued policy and certificate they must ensure that cancellation is received by the policyholder.

The implications of driving uninsured are too important for the insurers to be casual about cancellation procedures.
I would not compare that with problems of renewing a caravan lease

I have failed to find the wording of the CIE regulations, but all commentators seem to think you will get an "offer" of £100 fixed penalty, which progresses to court if not taken up. DVLA website seems a bit ambiguous over this.

I would still recommend Pepipoo!

[bluebottle]

Re: Court for no insurance - cancelled by insurer!

I agree with Des that the OP needs to go to Pepipoo who are the undisputed specialists when it comes to motoring issues. Speaking from a purely personal point of view, the motor insurance industry should never have been allowed to set up and administer a database that shows whether a vehicle is insured or not and allow the police access to it when they appear not to care whether or not the information on that database is 100% accurate or not. I also agree with Des that motor insurers should be required to send any cancellation notice by Recorded Delivery. It is a legal matter and hard copy should be sent to the insured. One final thing, it is not beyond the motor insurance industry to cancel DDs in error and then not admit they have blundered. They appear to be very good at that. It is high time the insurance industry, as a whole, was given less of an easy ride than it has up to now and is made to operate under the same rules as everyone else. The industry should not be made a special case.

[Inca]

Re: Court for no insurance - cancelled by insurer!

The difference here though is it's OP's word against insurers and by his own admission OP didn't provide the documents requested thereby voiding the policy.
Unless OP can prove he DID send the required documentation (which we know he didn't) and that he received NOTHING either by email,snail mail or a Messenger from God. I can't see how the Insurers are at fault here. To maintain insurance one has to make the payments and the Insurers can't be held responsible for the OP not checking his bank account.

It may not seem right or fair to others but it's as black and white as that.Best OP can hope for is Insurers have no evidence to prove they contacted OP to say policy was in jeopardy/cancelled,then IMO he has a valid defence,,otherwise he hasn't

[des8]

Re: Court for no insurance - cancelled by insurer!

Technically the policy was not void. It was cancelled by insurers as required documentation was not forthcoming.
If the policy was void, it would have been void from date of inception and there would have been no cover and the insured would have been entitled to a full return of premium.

Whilst we all agree the OP made a mistake in not producing the required documents, and so rightly had his policy cancelled, it is the manner of that cancellation that is worrying.

Liability cover is required by law to protect third parties. If that cover is withdrawn for any reason, the insurers must ensure the insured knows. This is not just for the insured's sake, but for anybody to whom he might become liable and expect that policy to produce the requisite indemnity.

IMO they should not rely on emails or unregistered post, or hoping the insured notices his premiums aren't being paid!

[bluebottle]

Re: Court for no insurance - cancelled by insurer!

Technically the policy was not void. It was cancelled by insurers as required documentation was not forthcoming.
If the policy was void, it would have been void from date of inception and there would have been no cover and the insured would have been entitled to a full return of premium.

Whilst we all agree the OP made a mistake in not producing the required documents, and so rightly had his policy cancelled, it is the manner of that cancellation that is worrying.

Liability cover is required by law to protect third parties. If that cover is withdrawn for any reason, the insurers must ensure the insured knows. This is not just for the insured's sake, but for anybody to whom he might become liable and expect that policy to produce the requisite indemnity.

IMO they should not rely on emails or unregistered post, or hoping the insured notices his premiums aren't being paid!

You've summed it up very succinctly, Des.

In the world according to the insurance industry, only it is right and everyone else is either wrong or trying to cheat them. If they cock-up, they can always think of a plausible excuse or reason to avoid being held to account. It is time for the insurance industry to stop living in its own little world and face up to some harsh realities, one of them being that if you are going to cancel legally-required insurance, you have to ensure the insured actually actually receives written notice, not leave it to chance that they might pick up an email or a letter might arrive by ordinary mail.

As for the MID, given the number of blunders, it should be taken out of use until such time as the insurance industry can gets its act together or, better, do what a number of other countries do and that is to display a disc on the inside of the windscreen showing a vehicle is insured. There is also a need to simplify insurance laws, otherwise the current situation will continue.