Driving with no insurance issue

[maxascent]

I was driving my father's car a couple of weeks ago and was stopped by the police. They informed me that there was no insurance on the car and impounded it. I have my own car and have fully comp insurance. My father had a stroke and was unable to drive the car. The insurance lapsed and was not renewed. I incorrectly thought that I could drive with my insurance with third party cover. I have received a letter saying that I can either get 6 points and £300, or go to court. Would there be any chance that the court would accept my view that it was an Innocent mistake? I dont really want 6 points for something that was just an error of judgement.

[des8]

Unfortunately for you driving whilst uninsured is an absolute offence and innocent mistakes are of no use.

If you try yhat on and go to court you are almost bound to receive a higher penalty (upto unlimited fine and disqualified!)

Take the points and fine

[maxascent]

Thanks for your input. Can I ask do you work in the legal profession and therefore have experience with these things, or is it just an opinion? I have seen examples on legal websites were people have had the penalty removed due to certain circumstances.

[des8]

I did work in the insurance industry for many years, and have come across this sort of situation many times.

Sec143 of theRoad Traffic Act 1988 sets out possible defences:
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 F6... as is mentioned in subsection (1) above.


To drive another's car with insurance provided by your own third party section you must
1) have "driving other cars" extention to your policy (rarely available now a days)
2) the other car must have insurance already

I would not risk court, but it's your choice

[HandyAndy]

As above, there is no point in taking the matte to court. The best you could hope for there is that the court finds "Special Reasons" not to endorse your licence and add points. The chances of that is as near to zero as makes no odds. A driver must be absolutely certain that cover is in place. Unfortunately there is no forgiveness for mistakes.

So long as you are sure you had no cover under your own policy the fixed penalty is the best offer you will get. Just a quick point: condition (2) mentioned above by Des8 is not a given. Some insurers make that stipulation when providing cover for driving other vehicles. Some don't (though the number requiring it is increasing). You should also be aware that your father is committing an offence under the "Continuous Insurance" legislation (s144A, RTA). All vehicles must either be insured or declared off road by way of a SORN. He obviously doesn't need to that worry at the moment.