I have fully comprehensive motor insurance, been driving for over two years and have never received any points. I borrowed my mum's car yedterday evening with her permission on the understanding, like everyone else I have spoken to, that I was covered under my insurance but just 3rd party. Police were doing spot checks for drink drivers who h I passed when stopped but was then told I was not insured to drive another car even with permission of the owner on my insurance. They said the law had changed and 3rd party on another car on fully comprehensive cover was no longer automatic but had been made common knowledge. I have been told I will get 6 points and a fine as it's classed as driving without insurance. This was not a deliberate act, as far as I was aware I was covered. Will I be able to appeal this as I may lose my job as a result?
Car insurance
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You need to check your ins policy .
Over the past few years, insurers have been quietly modifying or removing these clauses after they were increasingly abused by motorists looking to dodge rising premiums.
That means that you can't assume that you can just drive someone else's car,
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You have discovered the hard way that one needs to read a policy and not just assume.
Driving without insurance is an absolute offence, and you cannot appeal it.
However if it goes to court you may be able to argue that you had ‘special reason’ for driving without insurance and so mitigate the sentence handed down.
You will most likely receive a fixed penalty notice for £300 and six points.
If it goes to court the penalty is an unlimited fine and a ban, so you are better off accepting the FPN if given one.
If you should challenge the FPN I doubt you can plead acceptable mitigating circumstances, as not understanding your policy will not stand scrutiny.
There are four aspects to a plea of special reasons:
1. there must be extraordinary extenuating circumstances eg medical emergency
2.it cannot be a legal defence
3.circumstances must be directly connected to the offence
4.it must be a circumstance in which it would be wrong for the court not to take into consideration when considering sentencing.
As a matter of interest did the police also impound the car?
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If this is the case of change of Policy content then it is the Insurers job to notify of MAIN Changes, to original Policy and highlight them! per se, not a persons dribble to read all the if/buts/maybe in small print every renewal = what a state businesses are in in this country, and policies to cut cost yet charge more/>
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Were you allowed to drive away?
Have you had your license for 2 years plus, or less than 2 years days/date are important, my daughter had her license revoked after 1 year & 49 weeks after a traffic infringement.
As already said the 3rd party entitlement is policy specific, very rare on an under 25, but may even be higher than that, my son in law took out insurance for both himself & my daughter both in their 30's & it didn't include it. I now always ask before committing to a policySorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.
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