Think I Could Be Driving Illegally, Help! |
Think I Could Be Driving Illegally, Help! |
Sun, 25 Aug 2013 - 13:34
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#1
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Member Group: Members Posts: 20 Joined: 13 Oct 2011 Member No.: 50,370 |
Hi,
I bought a car from a Dealership 2 weeks ago and have had nothing but problems with it. I found out 2 days ago that my Turbo had blown up and the garage wanted to keep the car until a new Turbo was purchased and fitted (all by them free of charge). They've given me a 'Loan Car' to use as with it being the Bank Holiday weekend they don't think they can get the Turbo until the back end of next week Anyway I asked them about the insurance for said 'Loan Car' to which they replied with "As long as your insured, that's all that matters. If your pulled by the police for No Insurance inform them of the situation, and the fact your Fully Comp on your own car". I thought this was fine until I came home and ran the 'Loan Car' number plate through Askmid and found that it's not on the Motor Insurance Database. Can someone tell me, am I technically driving with No Insurance here? I am covered to drive other cars but obviously they have to have they're own insurance policy in place. I've tried ringing my Insurance company but they're closed today and I've got a feeling they might be tomorrow too. Help! Thanks in advance. Tompka |
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Sun, 25 Aug 2013 - 13:34
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Sun, 25 Aug 2013 - 14:23
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#2
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
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Sun, 25 Aug 2013 - 14:34
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#3
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
None of my companys fleet cars show on askmid, they are all insured and none as far as I know have ever been stopped.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 25 Aug 2013 - 14:46
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#4
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Member Group: Members Posts: 20 Joined: 13 Oct 2011 Member No.: 50,370 |
I am covered to drive other cars.. Have you actually checked this or is that an assumption? Fewer and fewer polices are allowing this. When I first got quoted on my own car I asked insurance company. Still have no insurance documentation and wanted to check this before driving another vehicle. I drove past a police BMW traffic car before and he didnt bat an eyelid which is making me think it is insured on some sort of Trade policy. |
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Sun, 25 Aug 2013 - 15:37
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#5
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Member Group: Members Posts: 9,529 Joined: 5 May 2011 From: UK Member No.: 46,399 |
I drove past a police BMW traffic car before and he didnt bat an eyelid which is making me think it is insured on some sort of Trade policy. Only relevant if it had ANPR fitted. My view is not to take a risk. If your policy doesn't say in black and white you can drive it don't. |
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Sun, 25 Aug 2013 - 15:53
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#6
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Member Group: Members Posts: 3,226 Joined: 3 Sep 2007 Member No.: 13,453 |
Still have no insurance documentation and wanted to check this before driving another vehicle. Why not? It's either sent pretty much immediately or available on line? If you took it out 2 weeks or more ago (i.e when you got the car) aren't you a little concerned? Has the money gone from your account - might be worth checking that today......... -------------------- www.BMWEnthusiasts.co.uk
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Sun, 25 Aug 2013 - 16:37
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#7
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
If you haven't had the documents by post or electronically then you're not insured under that policy regardless.
This post has been edited by southpaw82: Sun, 25 Aug 2013 - 16:38 -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 25 Aug 2013 - 17:02
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#8
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Agreed, unless you have RECEIVED documents* then legally you are not insured as required by the Road Traffic Act, whether your insurer would pay out or not!
*Certificate or cover note -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 25 Aug 2013 - 17:19
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#9
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Member Group: Members Posts: 3,343 Joined: 27 Feb 2007 Member No.: 10,873 |
What sort of dealership is this?
Who at the dealer ship said what they did? If its a reputable dealer they will have a blanket policy for their vehicles,im pretty sure they wouldnt leave themselfs open to you or anyone else not having insurance.After all you could cancel it,or it be cancelled at any time. Mountain out of a mole hill i recon and you were wrongly informed.Of course the dealership could be a wonky one but it depends on what your calling a dealership. ............. Doesnt mainstream insurance not cover HIRE..... whats the vehicle they loaned you worth? This post has been edited by fedup2: Sun, 25 Aug 2013 - 17:20 |
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Sun, 25 Aug 2013 - 17:50
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#10
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Member Group: Members Posts: 7,235 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
If you haven't had the documents by post or electronically then you're not insured under that policy regardless. Agreed, unless you have RECEIVED documents* then legally you are not insured as required by the Road Traffic Act, whether your insurer would pay out or not! *Certificate or cover note interesting comments as my insurer specifically confirmed i was on cover from the moment of the phone call. |
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Sun, 25 Aug 2013 - 17:57
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#11
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
If you haven't had the documents by post or electronically then you're not insured under that policy regardless. Agreed, unless you have RECEIVED documents* then legally you are not insured as required by the Road Traffic Act, whether your insurer would pay out or not! *Certificate or cover note interesting comments as my insurer specifically confirmed i was on cover from the moment of the phone call. They're not comments, your insurer was wrong from the perspective of the Road Traffic Act 1988. See s. 147(1) QUOTE (1)A policy of insurance shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the insurer to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a “certificate of insurance”) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed. Whilst you might be able to maintain a civil claim against the insurer you'd not be covered for RTA purposes, such as driving without insurance. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 25 Aug 2013 - 18:08
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#12
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Member Group: Members Posts: 7,235 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
If you haven't had the documents by post or electronically then you're not insured under that policy regardless. Agreed, unless you have RECEIVED documents* then legally you are not insured as required by the Road Traffic Act, whether your insurer would pay out or not! *Certificate or cover note interesting comments as my insurer specifically confirmed i was on cover from the moment of the phone call. They're not comments, your insurer was wrong from the perspective of the Road Traffic Act 1988. See s. 147(1) QUOTE (1)A policy of insurance shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the insurer to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a “certificate of insurance”) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed. Whilst you might be able to maintain a civil claim against the insurer you'd not be covered for RTA purposes, such as driving without insurance. <a href="http://" target="_blank"></a> very interesting! so would this apply to a change of vehicle on an existing policy as well? it also states "certificate of insurence" but does not mention a cover note. |
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Sun, 25 Aug 2013 - 18:15
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#13
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Member Group: Members Posts: 325 Joined: 22 Jan 2004 Member No.: 796 |
Physical possession of certificate isn't necessary - email or availability on website is deemed sufficient.
This post has been edited by mb1rgw: Sun, 25 Aug 2013 - 18:26 |
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Sun, 25 Aug 2013 - 18:44
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#14
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Physical possession of certificate isn't necessary - email or availability on website is deemed sufficient. Possession via a hard copy or electronic copy is necessary. For electronic copies see The Motor Vehicles (Electronic Communication of Certificates of Insurance) Order 2010. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 25 Aug 2013 - 18:46
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#15
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Physical possession of certificate isn't necessary - email or availability on website is deemed sufficient. Because in both examples you've given they can be printed and physical possession can take place. -------------------- |
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Sun, 25 Aug 2013 - 19:07
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#16
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Member Group: Members Posts: 547 Joined: 17 Apr 2004 From: Somerset, near where they make choppers Member No.: 1,108 |
If you haven't had the documents by post or electronically then you're not insured under that policy regardless. Agreed, unless you have RECEIVED documents* then legally you are not insured as required by the Road Traffic Act, whether your insurer would pay out or not! *Certificate or cover note interesting comments as my insurer specifically confirmed i was on cover from the moment of the phone call. Just taken up a new policy with a new insurer and they confirmed over the phone that I would be covered from the day I specified and that the documents would be with me shortly after that date. Most companies never actually send you the documents now but what if you dont have a way of printing them? Could you just pull your phone/tablet/laptop out and show them an electronic version instead? -------------------- The Police ARE The Law, Not ABOVE It...
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Sun, 25 Aug 2013 - 19:16
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#17
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
You could but the issue of how you prove you're insured is separate to actually being insured.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 25 Aug 2013 - 19:47
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#18
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Member Group: Members Posts: 547 Joined: 17 Apr 2004 From: Somerset, near where they make choppers Member No.: 1,108 |
Thats what a 'producer' was designed to do. Askmid is the modern day answer so long as your insurer has updated it in good time.
-------------------- The Police ARE The Law, Not ABOVE It...
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Sun, 25 Aug 2013 - 20:31
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#19
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
While it would be unusual for someone to be prosecuted for driving while uninsured under the circumstances, the law says that they can be, askmid/MIB are not relevant to whether you are legally insured or not.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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