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2nd driver caught driving courtesy car with out insurance. Have been told by the company that I am covered to drive it!, No insurance
Mudy1111
post Fri, 24 Jul 2015 - 19:08
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hey every one its my first post on here so please mind the mistakes
I had an accident in my car and I was 2nd driver in the policy it wasn't my fault and the car was a write off therefore I went to a claims management company to handle my claim so they took my car and gave me a courtesy car to keep until I get a check for my car . The car was delivered to my house and I didn't get any paper work with it. I asked am a second driver can I drive this car I am only insured to the car that is crashed so he explained to me that if my car is in his garage the same policy will cover the courtesy car I tried to argue but he insisted on the point that I am covered by my insurance to drive the car I had to go out of the UK for business so I requested a rental document in case I get stopped so he gave me the document knowing I was the person that's going to be driving the car and I went and came back safe thanks be to God but weeks later I got stopped in an operation and I was confident that I am legit until the police officer blasted me with a shock that I am not covered to drive the car and issued me a penalty of 300 pounds fine and six points it's so unfair I wouldn't dare commit a crime like this i know the consequences I wouldn't dare do some thing this stupid if io knew that I wasn't covered I would have at least added it to my policy as a temporary car. Therefore I didn't accept the charges and now I got a cort letter for mid August I am a new driver of only 8 months and I take care of my family my little sister has kidney failure so I have to take her to hospital every now and then so I cannot afford to get my license Revoced
What's the best solution shall I go court ? What shall I say what shall I write ?
Please help me or refer me to some one that can help thank you so so much
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post Fri, 24 Jul 2015 - 19:08
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Jlc
post Fri, 24 Jul 2015 - 19:34
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Has the insurer confirmed or denied you were insured? It's a matter of fact.

Oh, edit your post to add some carriage returns to make it easier to read... (You'll get more responses)


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Fri, 24 Jul 2015 - 19:43
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You talk of "my car" "my insurance" and "my claim" but you say you are the 2nd driver. Can we be clear about this, is the situation that the car actually belongs to someone else and is insured by them, you are a named driver on their policy and have no insurance of your own?


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Mudy1111
post Fri, 24 Jul 2015 - 20:24
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Well the Calaim management company has admitted being guilty and my dad is the first driver but he hardly drives the car sorry "our car" "our insurance" "I am a second driver" sorry about that
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peterguk
post Fri, 24 Jul 2015 - 20:36
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QUOTE (Mudy1111 @ Fri, 24 Jul 2015 - 21:24) *
Well the Calaim management company has admitted being guilty and my dad is the first driver but he hardly drives the car sorry "our car" "our insurance" "I am a second driver" sorry about that


Be careful! Policy holder "hardly drives", named driver therefore "mainly drives". You might want to Google "fronting".


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Jlc
post Fri, 24 Jul 2015 - 20:48
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As long as the '2nd driver' is nominated as the main driver then that's fine.

The management company aren't on trial.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Sat, 25 Jul 2015 - 10:01
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Joined: 28 Mar 2010
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Do you mean the claim management company have accepted liability to supply a courtesy car and admitted that they told you that you were insured to drive it? What you need from them is documentation setting out the insurance position of the courtesy car. No insurance is a strict liability offence and if you were not insured then you are guilty of the offence. There seem to be two possibilities:

1. The insurance of the courtesy car covers all persons insured on the damaged vehicle, in which case you were insured but they failed to note this on the Motor Insurers Database, in which case you will need to get a statement from the insurance company that you were covered.

2. The insurance of the courtesy car covered only your Dad to drive, despite what you were told. In that case you will have to go to court and plead guilty to the offence, but put forward what is called a special reason for your licence not to be endorsed with points, which is that you were told by someone you could reasonably trust that you were insured to drive the car.


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