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Driving without insurance
kmcly1234
post Sat, 3 Feb 2018 - 11:33
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So bit of background- I got stopped by the police for driving without insurance in October 2017.

I know it sounds a cliche but genuinely didn’t realise the car wasn’t covered. I thought my insurance company had changed the details over to my new car earlier in the year and I had actually been paying a direct debit to the insurance company all year but turns out i was still paying for my old car even though I sold it at the beginning of the year.

They said I would get a fixed penalty notice for a fine and 6 points through the post and they impounded the car and I then sorted out new insurance and paid to get the car back.
I then didn’t receive anything though the post so stupidly forgot about it all.

Today I’ve now received a single justice procedure notice asking me to plead guilty or not guilty within 21 days.

I’m planning to plead guilty under the SJP which means the magistrate will make a decision without a formal court hearing and I’ll be sent details of any sentence and fine and told if the magistrate decides I need to go to court.
I was planning to write in the mitigation section of the form that I thought I had changed the insurance over and that I can prove I had been paying the insurance company all year and why would I carry on paying if I was trying to get away with not insuring my car.

Do you think it’s worth sending them copies of my bank statements showing the transaction to my insurance company when I send the letter back?

Also does anyone have any idea what the sentencing would be? I’m paranoid I’m going to lose my licence. I don’t have any points on it at the moment and I’ve had it for nearly 16 years.
Thanks in advance
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post Sat, 3 Feb 2018 - 11:33
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Churchmouse
post Sun, 4 Feb 2018 - 12:52
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QUOTE (jewels2009 @ Sun, 4 Feb 2018 - 10:28) *
Also would certainly be interested to know what transpired with the premiums which had been paid? How have they been alloted by the Insurance Company. How the errors or mistake concerning which vehicle was insured notwithstanding, the Insurance contract (and there must have been one in force as otherwise the premium cannot be allocated ) between the parties is also subject to "utmost good faith".

I thought UGF had been dropped, at least on the part of the proposer?

--Churchmouse
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notmeatloaf
post Sun, 4 Feb 2018 - 13:04
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QUOTE (Churchmouse @ Sun, 4 Feb 2018 - 12:52) *
QUOTE (jewels2009 @ Sun, 4 Feb 2018 - 10:28) *
Also would certainly be interested to know what transpired with the premiums which had been paid? How have they been alloted by the Insurance Company. How the errors or mistake concerning which vehicle was insured notwithstanding, the Insurance contract (and there must have been one in force as otherwise the premium cannot be allocated ) between the parties is also subject to "utmost good faith".

I thought UGF had been dropped, at least on the part of the proposer?

--Churchmouse

Can common law be dropped? The Insurance Act 2015 has only in effect codified the principles. You still need to disclose everything you know or ought to know.

This post has been edited by notmeatloaf: Sun, 4 Feb 2018 - 13:07
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Logician
post Sun, 4 Feb 2018 - 13:18
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QUOTE (notmeatloaf @ Sun, 4 Feb 2018 - 13:04) *
QUOTE (Churchmouse @ Sun, 4 Feb 2018 - 12:52) *
QUOTE (jewels2009 @ Sun, 4 Feb 2018 - 10:28) *
Also would certainly be interested to know what transpired with the premiums which had been paid? How have they been alloted by the Insurance Company. How the errors or mistake concerning which vehicle was insured notwithstanding, the Insurance contract (and there must have been one in force as otherwise the premium cannot be allocated ) between the parties is also subject to "utmost good faith".
I thought UGF had been dropped, at least on the part of the proposer? --Churchmouse
Can common law be dropped? The Insurance Act 2015 has only in effect codified the principles. You still need to disclose everything you know or ought to know.


Insurance is governed by statute law, not common law, and certainly common law can be over-ridden by statute. The Consumer Insurance Act 2012 applies to motor insurance taken out for personal use. Utmost good faith no longer applies and insurance companies need to ask about information they want. LINK TO SUMMARY

This post has been edited by Logician: Sun, 4 Feb 2018 - 13:23


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Churchmouse
post Tue, 6 Feb 2018 - 19:08
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QUOTE (Logician @ Sun, 4 Feb 2018 - 13:18) *
QUOTE (notmeatloaf @ Sun, 4 Feb 2018 - 13:04) *
QUOTE (Churchmouse @ Sun, 4 Feb 2018 - 12:52) *
QUOTE (jewels2009 @ Sun, 4 Feb 2018 - 10:28) *
Also would certainly be interested to know what transpired with the premiums which had been paid? How have they been alloted by the Insurance Company. How the errors or mistake concerning which vehicle was insured notwithstanding, the Insurance contract (and there must have been one in force as otherwise the premium cannot be allocated ) between the parties is also subject to "utmost good faith".
I thought UGF had been dropped, at least on the part of the proposer? --Churchmouse
Can common law be dropped? The Insurance Act 2015 has only in effect codified the principles. You still need to disclose everything you know or ought to know.


Insurance is governed by statute law, not common law, and certainly common law can be over-ridden by statute. The Consumer Insurance Act 2012 applies to motor insurance taken out for personal use. Utmost good faith no longer applies and insurance companies need to ask about information they want. LINK TO SUMMARY

That's the one. "Dropped" was the wrong way to characterise what had happened, but in any case, since ~2012 consumers are no longer required to disclose any information to the insurer--unless specifically asked.

--Churchmouse
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jewels2009
post Tue, 6 Feb 2018 - 19:53
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So the Consumer Act 2012 has replaced the Principles of UGF as far as the Insured is concerned and may be the Insurer as well.Thank you.

Where I was going is the Insurance Company have AFAIK still retained the premium, and an error of VRN on what car is ( assuming its not a Lamboughinio ) insured shouldn't I beleive qualify as a reason to cancel a policy outright, so was against the Insurer, I was applying the good faith position. At the least would consider they may agree that in event of an accident they would have been prepared to accept that 3rd Party liability would have applied, so as to cover OP.

Without more input on the vehicle exhange, conversation saga with Insurer will never know.

This post has been edited by jewels2009: Tue, 6 Feb 2018 - 20:07
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Churchmouse
post Thu, 8 Feb 2018 - 21:32
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QUOTE (jewels2009 @ Tue, 6 Feb 2018 - 19:53) *
So the Consumer Act 2012 has replaced the Principles of UGF as far as the Insured is concerned and may be the Insurer as well.Thank you.

Where I was going is the Insurance Company have AFAIK still retained the premium, and an error of VRN on what car is ( assuming its not a Lamboughinio ) insured shouldn't I beleive qualify as a reason to cancel a policy outright, so was against the Insurer, I was applying the good faith position. At the least would consider they may agree that in event of an accident they would have been prepared to accept that 3rd Party liability would have applied, so as to cover OP.

Without more input on the vehicle exhange, conversation saga with Insurer will never know.

Regardless of the fate of UGF, consumer insurance is still a regulated industry in the UK, so the customer generally has recourse to the Financial Ombudsman service, which can effectively force the insurance company to pay money back and maybe even do other things (like write a letter stating that the person was insured at a particular time). This presupposes that the insurance company made the error, rather than the customer, however, and that is yet to be determined.

--Churchmouse
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