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FightBack Forums _ Speeding and other Criminal Offences _ Driving without insurance
Posted by: Vision1 Sun, 26 Nov 2017 - 13:28
Post #1334773
Hi guys I got caught driving without insurance as I sold my car yesterday and he said to keep it running untill tomorrow so I started my insurance next day at 9:00 but I started driving at 8 40 as I didn't think anything for the 20 minutes but as I got to the end of the street a cyclist went over the give way line as I was on the main road came straight in front my car? I don't know why maybe they wanted a insurance claim so now the police got called I explained the situation and they said at the time of incident you had no insurance as it started at 9 and it happened at 8 40.
Now what they said you have been cautioned you have the right to remain silence .... They said I would be getting 6 points driving without insurance and 3 points. So what does you have been cautioned mean?
I posted this here http://forums.moneysavingexpert.com/showthread.php?t=5750120#topofpage
And they told me to post It here just wondering if there is a chance I would bet let off for the sake of 20 mins
Posted by: peterguk Sun, 26 Nov 2017 - 13:39
Post #1334775
You won't be let off. Either you were insured, or you were not. Bottom line is if you're insurance company are willing to confirm in writing that you were insured, then great. If not, then that's it.
How long have you had your DL?
A caution is simply a warning you may be prosecuted.
Posted by: Jlc Sun, 26 Nov 2017 - 13:39
Post #1334776
You need to confirm with your insurer whether you were covered or not. The onus is on you to show you were.
When I changed my insurance recently I had a similar issue on time and they told me a few minutes either way would not matter.
Posted by: Vision1 Sun, 26 Nov 2017 - 14:05
Post #1334779
Thanks for the replies I am going to contact insurance and see what they can do they did no paperwork and didn't take me back to the station either. They didn't take my car away aswel as my dad who owned it was there.
I have had my license 3 years clean record aswel
Posted by: The Rookie Sun, 26 Nov 2017 - 14:16
Post #1334781
Ignoring the obvious contradiction, be aware that if it's your dad's car then he could be prosecuted for permitting you to drive a car while uninsured, that would be 6 points for him as well.
I hope the insurance company are fully aware of the true nature of the ownership.
Posted by: andy_foster Sun, 26 Nov 2017 - 17:26
Post #1334825
No, that's a warning (or a verbal NIP). A caution in this context is almost certainly a PACE caution - you do not have to say anything, but if you are going to make something up, you better do it now otherwise the court won't believe you, not that they would anyway (or words to that effect). If a suspect is interviewed without being cautioned, other than information that they are legally obliged to provide (e.g. name, address, identity of the driver, etc.), what they say cannot be used as evidence against them (not that the police are likely to need any evidence from the accused beyond their name and address).
Posted by: AntonyMMM Sun, 26 Nov 2017 - 17:43
Post #1334827
You need to explain this much more clearly ..
What car did you sell, and when, and did you have an insurance policy in place for it.
What car were you driving at the time of the incident - who owned it - you or your dad ?
Had you arranged for your existing policy to be transferred to the other car from 0900, or was this a new policy taken out with another company ?
On the MSE post you say that the insurance was valid from 09:08 ....why ?
Ultimately - as advised above, it all comes down to the insurance company confirming that you had cover in place (or not) at the time you were driving.
Posted by: hahadumball Sun, 26 Nov 2017 - 20:55
Post #1334886
the fact you drove it 20 minutes early is a bit silly..
however, in my head id say ask insurers now before a claim is opened if they don't already know.. its far easier for them to say "not insured" once they realize if they say you where through some loophole scheme they will have to pay out ££.. maybe im cynical and think insurers use underhanded tactics to avoid paying (dont get me started on that)
Posted by: glasgow_bhoy Sun, 26 Nov 2017 - 22:21
Post #1334923
Depending on the insurer you might be in luck. Some, such as Direct Line, insure you at 00:01 on the day of insurance, even if you've told them you are not switching vehicles until 09:00 that day. For 24 hours both vehicles are covered (they explained it to me as both are covered but the minute you start driving the 'new' one the old one is uninsured).
Posted by: 666 Sun, 26 Nov 2017 - 23:35
Post #1334934
however, in my head id say ask insurers now before a claim is opened if they don't already know.. its far easier for them to say "not insured" once they realize if they say you where through some loophole scheme they will have to pay out ££.. maybe im cynical and think insurers use underhanded tactics to avoid paying (dont get me started on that)
Starting the policy at the time the OP requested can hardly be described as underhanded.
Posted by: fedup2 Mon, 27 Nov 2017 - 08:20
Post #1334949
Hastings cover me for both vehicles for a week during any swap.The best way forward is to speak to your insurers.
Posted by: AntonyMMM Mon, 27 Nov 2017 - 08:27
Post #1334950
On the MSE thread the OP says that his insurance document shows cover starting at 09:08 ..... a very odd time to show if it had been previously set to run from 09:00.
It rings alarm bells and suggests that maybe a phone call was made to arrange cover after the event ?
The OP needs to come back and confirm exactly what happened and when.
Posted by: Dwaynedouglas Mon, 27 Nov 2017 - 10:50
Post #1334980
OP, the difference in timings would also make your account out to be 28 minutes, rather than 20; do you have exact timings available, as 20 minutes has already nearly become 30?
To add to AntonyMMM's request, I suspect we need the following information. Bullet pointing may help understanding:
1) What car did you sell
2) When did you sell it (date and time)
3) Did you have an insurance policy in place for it.
4) When did you cancel this insurance / change the insurance to your new car
5) What car were you driving at the time of the incident
6) Who owned it at the time of the incident (you or your dad)
7) Who is the car registered to on the V5
8) Had you informed your insurance you were changing car
9) Had you arranged for your existing policy to be transferred to the other car from 09:00
10) If not, was this a new policy taken out with another company
11) Were you planning on insuring this car at 09:00am when the call centre opened (is this why it was insured from 09:08am)
12) If yes to point 11, why did you drive before calling the insurance company
Posted by: peterguk Mon, 27 Nov 2017 - 11:26
Post #1334995
To add to AntonyMMM's request, I suspect we need the following information. Bullet pointing may help understanding:
1) What car did you sell
2) When did you sell it (date and time)
3) Did you have an insurance policy in place for it.
4) When did you cancel this insurance / change the insurance to your new car
5) What car were you driving at the time of the incident
6) Who owned it at the time of the incident (you or your dad)
7) Who is the car registered to on the V5
8) Had you informed your insurance you were changing car
9) Had you arranged for your existing policy to be transferred to the other car from 09:00
10) If not, was this a new policy taken out with another company
11) Were you planning on insuring this car at 09:00am when the call centre opened (is this why it was insured from 09:08am)
12) If yes to point 11, why did you drive before calling the insurance company
Or to make life a lot easier, as already requested, simply ask the insurance company whether you were insured or not, and if 2yes", get it confirmed in writing.
Posted by: Steve_999 Mon, 27 Nov 2017 - 12:23
Post #1335019
In my own experience, if insurance is taken out in advance of the date required, it invariably runs from 00:01 on that day.
The only occasions where there has been another start time on the certificate, it has been because I wanted the insurance to start immediately. It would otherwise be simple to take out insurance retrospectively after an "event" occurred.
Posted by: 666 Mon, 27 Nov 2017 - 13:13
Post #1335040
My experience is different. I've changed cars twice in the last 18 months, with two different insureres.
While LV= automatically started cover on the new car at 0001, and allowed 4 hours overlap, eSure demanded a precise changeover time.
Posted by: innocentdevil Mon, 27 Nov 2017 - 17:15
Post #1335105
depends on insurance. Big insurers do at 00:01 however brokers want exact timings as this is what I had to do when I went to pick up a car I bought. I had to ring them after buying the car and insure it before driving it off.
Posted by: Vision1 Sat, 2 Dec 2017 - 14:27
Post #1336435
Thanks for the reply i am going to get the points either way no point disputing it as i may get a bigger fine or a ban. How long will it take for it come through as i have heard nothing since then? is it 14 days or they can take however long the like?
Posted by: fedup2 Sat, 2 Dec 2017 - 14:29
Post #1336436
what did the insurance company say?
Posted by: peterguk Sat, 2 Dec 2017 - 14:32
Post #1336439
If you were warned you might be prosecutred when you were stopped, then the 14 day period is irrelevant.
CoFPs normally take 2-4 weeks to arrive. The police have 6 months in which to commence proceedings.
Posted by: southpaw82 Sat, 2 Dec 2017 - 15:37
Post #1336450
If you were warned you might be prosecutred when you were stopped, then the 14 day period is irrelevant.
And, further, no warning is required at all for the offence of no insurance.
Posted by: Vision1 Wed, 10 Jan 2018 - 23:23
Post #1346045
I got caught driving without insurance after an accident as I started driving 20 minutes before my insurance.
So I got a call after 1 month saying they need to do paperwork which is going to take 5 minutes and will be coming to my home. Can they still give me a nip after 1 month after this incident?
Thanks
Posted by: southpaw82 Wed, 10 Jan 2018 - 23:27
Post #1346047
No NIP is required for that offence.
Posted by: roythebus Wed, 10 Jan 2018 - 23:40
Post #1346054
And still we are none the wiser to the answer to any of the questions here.
Posted by: southpaw82 Wed, 10 Jan 2018 - 23:57
Post #1346061
I only realised I’d previously answered the question he just asked when I merged his old and new threads, which he’d posted in breach of the forum rules.
Posted by: NewJudge Thu, 11 Jan 2018 - 09:15
Post #1346097
Who are "they"?
Posted by: samthecat Thu, 11 Jan 2018 - 09:23
Post #1346101
Who are "they"?
Presumably the Police who are investigating the incident....
OP - There is one simple question you need to answer (not necessarily to us but to the officers), were you insured at the relevant time. From previous posts you were advised to contact your insurance company and ask, have you done this?
No point trying to find a loophole when there may not be an offence in the first place!
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