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Speeding
Westernrock
post Thu, 5 Jul 2018 - 10:34
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Hello Everyone

My sister in law used my car while she was on a brief visit to UK. She was in UK from 10-05-2018 till 01-06-2018. She borrowed my car on several occasions during her last stay. Also she has borrowed on previous visits too. On 26-05-2018 I received a speed limit contravention notice from the police.
Offence: Exceed 50 mph speed limit in contravention of a Local Traffic Order - automatic camera divice (Speed 59 mph).
My sister in law was using the car on this day and I forwarded her detail to the police.

On 30-06-2018 referring to the above penalty notice requesting me to supply details of the insurance policy, in respect of third party risks, which was in force at the time of the offence and covered the use of your vehicle registration mark by the person you nominated as the driver at the time of the offence.

I didn't ask her for her insurance and I am sure she did not have a separate insurance cover for my car.

Please be kind to advice.
Many thanks
Westernrock

This post has been edited by Westernrock: Thu, 5 Jul 2018 - 10:36
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post Thu, 5 Jul 2018 - 10:34
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peterguk
post Thu, 5 Jul 2018 - 10:36
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QUOTE (Westernrock @ Thu, 5 Jul 2018 - 11:34) *
I didn't ask her for her insurance and I am sure she did not have a separate insurance cover for my car.


The police often ask for insurance details where a suspected speder is from overseas.

If you made no enquiries of her re. insurance then you may face a charge of permitting her to drive uninsured. Same penalty as driving uninsured.

What made you assume she would be covered if she lives overseas? It is vanishingly unlikely she will have a policy issued overseas that covers her in the UK.

This post has been edited by peterguk: Thu, 5 Jul 2018 - 11:22


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NewJudge
post Thu, 5 Jul 2018 - 11:21
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Yes the police are unlikely to pursue her (certainly not at this stage, anyway).

You need to contact her urgently to establish if she has a policy of her own which permits driving other cars (though even if she has, I'm not at all sure that the cover would extend to her driving abroad). If she hasn't and your policy does not cover her (which is unlikely) it looks as though you may be facing six points.

This post has been edited by NewJudge: Thu, 5 Jul 2018 - 11:22
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The Rookie
post Thu, 5 Jul 2018 - 11:24
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Plus a big fine and hefty increases in insurance premiums for the next 5 years.

Better than getting caught naming the wrong driver, that's usually worth 9-12 months trying to only shower when bubba isn't in there.


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Logician
post Thu, 5 Jul 2018 - 12:00
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In many other countries insurance seems to be much less rigid than here, but in the UK to be properly insured the driver needs to be insured through a UK company, in practice. Therefore your sister-in-law is very unlikely to be covered by her insurance, so unless your insurance covers any driver, which is unlikely, she drove the car uninsured. The corollary is that you permitted her to drive uninsured, which carries the same penalties as driving uninsured yourself. So if you are offered a fixed penalty it will be for 6 points and £300, if it goes to court 6 points are likely (but could be up to 8) and the fine will be income related (100% on one week's net income if you plead guilty, plus 10% surcharge (min £30) plus costs of £85 if you plead guilty.


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big_mac
post Thu, 5 Jul 2018 - 12:48
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QUOTE (peterguk @ Thu, 5 Jul 2018 - 11:36) *
It is vanishingly unlikely she will have a policy issued overseas that covers her in the UK.


If the overseas country was Ireland, there is a much better chance. But I suspect that it would have been mentioned.
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Churchmouse
post Sat, 7 Jul 2018 - 01:16
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QUOTE (big_mac @ Thu, 5 Jul 2018 - 13:48) *
QUOTE (peterguk @ Thu, 5 Jul 2018 - 11:36) *
It is vanishingly unlikely she will have a policy issued overseas that covers her in the UK.


If the overseas country was Ireland, there is a much better chance. But I suspect that it would have been mentioned.

A foreign insurer in this kind of situation would have to be a member of the MIB (the UK MIB, that is) in order for the foreign driver's own policy to meet the statutory requirements of UK law. Is there some special arrangement between the UK and Ireland that avoids this?

--Churchmouse
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