PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Insurance Query
frankanne
post Tue, 26 Jun 2007 - 18:15
Post #1


New Member


Group: Members
Posts: 3
Joined: 26 Jun 2007
Member No.: 12,592



I know this is not speeding related, but thought someone here might have some idea. The long and short of it is, my sister lent her car to her nephew to drive who consequently wasnt insured to drive it. Any idea what the possible outcomes will be?
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Tue, 26 Jun 2007 - 18:15
Post #


Advertise here!









Go to the top of the page
 
Quote Post
nimh999
post Tue, 26 Jun 2007 - 18:27
Post #2


Member


Group: Members
Posts: 1,235
Joined: 19 Sep 2006
Member No.: 7,753



QUOTE (frankanne @ Tue, 26 Jun 2007 - 19:15) *
I know this is not speeding related, but thought someone here might have some idea. The long and short of it is, my sister lent her car to her nephew to drive who consequently wasnt insured to drive it. Any idea what the possible outcomes will be?


And what happened next.

Did he:

Have an accident?

Get caught speeding?

Get pulled over by a Police Officer?

Really need more info before anyone can give any sort of advice.

Ideally the best advice is not to lend your car to someone who isn't insured.

Did she know he would not be insured?
Go to the top of the page
 
+Quote Post
frankanne
post Tue, 26 Jun 2007 - 21:19
Post #3


New Member


Group: Members
Posts: 3
Joined: 26 Jun 2007
Member No.: 12,592



He didnt have an accident or get pulled over, but the police got involved, because he was supposed to be gone for an hour, and didnt turn up till next dinner time, so to be fair she pooping herself. As to regards did she know he wasnt insured, i'm sure she could say she thought he was, but surely the resposibility would have been on her to check?
Go to the top of the page
 
+Quote Post
nemo
post Tue, 26 Jun 2007 - 21:28
Post #4


Member


Group: Members
Posts: 7,686
Joined: 21 Dec 2004
From: -------------
Member No.: 2,073



Driving without insurance is a strict liability offence. That is, the prosecution do not need to prove that there was intent on the part of the defendant to drive whilst uninsured, merely that an occasion of driving whilst uninsured took place.

The offence of causing or permitting somebody to drive whilst uninsured carries penalties (upon conviction) which are comparable to the uninsured driving act itself.

The information provided thus far is sketchy, to say the least. As such, its a bit difficult to know what to advise..
Go to the top of the page
 
+Quote Post
jeffreyarcher
post Tue, 26 Jun 2007 - 22:25
Post #5


Member


Group: Members
Posts: 8,639
Joined: 5 Jul 2003
Member No.: 134



It would seem from the sketchy details that sis is in the frame for permitting, and nephew for no insurance.
I believe that both are, or about to become fixed penalty offence. If they are, ISTR that it is six points; I can't remember the cash.
Go to the top of the page
 
+Quote Post
audiquattro
post Tue, 26 Jun 2007 - 22:26
Post #6


Member


Group: Members
Posts: 870
Joined: 24 Sep 2005
From: wirral
Member No.: 3,855



QUOTE (frankanne @ Tue, 26 Jun 2007 - 22:19) *
He didnt have an accident or get pulled over, but the police got involved, because he was supposed to be gone for an hour, and didnt turn up till next dinner time, so to be fair she pooping herself. As to regards did she know he wasnt insured, i'm sure she could say she thought he was, but surely the resposibility would have been on her to check?



If you want help please post all details, not sketcy ones


--------------------
IPB Image
Go to the top of the page
 
+Quote Post
Teufel
post Tue, 26 Jun 2007 - 22:29
Post #7


Member


Group: Members
Posts: 6,783
Joined: 6 Jul 2006
Member No.: 6,518



yr nephew is stuffed

you may be done for permitting

yuo will need a good solicitor and u may get off - search here for details but

a recent case has ameliorated the strict liability by saying that
permitting is subject to imlied insurance oitherwise it is not permitting

there is a dnager that yr nephew is then TWOCing
Go to the top of the page
 
+Quote Post
audiquattro
post Tue, 26 Jun 2007 - 22:51
Post #8


Member


Group: Members
Posts: 870
Joined: 24 Sep 2005
From: wirral
Member No.: 3,855



QUOTE (jeffreyarcher @ Tue, 26 Jun 2007 - 23:25) *
It would seem from the sketchy details that sis is in the frame for permitting, and nephew for no insurance.
I believe that both are, or about to become fixed penalty offence. If they are, ISTR that it is six points; I can't remember the cash.

No insurance is an instant ban of 6 mths without the fine


--------------------
IPB Image
Go to the top of the page
 
+Quote Post
nemo
post Wed, 27 Jun 2007 - 07:32
Post #9


Member


Group: Members
Posts: 7,686
Joined: 21 Dec 2004
From: -------------
Member No.: 2,073



QUOTE (audiquattro @ Tue, 26 Jun 2007 - 23:51) *
No insurance is an instant ban of 6 mths without the fine

Hmm. That's not as I understand it..

The current Magistrates Sentencing Guidelines indicate 6-8 points or may disqualify. Its true that the Mags are encouraged to consider a period of disqualification, the suggested starting point being 2 months. However, this decision is required to be taken with consideration to any aggravating factors (deliberate act, no history of any insurance being held, etc) as well as any mitigating factors (accidental oversight, genuine mistake, responsibility for providing insurance resting with any person etc).

IMO, and without knowing the full details, it is not cut and dried that the nephew would be disqualified upon conviction.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Saturday, 11th July 2020 - 06:54
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.