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Prashant Jaiswal
was wondering if anyone can help!


We went for a late night drive on (28th at 2 a.m.) me and my wife and the police stopped us - it turned out we didn't have insurance on our car. I have been with Privilege since a couple of years; and as far as I was concerned it automatically renews itself. We told the police lady that we have insurance. She said produce the documents within 7 days.



I came home and when I looked at my dd since my renewal in June 2008 ,no dd had gone out since !now I started tracing my steps back and I remember in may , I called the insurance people to negotiate the insurance excess on my new quote. They couldn’t do any better so I asked them to leave things as they were. Obviously didn’t think too much about the same after that. I then on the 27th of May 2008 received a letter from privilege saying that the insurance was discontinued. I called back to challenge the same after 27th may as on 27th my wife had an accident at Costco and has been operated since. anyways when I called after the letter came; challenging the discontinuing of the insurance the insurer told me they thought when I called before that the insurance has been cancelled, I remember saying I will shop around and leave things as they are at the moment am sure i asked them to keep my insurance going and was assured by gentleman in favour of the same.



A lot was happening simultaneously with my wife's health etc so all this is a faint recollection - however i am annoyed for this over sight but one thing I know that there have been miscommunications somewhere twice as i failed to understand what went wrong where, i m a law abiding citizen and i even have a third party insurance on my wife's car as i sometimes take it for fuel top up etc to help my wife . So there is no way i would have been driving without insurance intentionally.



Having said that I do understand it form the point of view of the cops and law, will they believe me? i have already asked privilege to send me the recordings of the conversations . Where do i stand? Please help any guidance at this point is helpful. I am waiting for notice of prosecution or whatever it’s called from the judicial authorities. in the meantime want to prepare myself for the adversities and also to know if i need legal representation and if i do then what is the kind of cost involved.



One more thing i need advice on.... On the 28th Sept ; this Sunday when i called the insurers i asked them to start my insurance immediately however i didn’t think it to be important to mention the incident that morning as i didn’t realise till i had been to the police station later on that day that i might be looking at points on my license. do you think i should let the insurers know that i was stopped for no insurance as so far i have been harping on with them regarding re-instating my insurance and where the miscommunication have happened.



We will appreciate all advice.



Many thanks.



Prashant.

Hotel Oscar 87
Hi PJ

Sadly, the bottom line is that you did not have valid insurance on the day. There is a tale of woe and there would be no reason why, if and when you receive a summons for the offence, that you attend court and explain to the magistrates how you ended up in the situation you found yourself in. Your explanation is not an excuse for the offence but would go some way to mitigating the seriousness of it.

The sentencing guidelines would indicate that you could expect a fine of between 125-175% of your weekly take home (or equivalent) together with 6 penalty points with a discount (on the fine) - possibly of as much as a third - for an early guilty plea.

Hidden in the small print of your insurance will be clause which will state that you should notify them of any other relevant circumstances. Having been stopped and reported for no insurance will undoubtedly be "relevant". I would therefore notify them immediately. Unfortunately, you may find that they cancel the policy.
Prashant Jaiswal
Hi
thanks
i am at work and will call the insurance as soon as i can. thanks i wasnt sure if i needed to inform them till i heard from the police. well reagarding hving no ins. i will have to do what needs to be done i guess. any idea how long this whole process takes?

Thanks for the honest response atleast i know where i stand now.

many thanks n best regards
Catweazle
If Privilege agree that they made a mistake, they can backdate your cover to the date of renewal in which case the prosecution would likely be dropped. If on the other hand their record of the conversation supports the termination of the policy you're on your own. The fact that you rectified the situation so promptly ought to count in your favour. (BTW Did you renew with Privilege or another insurer?)
Prashant Jaiswal
we renewed with priviledge the same day as soon as we found out . i just talked to priviledge , they say that its ok we can carry on with the insurance we started just after the incident. they said that we need to disclose the outcome of this problem next year when we renew. i think i did ask them if they could back date the insurance when i was renewing , they had it was illegal they could not.
thats when we asked them to send the recordings of the converstions. the incling i got from this guy i talked to today was very much that its been a mis communication and they said that they would give the recordings to the police when they contact them, and they can decide.

Catweazle
If you're sure that you said you wanted the policy to continue, and they confirmed that it would, you might be better off spending your money on getting a solicitor to badger Privilege for you rather than trying to get off the no insurance charge.
I have a friend who had let his insurance lapse (only for a week though) and then wrote off his car and a transit in an accident. A determined solicitor got his cover back dated and all the costs of the claim settled.
Prashant Jaiswal
do you have this solicitor's details?
thanks appreciate this .
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