Driving Without Insurance - Wasn't Aware?

[vento]

Hi,

 

Was stopped a few weeks ago by the Police as my car pinged up on their computer showing "no insurance".

 

I however was not aware at all, I had a fully comprehensive policy which was taken out and was still active and running as far as i knew so I explained but didn't have the documents in the car, they were at home so the car was seized until I produced the insurance documents, etc.

 

Got home, called insurance company turns out they cancelled for some odd reason without even telling me so I didn't receive any communication from them whatsoever.

 

Now I believe I am going to be summoned in Court, I have evidence (insurance policy) which shows the policy was active but was cancelled without my knowledge.

 

What will happen next and what am I looking at?

 

Thanks.

[i hate bailiffs]

quiet often if you pay for insurance monthly and you miss a payment they cancel policy could this be the case?

 

will depend on the court case i expect it will be a fine and points

[vento]

I honestly thought the Insurance was active and it should've been.

 

I found out later that they had cancelled because they did not receive NCB PROOF (NO CLAIMS BONUS) which I submitted online and by post straight away. So this wasn't my fault, but a mis-management/disorganised insurance company.

 

I am a new driver (18), I CANNOT afford to get a fine and/or points, also wouldn't points mean a driving ban as I'm new?

[i hate bailiffs]

did you have proof of posting for NCB will be best to contact insurance it may be there mistake

 

any ban ect would be the outcome of court in the mean time you need to contact insurance company check if they have made a mistake

 

others that have experience in this field will be along after there beauty sleep i am sure!

 

Hard i know by worrying will only make you feel worse so try not to

[vento]

Yes I have an email document as proof that I did send of the proof of NCB to the insurance company. If they didn't file it correctly or show it as received on my policy, then it's their fault at their end and cancelling my policy without notifying me is just completely unprofessional and dangerous as I wasn't even aware it had been cancelled.

 

Any suggestions/help? I'm extremely worried.

[crem]

I am a new driver (18), I CANNOT afford to get a fine and/or points, also wouldn't points mean a driving ban as I'm new?

 

If they uphold the offence then you will receive a fine (value up to the court) and at least 6 points on your licence. As you are a new driver, you are subject to the "new drivers act" which means your licence will be revoked (different to a ban) and you will have to apply for a provisional licence and take your theory and practical tests again.

[vento]

bump

[Aretnap]

No insurance is a strict liability offence and the responsibility placed on drivers to ensure that they are correctly insured is high so you have little option but to plead guilty. On conviction the court has no option but to impose a minimum of 6 points or alternatively ban you outright UNLESS it finds special reasons not to do so. Special reasons are a high hurdle but if you had every reason to believe that you were insured and no reason whatsoever to suspect that you weren't, that is not a bad start. You may need an answer to the question of why you didn't contact the insurance company when they didn't confirm that your proof of no claims had been received. Another possibility is that the court may be open to. imposing a short ban instead of points, which may be preferable as it would not mean having to retake your test. In fact I know of one case very similar to yours where the magistrates imposed a one day ban and a conditional discharge, so your position is not entirely hopeless.

[green_and_mean]

Whilst I agree 'no insurance' is an absolute offence an insurance company cannot just deny cover if there is a binding agreement in place. If that were the case insurance companies could accept payment and then just decide not to pay out if you had an accident or claim. If you can prove that you did not breach the terms and conditions then they are contractually oblidged to honour the policy.

[Surfer01]

Surely if the insurance company cancelled the policy, they should have refunded you in full? No notification of cancellation and no refund would be a very strong reason to believe that your insurance was in place plus having proof that you sent off the NCB form. You may be able to avoid any points etc if you have a good solicitor.

[equality 2521]

This insurance lark is getting to be a joke.

 

Nothing but scams, tricks, and stitch ups, by all concerned (companies, cops, courts)

 

How about a new system for insurance.... First party insurance (non mandatory)

 

We have a national health system, so it is not like if someone is injured there will be nobody to pay.

 

Why should I have to pay for some rich dude to ride around in a brand new Range Rover. If he is worried about it, he should insure it.

[afcwben]

I once sent my NCB in but the insurance company did not recieve it, instead of cancelling my iinsurance they raised it on the basis of no NCB being provided I discovered this about 4 months later. I contacted them and re-submitted the proof of NCB and they refunded back the difference

[kregrs]

A few years ago I had an accident, in the days of bring given 7 days to produce documents. The accident was on a Friday night, on the Saturday I received a letter in the post informing me that my policy had been cancelled (can't remember why) on the Thursday. So I ended up in court, charged with driving without insurance, produced the letter in my defence, saying I was unaware until the day after the accident that I was uninsured, the outcome being that even though I was guilty of the offence, I hadn't done so knowingly, and the magistrate refused to impose any points, ban or fine, and discharged the matter.

 

To the OP, I have had, in the past, 2 convivtions for no insurance, one resulting in 8 points, the other in a 12 month ban, and believe me, insurance companies absolutely, without a doubt, hate the IN10 code that goes with the offence, and tend to treat those with it on a par with DD codes etc, and its only in the past 3 years that my insurance premiums have been a reasonable amount, all because of the IN10 codes.

[sailor sam]

If the OP is a new driver, how can he have 'earned' any NCB anyway?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Feebee_71]

If the OP is a new driver, how can he have 'earned' any NCB anyway?

 

Aren't 'new' drivers those with less than 2 years driving experience? If so, it is possible the OP had one year's NCB from their first insurer and then moved to a new company.

 

Feebee_71

[tiredTraveller]

I've had a full licence for 10 months and I also have 3 years no claims bonus.

 

You can still insure yourself as a main driver on a provisional licence, fail the driving test a few times, end up waiting 3-6 months between attempts and drive around in the meantime with a qualified driver who is also named on the policy.

[sailor sam]

You can accumulate 3 years no claims bonus at 18? Well that's a new one on me! Can you tell us the name of the insurance Co please?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[tiredTraveller]

ahh - sorry about that. I missed the part about being 18 and was concentrating more on the new driver element.

 

You can really tell it's a monday morning...

[crem]

and drive around in the meantime with a qualified driver who is also named on the policy.

 

The supervising driver doesn't actually have to be a named driver on the policy unless they intend to actually drive the car. The provisional licence holder can insure the car for themselves to drive, then have several different people supervise them provided they only supervise and don't drive the car.

[tiredTraveller]

I knew that was the case legally speaking, but practically speaking if you get stuck in a situation you can't get yourself out of the common sense thing would be for the other driver to take control of the car for a bit, which wouldn't have been possible without them being insured on the car.

 

So although it's not legally required it does make sense