My Son pulled for No Insurance

[reflex50]

My Son was pulled by the Police on 7/01/13 for driving with no insurance.

 

He was unaware of the fact because we pay the premiums, or unfortunately not in this case, as the payment was bounced by our bank for insufficient funds and the insurer cancelled the policy.

 

Is there any mitigation or precedent that can be used in his defence?

 

Advice / comments will be very usefull at this stage.

[ims21]

I've moved your thread to the Motoring forum where the guys will be happy to help as soon as they are available.

[dx100uk]

lucky the car was not impounded

 

when did the premium fail

 

i assume you've resolved the issue now PDQ?

 

dx

[crem]

I was under teh impression that the insurer had to notify you prior to the cancellation so he may be able to claim mitigation circumstances.

[sailor sam]

As what Crem says... they wouldn't cancel the policy just like that. Also, if the police found the car/driver to be un-insured, they almost always seize the car.

 

No insurance is a strict liability offence, you either have cover or you don't. Hi only 'mitigation' would be if his insurers have cocked up in some way. But he would need them to confirm that.

 

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[huggy41]

no insurance that means the car should of been taken as not insured to be on a public road.

he was stoped on the 7th Jan when was the DD due from the bank.

 

i don't think there is a way out as it is your responsability to make sire sufficent funds are in the bank.

[Kiki1]

no insurance that means the car should of been taken as not insured to be on a public road.

 

If it can be confirmed at the time another driver has insurance covering the vehicle then the police - round here anyway - will allow the car to remain parked up until collected. His son may have simply been behind the wheel when pulled.

[huggy41]

If it can be confirmed at the time another driver has insurance covering the vehicle then the police - round here anyway - will allow the car to remain parked up until collected. His son may have simply been behind the wheel when pulled.

 

ar yes then it would be an uninsured driver and not an uninsured vechiel they fail to state why the son was stopped if it was by the ANPR Camera it would have flagged up uninsured car as it would not know who was driving and therefore the car had no insurance on it

[Anubis1275]

Good afternoon. I was driving around for 11 days uninsured (unbeknown to me) in September due to a policy mix up with Hastings automatic renewal/revised premium after a discount. After a protracted complaint they wrote to me confirming that had I been stopped by the police for not having insurance then Hastings would still have covered me as I had the renewal letter from them stating that my policy would automatically renew when it said it would and they would provide evidence to that effect to the police/court if needed as it was their fault the policy did not get renewed on time.

[huggy41]

I was driving around for 11 days uninsured (unbeknown to me) in September due to a policy mix up with Hastings automatic renewal/revised premium after a discount. After a protracted complaint they wrote to me confirming that had I been stopped by the police for not having insurance then Hastings would still have covered me as I had the renewal letter from them stating that my policy would automatically renew when it said it would and they would provide evidence to that effect to the police/court if needed as it was their fault the policy did not get renewed on time.

 

and this helps how

[NE1advice]

In order to validly cancel, insurer should have written to policyholder - contact insurer to find out what they did.

If insurer has not done something correctly as anubis points out, a complaint can result in a letter of indemnity.

In your case, your son was misled into believing he was insured, by you. He remains guilty of no insurance BUT if he is able to persuade the court he was misled by a third party, this could amount to "special reasons" not to impose the penalty points. Court would probably want to hear evidence from you and him. This could place YOU at risk of causing and permitting him to drive without insurance (also 6PP and a fine). If you wish to pursue this Iould suggest you cotact a solicitor. He may qualify for legal aid or a solicitor may be willing to quote for a "fixed fee"

[seanamarts]

Surely your bank would of informed you that payment had not been sent due to insufficient funds, you would of been charged a fee from your bank. Did you check with the bank that payment has been resumed once there was enough funds in there to cover the insurance costs.