*_ash_* Posted December 1, 2011 Share Posted December 1, 2011 My insurance policy expired and my insurance company failed to notify me. Is this a defence to driving uninsured? No. Driving uninsured is an "absolute" offence, meaning that if there is no insurance in place and the vehicle is in use, the offence has been committed. There is no obligation upon insurers to do anything apart from honour cover when it is in place. The onus is upon the user of the vehicle to comply with the Road Traffic Act by making sure that their insurance is in order before they use a vehicle. The exact circumstances may amount to mitigation but the driver would still be convicted of the offence. Link Link to comment Share on other sites More sharing options...
*_ash_* Posted December 1, 2011 Share Posted December 1, 2011 A few years ago, I discovered that I wasn't insured (bit of a longish story though). I actually got my insurance company to back-date it. However, I wasn't caught first. It might have been a different story had I been caught first, then contacted the insurers! Link to comment Share on other sites More sharing options...
Dick Posted December 1, 2011 Share Posted December 1, 2011 Don't pay the fine. Go to court and say your piece. Get a letter or email from the insurance company supporting youstory. Link to comment Share on other sites More sharing options...
its smee Posted December 1, 2011 Share Posted December 1, 2011 Its a strict liability offence, you didn't have insurance, you drove, therefore you're guilty. Frankly if you have enough money that you dont notice whether or not someone has taken several hundred pounds out of your account or not, i don't see why it should concern you that your premiums may raise. Plus if you appeal there is always the chance that the magistrates will impose a heftier penalty and/or fine. If i were you i would accept the punishment and take it as a lesson learnt to double check everything, especially things as important as whether or not you have insurance. Link to comment Share on other sites More sharing options...
Shogun Posted December 1, 2011 Share Posted December 1, 2011 A few years ago before all this number plate recognition stuff I went to buy this van when I got there the guy said I could take it on Monday when he had finished the the work he was doing on it, I rang my insurance company and told them I was buying this van and I was going to pick it up on Monday and never thought any more of it, on the Monday morning I was on my way home when I was stopped by the fuzz and given a producer to take to the cop shop I called into the insurance company to pick up my certificate and take it to the cop shop,the copper said this insurance is not valid shocked I had a look at it and it said the time the insurance started was 9am and the time I got stopped was 8.45am that little mistake cost me a £200 fine and 6 penalty points when I went to talk to the insurance company they said the insurance can not be back dated .sorry. Link to comment Share on other sites More sharing options...
neeeeeeeeeek Posted December 1, 2011 Share Posted December 1, 2011 If they said the payment went through at the time then they need to explain why they cancelled it. Either the transaction was accepted or it wasn't. What reason have they given? I would get a full explanation of the events that made then cancel your insurance and attend the magistrates court. Can't say if that is the right thing to do but I would not want a conviction for such an offence without putting my case forward if the insurance company were at fault. My guess is the judge will feel your pain, but still give you 6 points! Link to comment Share on other sites More sharing options...
R.A.N.D Posted December 1, 2011 Share Posted December 1, 2011 basically i think you will find they can do just about any thing they want:( Link to comment Share on other sites More sharing options...
Miss Creant Posted December 1, 2011 Share Posted December 1, 2011 You would have know the monthly debits being debited from your account, wouldn't you? Surely? I do, I know everything that comes out, date, amount. If it's not gone out then Iwould be straight on the phone to my insurance company to ask why. It's your resposibility. I have no sympathy, sorry. Wow I bet that you are a bundle of laughs at a party aren't you. Can you please explain your use of bold letters? Link to comment Share on other sites More sharing options...
Anglersvista Posted December 1, 2011 Share Posted December 1, 2011 Wow I bet that you are a bundle of laughs at a party aren't you. Can you please explain your use of bold letters? Yes I am the life and soul of any party, and I was emphasising a point. Are you a bit dim? Link to comment Share on other sites More sharing options...
HeadingNorth Posted December 1, 2011 Share Posted December 1, 2011 I appreciate that driving without insurance is an absolute offence i.e. not need to prove intent, you have it or your don't Actually, it isn't. If your insurance company has cancelled your policy without informing you in advance, they are in the wrong and you are not. Link to comment Share on other sites More sharing options...
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