ChatterBank0 min ago
Speeding Ticket With No Insurance
Hi. Got a spedding ticket for doing 50 in 30 limiy. But the problem is that my brother was driving it and on that moment he wasn’t insured but the car was and my question is if the police will check if he had insurance or not in that time of the offence
I know that this will go to court but I want to know if they can check if he had insurance on that time as will be couple months until will reach to court
I know that this will go to court but I want to know if they can check if he had insurance on that time as will be couple months until will reach to court
Answers
Best Answer
No best answer has yet been selected by Klau6. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.As Andy indicates, the police most definitely should run a check on whether or not your brother was insured to drive your car at the time of the speeding offence. However, with the system under great pressure, it's just possible that they might not.
If they do, your brother will be prosecuted for driving without insurance and you'll also be prosecuted for allowing him to do so. (The fact that you had an insurance policy in place is irrelevant). You'll both get 6 points on your licence and you'll both be fined 150% of your 'relevant weekly income' (which is basically your take home pay unless you're, say, unemployed, in which case it's £120).
[The number of points can actually be up to 8 but I see no reason as why the 'standard' 6 wouldn't apply here. Similarly, there could also be some variation in the amount of the fine but, once again, I see nothing which would make the magistrates vary from the 'norm'].
If they do, your brother will be prosecuted for driving without insurance and you'll also be prosecuted for allowing him to do so. (The fact that you had an insurance policy in place is irrelevant). You'll both get 6 points on your licence and you'll both be fined 150% of your 'relevant weekly income' (which is basically your take home pay unless you're, say, unemployed, in which case it's £120).
[The number of points can actually be up to 8 but I see no reason as why the 'standard' 6 wouldn't apply here. Similarly, there could also be some variation in the amount of the fine but, once again, I see nothing which would make the magistrates vary from the 'norm'].
And just how would the police find out your brother was not insured to drive the vehicle?
Imagine that it was me who was driving the car, am I insured to drive it?
Yes I am, my fully comprehensive policy covers me third party when driving other cars (note that some fully comp policies don’t offer this cover).
I don’t think the police would investigate whether the speeder was insured (it’s too much hassle), they just want the money.
Imagine that it was me who was driving the car, am I insured to drive it?
Yes I am, my fully comprehensive policy covers me third party when driving other cars (note that some fully comp policies don’t offer this cover).
I don’t think the police would investigate whether the speeder was insured (it’s too much hassle), they just want the money.
I agree with [email protected] - you will also be liable for prosecution if you allowed him to drive it. If you didn’t he will also be charged with theft of a motor behicle.
Oh, they probably think that you are trying it on (that you were actually the driver) – others have done this and been caught out.
To be honest, I’m not sure how this works when it is genuinely someone from abroad caught speeding – but in your car.
Maybe this has happened to someone else on AB and they can advise what happened – I don’t know how you can prove it was your brother driving, but if he admits it somehow (to the police) that may be the end of it. Just how would the police prove he was not insured?
To be honest, I’m not sure how this works when it is genuinely someone from abroad caught speeding – but in your car.
Maybe this has happened to someone else on AB and they can advise what happened – I don’t know how you can prove it was your brother driving, but if he admits it somehow (to the police) that may be the end of it. Just how would the police prove he was not insured?
The thing is that they don’t know that he was here only on holiday so after I tell them they will ask for proof of insurance. If they will find out that he wasn’t insured I will get 6-8 points and he will get 6 point as well for this. Now I’m thinking the best option is to say that was me the one who was driving but I think will get a lot complicated after
Maybe NJ can advise, if you were prosecuted for allowing someone to drive without insurance (who was your brother), but in your defence you claimed that he was refusing to supply you with his insurance details (and the police cannot prove he did not have insurance, because he resides abroad) – would the prosecution be successful?