Lapsed insurance(help!!)

[Schlomo78]

My partner was stopped by the police on Sun for a faulty headlight which he fixed on the spot,now he has to produce his documents at a police station, trouble in when he got home and opened his mail,(some of which has been there for a week or more)he realised his car insurance had lapsed a week before and he hadn't renewed it.He knows it was his fault and a stupid but honest error on his part and bought some more immediately,trouble is when he produces the police are going to notice that it had run out.I wonder if anyone else has had this problem and whether they got in a lot of trouble?He already has points and if he loses his license his job and fortnightly trip to see his daughter will go with it.Anyone know how hard the police are likely to be on him?

[Loosehead]

I'm afraid he will be prosecuted for no insurance, and that's 6 to 9 points. He must have received the renewal notice at least a month before expiry and chose not to act the insurance business is very keen on renewals and would have sent several renewal notices and remonders. There really is very little defence against this. Short of finding a charitable copper on the desk when he produces I can't see any way to avoid prosecution.

[damajowi]

ouch.

[Schlomo78]

Thanks for your answer Loosehead,thats what I was afraid of to be honest....guess its just a case of hoping he gets an easygoing copper when he produces.I can't see it myself.Sigh.

[tigga]

Schlomo - that is pretty much all you can hope for, although what happens when he produces is the pc at the counter will report him for the offence, caution him (read him his rights) and ask if he has anything to say on the matter, your partners reply will be written down for the officer who stopped him to read (its at his discretion whether or not it goes to prosecution).

one option is : your partner tells him exactly what you have told us and as said, hope for the best.

a better option is : go to the police station asap (dont wait for the seven days to expire) ask for the officer who stopped him, and tell him in person that you have 'come to lay your cards on the table' choose better words though ! be really polite, sincere and apologetic i.e. this will never happen again etc- take along your new insurance to show him. The same thing happened to me a few years back and the officer seen how genuine my case was and told me - on this occasion he would overlook it.

However, if it does go to court, appoint a solicitor and get him to ask the court not to disqualify him as it would cause 'extreme hardship' due to the circumstances you describe (you will need proof that he will lose his job).

Good luck !.

ps, before i get dogged for being a 'jacl the lad' i know this because i have been in a similar, genuine situation and i believe that the question poster is also genuine !.

[WendyS]

If it's a genuine mistake I sympathise because I once drove my car for two months uninsured because my insurance broker had misaddressed my renewal notice and I hadn't realised it was time to renew. I went hot and cold all over at the thought of what might have happened had I been involved in an accident. Now I write the renewal dates in my filofax and computer diary a month before it is due so it never happens again. Good luck. Hope you get a sympathetic response.. I agree that the only thing to be done is to be completely honest about it.

[Gef]

Sorry, but if you are not insured then you are not insured.

It's your fault and I don't see why you can claim mitigating circumstances.

[tigga]

signed... Judge gef !

[stanleyman]

The chances are the police already knew it wasn't insured if they ran a check, they are starting to do this with the new MOT's now. Is there any possibilty that he is covered to drive this car under another insurance?

[spikeybob]

bloody Hell Gef should we crucify him on the M25 as well as a warning to others about their insurance just to make sure.

It happened to me once same situation I renewed my policy went to the police station the next day produced my docs and before I could explain he said it was fine and that I could go. I do think that was a rare case but be honest it was only a week if it was a couple of months it might look dodgy

[Ding-Dong]

Gef is right - this is what is know as strict liability: there are no grey areas, you are either insured or you are not, and I'd be extremely surprised if the mitigating factors avoided a prosecution.

The fact that it was only a week and was a genuine mistake (which is not doubted at all) is neither here nor there I'm afraid.

[spaced]

erm, doesnt you car insurance get automatically renewed if you do not contact them when you get your renewal letter and new costs? All my insurances have sent me letter saying if you want to keep the policy going, do nothing.

If your insurers dont do that, I would personally get it insured, take the certificate with you and hope they let it go.

[Schlomo78]

He did have a letter from the insurance company(AA) but they didn't renew it,its taken out in direct debit I think and he must have thought it was just some junk they had sent him,like I say,it really was an honest mistake and had only lapsed5days previously...the officer who stopped him was in a different city to where he lives and did run some checks through the radio although i'm not sure what for (nobody in their right mind would steal his car!!!)He has to produce in the city he lives in so he can't get the same copper,although (he) was a bit of a git to be honest,think he was trying to make up his quotas.He's just got the new insurance docs through the post and is going to produce asap and be completely honest.Its just a bit of a ****** really.I'm not hopeful,thanks for all the input as I don't drive myself I'm just trying to get a bit of an insight of how harsh they will be. I'm hoping it will be it bit more of a Spikeybob copper as opposed to a Gef copper,lol. ;O)

[Gef]

Thanks ding-dong; and spaced for pointing out the obvious. All I can add is that I would not like to be hit by an uninsured driver (whatever the reason) as it just causes so much hassle. Not opening mail is not an accptable excuse.

[Schlomo78]

Well Gef,I don't think anything would be an acceptable excuse for you would it. Like Spikeybob said,lets nail him to the M25 as a warning.Maybe that would be acceptable to you?They did NOT renew his insurance,as they have done it before he expected it to happen and didn't realise it hadn't until this happened.Lets hope the loss of his livelihood,subsequently his house and not travelling the 400 miles every other weekend to see his daughter will teach him a lesson.The thing is with honest mistakes is that they can happen to anyone,so lets hope it doesn't happen to you eh?

[Schlomo78]

Woohoo!! Went to court Mon about insurance etc and took along the policy booklet from the AA which stated if you pay by installments then your policy will be carried over if they do not hear from you. The court took this into consideration under exceptional circumstances and we got let off with �35 court costs. :0)