HELP ASAP NEED ANSWERS NO INSURANCE

[Mudie84]

I WAS DRIVING MY FRIENDS CAR AND WAS STOPPED BY THE POLICE AND THE CHECKS CAME BACK WITH NO INSURANCE BUT IM FULLY COMP ON MY CAR AND MY FRIEND HAS ALSO GOT INSURANCE ON HIS CAR IM GOING TO COURT TO FACE A CHARGE OF NO INSURANCE NEED TO NO WHAT TO EXPECT

[SeaJayPea]

I'm assuming you're in the UK.

As a matter of some urgency, you should read your policy and, if necessary, check with your insurer. It certainly used to be the case that anybody holding fully comprehensive insurance had third-party cover for any other car driven, but many insurers have taken it out now. If you do have it, then show it to the police, and it possibly won't even go to court.

If you're not covered, the fact you thought you were won't, however, be a defence I'm afraid. You may be able to use it in mitigation, but it's no defence. It's up to you to ensure that you're covered before driving. I'm surprised that they didn't take the car from you, to be quite honest. They certainly have that power now.

I think you're looking at six points and a fine of up to two weeks income, but I'm open to correction on that.

It's a right bu@@er, especially when you consider that there are no end of people who just don't bother insuring vehicles at all.

Good luck.

[buildersmate]

Whilst your own policy may entitle you to drive your friend's car with his permission (check your own policy - some do, some don't), this will ONLY apply if the car has a specific insurance policy in its own right held by your friend.
What has probably happened is that he doesn't have such a policy on that specific car. So you are stuck, I'm afraid.

[Buenchico]

As SeaJayPea indicates, nearly all insurance policies used to permit the holder to drive any other vehicle (not owned or hired by him, or driven for reward) with the minimal legal 'third party' cover. Many policies still do. (My 'third party, fire & theft' policy includes such cover). However several companies have now removed such cover from their policies (or, for example, limited it to drivers over 25 years of age). Nobody should ever assume that such cover exists, unless they've bothered to read the small print of their policy.

So you need to check the wording of your policy, but it seems likely that you'll find you weren't covered to drive your friend's car. (His policy would only cover you if you were a 'named driver' or if he'd got an 'any driver' policy for his car. Since such policies cost 'mega bucks', that would seem to be extremely unlikely).

If the matter had been dealt with by a fixed penalty notice, you would have had to pay £200 and would have received 6 penalty points on your licence.

Since the matter is to be brought before a court, you can receive between 6 and 8 points on your licence plus a fine. (Courts often seem to impose a fine of £200, to match that which would have been imposed by a fixed penalty notice, but lower fines - of, perhaps, £70 - are sometimes imposed upon people with low incomes. Similarly those people with higher incomes may face higher fines of up to £5000). Additionally you'll have to pay costs (of, perhaps, £80), plus a 'victim surcharge' of £15. A conviction before a court (unlike a fixed penalty notice) also creates, or adds to, a criminal record.

The law regards permitting someone to drive a car without insurance in the same way as actually doing so. So your friend can also be charged with an offence, and receive similar penalties.

Chris

[OrcadianOil]

Just a moment, anyone driving a vehicle on a road who's stopped by the Police is given a "producer" to take your documents to a Police Station of your choice within the next 7 days.

I can only surmise that you either weren't given a producer or else you failed to produce the required documents, i.e. a valid insurance ? Which was it? Is it possible that it's the latter, hence the reason why you're now going to Court?

[S_C]

in responce to OrcadianOil ,
the police can now check via their computer to see if any insurance is valid for this driver against this vehicle , therefore a producer isnt now the given option.
if its found they have no record of your insurance covering you they will usualy tow the vehicle away and not allow you to drive on , unless there is someone in the car who is legally covered to drive said vehicle .

its no longer the norm to get a producer for insurance and has not been for a few years . times have changed some things for the better others in some cercumstances maybe not so good.

this is why it is adviced to carry your documents while driving a vehicle " not your usual drive/borrowed " or for a few weeks after renewal of insurance , to ensure you can proove your legitimate incase the shared records have not been updated.

hope this explains it to your satisfaction