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#Post#: 30682--------------------------------------------------
Allowing Uninsured Driver to Drive Car.
DIR By: highchiro
Date: July 22, 2024, 8:07 am
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My sister was on holiday from the USA. She phoned her insurers
who said she had 3rd party cover, but didnt say she was in the
UK. We both thought she was insured. Subsequently she got caught
speeding 71 in a temporary 60mph. I nominated her as driver.
They have asked for proof she was in the country which I have
provided. She then checked her insurance (she is back in the
USA) and she has now told me the insurers were wrong she was
only third party covered for vehicles in the USA.
Do I now say I was driving to make this go away as its a less
serious offence or is this a defence for letting someone
(unknowngly) drive my car uninsured which seems like a worse
offence to me. I am 54 and only ever had one speeding ticket
this is all new to me.
Thanks
#Post#: 30683--------------------------------------------------
Re: Allowing Uninsured Driver to Drive Car.
DIR By: AntonyMMM
Date: July 22, 2024, 8:16 am
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--- Quote from: highchiro link ---
>
> Do I now say I was driving to make this go away as its a less
serious offence
>
--- End Quote ---
That would be a very stupid thing to do .....and would
potentially involve a jail sentence. In the circumstances, do
you think they would believe you ?
It is your responsibility to ensure anyone driving your vehicle
is insured to do so - you say "they" (we assume the police)
asked for proof she was in the country, have they actually asked
anything about her insurance cover ( yet) ?
#Post#: 30686--------------------------------------------------
Re: Allowing Uninsured Driver to Drive Car.
DIR By: 666
Date: July 22, 2024, 8:27 am
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--- Quote from: highchiro link ---
>
>
> Do I now say I was driving to make this go away as its a less
serious offence
>
>
--- End Quote ---
You'll find that perverting the course of justice is a
considerably more serious offence.
#Post#: 30695--------------------------------------------------
Re: Allowing Uninsured Driver to Drive Car.
DIR By: highchiro
Date: July 22, 2024, 9:07 am
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Yes they have asked for insurance details, thats prompted the
post on checking only today have we realised she wasnt insured.
#Post#: 30698--------------------------------------------------
Re: Allowing Uninsured Driver to Drive Car.
DIR By: peodude
Date: July 22, 2024, 9:58 am
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As it stands at the moment i'd send them the American
certificate, which assuming they are like the UK ones, will
state drive other car cover on there and play dumb for now.
#Post#: 30701--------------------------------------------------
Re: Allowing Uninsured Driver to Drive Car.
DIR By: highchiro
Date: July 22, 2024, 10:25 am
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I suspect that wont wash as the letter I have had sent to me
says "its unlikely if the hold a policy where they live, that it
would cover them to drive in this country". And turns out they
are right.
Whats slightly galling (this is my first NIP letter) is the
coercion to make me say it was me. Please provide proof Mrs xxx
was in the country and had insurance. The onus is on you to
provide these details, and if you cannot provide them it leads
to additional more serious offences being conidered. However we
were unble to accept your previous driver nomination without
these details. We have enclosed a new for in case you have made
a "mistake". Seriously oops I accindetly contacted my relative
in California, got copies of her lisence etc etc by mistake.
Why dont they just openly say we want your £100 for the least
effort possible.
#Post#: 30702--------------------------------------------------
Re: Allowing Uninsured Driver to Drive Car.
DIR By: slapdash
Date: July 22, 2024, 10:31 am
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If persued the permitting will typically be £300 and 6pts if
dealt with via fixed penalty.
#Post#: 30703--------------------------------------------------
Re: Allowing Uninsured Driver to Drive Car.
DIR By: mickR
Date: July 22, 2024, 10:34 am
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I would suggest maybe the inference of a "mistake" is in.. are
you sure your sister was driving AT THE RELEVANT TIME, however
if you were to realise she in fact wasn't that would still leave
you open to the possibility of allowing to drive uninsured as
you have admitted she (at dome point) drove the vehicle.
#Post#: 30705--------------------------------------------------
Re: Allowing Uninsured Driver to Drive Car.
DIR By: highchiro
Date: July 22, 2024, 11:03 am
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Hard one to prove I would have thought, if she was going to then
didnt and a "genuine mistake" was made. Kind of not the point
though.
#Post#: 30707--------------------------------------------------
Re: Allowing Uninsured Driver to Drive Car.
DIR By: NewJudge
Date: July 22, 2024, 11:41 am
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--- Quote ---
> Whats slightly galling (this is my first NIP letter) is the
coercion to make me say it was me.
--- End Quote ---
Where is the coercion to say it was you?
As above, to say that you were the driver when you know you were
not is attempting to pervert the course of justice. That
inevitably ends in jail time, even for MPs:
HTML https://www.theguardian.com/uk/2013/mar/11/chris-huhne-vicky-pryce
HTML https://www.bbc.co.uk/news/uk-england-cambridgeshire-47040912
I'm not sure they would succeed with the strategy of "...we were
unble to accept your previous driver nomination without these
details." The law requires you to provide "...such information
as to the identity of the driver as he may be required to give
by or on behalf of a chief officer of police." You've done that.
You do not need to give proof that they were in the country or
that they were insured to fulfil that obligation. However, they
can ask you to provide proof of insurance cover and if you
cannot provide it they can take action.
The police are naturally sceptical when they receive a
nomination involving a foreign driver. By giving you the
opportunity to consider whether you have made a mistake they
are, in my view, giving you the chance to nominate who really
was driving in the event you made a false nomination. It's their
way of not getting too heavy when they suspect a false
nomination was made. They do the same if (say) the driver was
clearly male from their evidence and a female was nominated.
That is clearly not the situation you are in, but it seems you
are very likely to be stuck with the no insurance allegation.
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