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#Post#: 106024--------------------------------------------------
Re: Caught without third party insurance
By: sparx Date: January 15, 2026, 8:41 am
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[quote author=Lakha link=topic=9431.msg106020#msg106020
date=1768487528]
Thanks for the reply
Can they backdate it though? Even though it was only in the
garage for less than a week? Also when the officers checked my
record it showed no business insurance on my licence so aren't I
technically banged to rights because at the time, I didnt have
proper coverage?
[/quote]
Yes, the insurer can say "We would have insured you on this
date". Some business policies do not specifically cover
individual vehicles but may cover "any vehicle owned by or used
in the course of business" (more likely for very large corps).
If there is any kind of stipulation like that in the businesses
policy then it may well cover you for delivering.
They might also say no, but at the end of the day, what choice
do you have? Explore every option open to you.
Insurance is separate to your driving licence, the police
checked your car insurance and found it to not have "for hire
and reward" cover.
#Post#: 106030--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 15, 2026, 9:03 am
---------------------------------------------------------
[quote author=sparxy link=topic=9431.msg106024#msg106024
date=1768488097]
[quote author=Lakha link=topic=9431.msg106020#msg106020
date=1768487528]
Thanks for the reply
Can they backdate it though? Even though it was only in the
garage for less than a week? Also when the officers checked my
record it showed no business insurance on my licence so aren't I
technically banged to rights because at the time, I didnt have
proper coverage?
[/quote]
Yes, the insurer can say "We would have insured you on this
date". Some business policies do not specifically cover
individual vehicles but may cover "any vehicle owned by or used
in the course of business" (more likely for very large corps).
If there is any kind of stipulation like that in the businesses
policy then it may well cover you for delivering.
They might also say no, but at the end of the day, what choice
do you have? Explore every option open to you.
Insurance is separate to your driving licence, the police
checked your car insurance and found it to not have "for hire
and reward" cover.
[/quote]
Thanks dude. I dont even get paid for it its just a favor for
when the actual employees cannot fulfil them. Which is rare. I
will get onto the insurance asap
#Post#: 106036--------------------------------------------------
Re: Caught without third party insurance
By: Southpaw82 Date: January 15, 2026, 9:31 am
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There is case law that says if no cover is in place at any given
time, the defendant is still guilty of the offence even if the
insurer “backdates” any cover.
#Post#: 106040--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 15, 2026, 9:45 am
---------------------------------------------------------
[quote author=Southpaw82 link=topic=9431.msg106036#msg106036
date=1768491118]
There is case law that says if no cover is in place at any given
time, the defendant is still guilty of the offence even if the
insurer “backdates” any cover.
[/quote]
Yeah that sounds about right lol. Going to still try though, im
not going to lose anything by trying
#Post#: 106050--------------------------------------------------
Re: Caught without third party insurance
By: peodude Date: January 15, 2026, 10:25 am
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Just so it's clear, as well as contacting your own personal
insurance, get your father in law to contact his business
insurance incase you have cover on that side instead.
#Post#: 106051--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 15, 2026, 10:28 am
---------------------------------------------------------
[quote author=peodude link=topic=9431.msg106050#msg106050
date=1768494343]
Just so it's clear, as well as contacting your own personal
insurance, get your father in law to contact his business
insurance incase you have cover on that side instead.
[/quote]
Yeah will do dude. Hoping for the best. I like to think that I
have some mitigating circumstances, just have to hope the court
decide not to punish me harshly!
#Post#: 106064--------------------------------------------------
Re: Caught without third party insurance
By: roythebus Date: January 15, 2026, 10:51 am
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I doubt this will go to court, a fixe penalty is the usual
offer. Did the police let you drive away after they stopped you?
If so that's a rarity as they usually make you walk home and the
vehicle get lifted to the car pound.
I doubt that mitigating circumstances will help as no insurance
is a clear-cut matter, either you've got it or you haven't.
#Post#: 106068--------------------------------------------------
Re: Caught without third party insurance
By: Lakha Date: January 15, 2026, 11:09 am
---------------------------------------------------------
[quote author=roythebus link=topic=9431.msg106064#msg106064
date=1768495883]
I doubt this will go to court, a fixe penalty is the usual
offer. Did the police let you drive away after they stopped you?
If so that's a rarity as they usually make you walk home and the
vehicle get lifted to the car pound.
I doubt that mitigating circumstances will help as no insurance
is a clear-cut matter, either you've got it or you haven't.
[/quote]
Well i wont meet the conditions of the conditional offer the
police sent via post; as i already have 6 points. This will give
me another 6 pts minimum so 12 points will be referred to court.
Yes the police let me drive the car home.
#Post#: 106072--------------------------------------------------
Re: Caught without third party insurance
By: sparx Date: January 15, 2026, 11:27 am
---------------------------------------------------------
[quote author=Southpaw82 link=topic=9431.msg106036#msg106036
date=1768491118]
There is case law that says if no cover is in place at any given
time, the defendant is still guilty of the offence even if the
insurer “backdates” any cover.
[/quote]
Interesting, but if the business policy was to cover any
vehicle, and OP would have been covered at the time regardless,
surely OP would then be not guilty?
#Post#: 106088--------------------------------------------------
Re: Caught without third party insurance
By: Southpaw82 Date: January 15, 2026, 12:19 pm
---------------------------------------------------------
[quote author=sparxy link=topic=9431.msg106072#msg106072
date=1768498072]
[quote author=Southpaw82 link=topic=9431.msg106036#msg106036
date=1768491118]
There is case law that says if no cover is in place at any given
time, the defendant is still guilty of the offence even if the
insurer “backdates” any cover.
[/quote]
Interesting, but if the business policy was to cover any
vehicle, and OP would have been covered at the time regardless,
surely OP would then be not guilty?
[/quote]
It's a matter of contractual construction. If the insurance
contract did not cover the use at the time, the fact that the
insurer extra-contractually says that they would have covered
the risk does not invalidate the offence. Until the OP knows
what the contract covered at the time, as distinct to what the
insurer might have paid out on as a matter of discretion, the
question is up in the air.
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