Vehicle Insurance – A Question For New Judge

[Hymie]

As a magistrate, what is your verdict in my hypothetical case outlined below?

Appearing before you, I have been charged with driving without insurance.

The facts are as follows; I renewed my annual vehicle insurance (by phone) with my current provider and received confirmation that the policy had been renewed by e-mail – with the insurance premium paid by credit card, with the payment going through at the time of the phone call.

A few weeks later I was stopped by the police, charged with driving without insurance and the vehicle impounded.

Unbeknown to me, my insurance company had made a mistake in the premium payable for my insurance cover – and wanted an additional £150, otherwise they would cancel the policy.

My insurance company had sent me an e-mail outlining the above, saying that they had made a mistake in the premium payable and that if the additional amount was not paid within 7 days they would cancel the policy. Unfortunately the e-mail ended up in my junk folder and I did not see it.

So despite having paid the agreed insurance premium, my insurance company unilaterally voided the cover, due to a mistake they made.

In the above scenario would I be found guilty of driving without insurance, having no knowledge of the insurance I arranged and paid for, being cancelled due to a mistake made by the insurance company?

[Hymie]

So I have to check my e-mails (including junk) at least every 7 days to ensure that my insurance company has not voided my car insurance – what am I supposed to do if my internet connection goes down for an extended period?

[THECORBYLOON]

Best wait until NJ sees this since he's the one you want the advice from.

[Zacs-Master]

Why pretend it was hypothetical when it clearly wasn’t?

[ToraToraTora]

Sadly Hymie, none of that matters it is an absolute offence, you were uninsured, end of.

[Zacs-Master]

Tora is correct, you don’t need NJ to confirm anything more or give opinions
‘Section 143 of the Road Traffic Act 1988 creates an absolute offence, meaning that the prosecution does not need to prove any intention to drive without insurance, only that a policy was not in place at the relevant time’

[THECORBYLOON]

The only thing at issue is the penalty imposed but again, NJ will offer his advice and will no doubt use the guidance from the Sentencing Council Guidelines.

[Zacs-Master]

The only valid defence you have (of the ones relevant to your situation) is that ‘ that you neither knew nor had reason to believe that there was not in force in relation to that vehicle, a valid policy of insurance’

If the Mag is in a good mood that may just work.

[Arrods]

Fair enough. Just puzzled why the documents were received OK but the cancellation went to junk - unless perhaps they came from a different sender.

[Arrods]

That was to the original poster.

[THECORBYLOON]

"what am I supposed to do if my internet connection goes down for an extended period?"

Do you never access the internet on your 'phone when you're out the house?

Do you expect the insurers to 'phone you every time they send you an e-mail to make sure you read it?

[Zacs-Master]

Hymie, back in 2021 NJ commented on one of your other posts about car insurance……
‘ It is true that “No Insurance” is a “strict liability” offence. You either have insurance or you don’t, and if you don’t you will be convicted’

[Peter Pedant]

" but I thought I was" clearly wont wash

attend the case, hire a lawyer and plead mitigation ( I thought I was) otherwise it cd be very expensive for you

[Peter Pedant]

most traffic offences are strict liability

[Zacs-Master]

If it’s your 4.7l Jeep that’s been impounded at least you’re doing your bit for the environment ;-)

[THECORBYLOON]

Having been sent an e-mail about the insurance, if the "neither knew nor had reason to believe" applied, the same could apply to someone not bothering to open a physical envelope from the insurers and I cannot see that being accepted.

[Arrods]

But I would at least try to argue that I’ve been insured continuously for x years, the documents went to my inbox but the cancellation went to junk.

[Hymie]

My old 4.7 L Jeep ran itself into the ground with a handbrake fix for the MOT costing more than the car was worth. But quite why you need a handbrake on an automatic vehicle is beyond me.

[ToraToraTora]

I agree hymie, I never use the handbrake on the Jaaaaag, It must be needed for the MOT, serves no other purpose.

[Hymie]

Maybe NJ hasn’t risen yet – but this non-insurance issue should be of interest to all; if you don’t check your e-mails (including junk) for notification that your insurance provider has unilaterally cancelled your insurance – you too could be driving uninsured.

[douglas9401]

A pattern of disregard for traffic rules seems to be developing.

I suppose it's okay to charge about the place without working lights if you only drive in daylight.