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Driving without insurance liability question

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jareh88 | 00:17 Mon 23rd Jul 2007 | Road rules
12 Answers
I have been driving a vauxhall corsa for about a year now, have no convictions and no points, have been fully insured and have recently had my insurance renewed by my dad who is in control of the familys insurance as he pays for it all, so its generally not something i think about. Anyway recently i have gone to a festival and i drove my dads people carrier for tent space etc. Now as my dad is in control of the insurance i asked him to check the policy when i asked to use the car, the belief was that my fully comp insurance on my corsa covers me for my dads car. In the course of the festival i experienced a "knock for knock" accident, in which a vehicle check showed that i am very possibly not covered for it, where as i was led to believe that i was due to my dads judgment. My household income enables us to pay FULLY for any insurance we need to cover, and my dad in no means sent me out in the car KNOWING that i didn't have insurance thinking it will be ok.

I am FULLY aware that I was the one driving the car and i SHOULD have taken responsibility to check myself, and that the law is the law. But i just did what 99% of people would do at my age (18) and trust my parents judgement.

What i'm wanting to know is, regardless of liability: -
-am i definitely going to get 6-8 points on my license?
-if in the producer i have one of my parents with me with a letter explaining i was led to believe i had insurance will the fine be any less than maximum?
-as 6 points will cause me to have to re-take my test, what is the issue on points after the re-take, and will there be a duration ban?
-is my insurance going to be SKYHIGH for the rest of my life?

thanks alot for any answers, i know driving without insurance is unforgivable but i would never do it intentionally or even dream of driving without certainty that i was insured.


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Driving with no insurance is an absolute offence which means there is no defence in law.

You very likely will get 6 points and a fine. You may also be banned.

As your father allowed you to drive without insurance he too could be prosecuted for the offence of 'causing or permitting another person to use the vehicle without insurance.

Your insurance won't be sky high for the rest of your life - just for the next few years.
Question Author
So what were basically doing is dooming my dad to prosecution as well and i should just take the rap completely? It wont lower the fine or anything?

How unbelievably depressing...
It's not a choice - it's your father's car and he permitted you to drive it without insurance.

You drove it without insurance. It is not a case of prosecuting one or the other.

You could say you drove it without your father's permission, but then you would be prosecuted for taking a vehicle without consent. This would prevent your father being prosecuted, but would be a lot worse for you, as well as being dishonest.

Just be thankful the accident wasn't far more serious. And now you will get to know all about the ins and outs of car insurance.
Question Author
Ok. The fines are not an issue for me as my father is taking responsibility for paying any costs (including my new premium rates) as i entrusted him with sorting out insurance.
What i have to worry about now is, once i have re-taken my tests and got my car insured again etc, do i still have the 6-8 points on my license or do i start again from scratch, with just the large premiums hanging above me for the next few years?

And i most certainly will be learning about the ins and outs of car insurance...
here we go again,panic button
Question Author
I have been reading around and found this answer posted by the user flip_flop: -

"Section 143 of the RTA states;

"...a person charged with using a motor vehicle in contravention of this section [this section being the requirement to be insured for third party risks] shall not be convicted if he proves

(a) that the vehicle did not belong to him and was not under a contract of hiring or of loan
(b) that he was using the vehicle in the course of his employment, and
(c) the he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance..."

Your friend has a defence enshrined in law."

So according to (C) i have a case if i prove that i had no reason to believe i was not insured yes?
Granted i was TOLD by someone that i was insured, but i doubt there is anyone, when it comes down to human nature, that you trust more than you're own parents...
But you were not using the vehicle in the course of your employment - notice the AND at the end of (b).

So that does not apply to you. You cannot claim you were either, because the insurance would be much higher for business use.
Question Author
Aha i understand.
Cheers ethel, at least i know what to expect.

I'm taking my producer in today. Is the punishment immediate or do i just get given a date for a court hearing and can drive (my fully insured vehicle) until proven guilty at said court hearing? Or am i facing a summer of re-tests?
Wait and see. :)

Let me know how you get on.
Question Author
OK, will do.

One last thing before i trot off to my impending doom.

Law aside, when it comes to insurance companies, if the situation, as it were, is explained over the phone when finding a quote, would any kind of insurance company be more understanding?

(trying to find SOME kind of light at the end of the tunnel lol)

They've heard it all before. A million times.

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