miff121
Banned
Dont turn up at court?[within a year ,im still sure the case will get dropped]
,but you need 2 stay out trouble in that year+
,but you need 2 stay out trouble in that year+
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Please help - may be arrested
- Thread starter Ciaran187
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Please help - may be arrested
Dont turn up at court?[within a year ,im still sure the case will get dropped]
because as we all know, no court, has ever issued a warrant for failure to appear......
Yeah that does'nt happen very often......, then wham you get stopped for something silly and when the men in blue check, guess what there's an outstanding warrant on you!- resulting in you being arrested and held in cells till you can be presented at the first available Court.
You need to read ALL three documents 1) Certificate 2) Policy and MOST MOST important, SCHEDULE!
The schedule is the legal validity at the time you renew your policy, as far as your insurance company is concerned. The policy is a guide and the Certificate is an "in your pocket" proof. The insurnace company go by the schedule, the police by the certificate.
Maybe things have changed but I speak from experience.
When I was a student many moons ago I had my own Fiat 600D and insurance. I was also a named driver on my mum's car. My insurance certificate said I had 3rd party cover for any vehicle not owned, permission etc.. Mum and Dad decided, after examining my certificate, to remove me as a named driver from mum's car. As luck would have it with my car being resprayed by me, I used mum's car to drive up to Stafford for a weekend. Sadly a motorway shunt took place where soembody failed to slow/stop and caused a concertina shunt of alread stationary cars. I was in the middle.
Police checked my Certificate of Insurnace etc. and went away happy.
When the car infront of me tried to claim from my insurance schedule they said that my "other vehicle cover" was only valid if I was 21. But I was 21 but NOT at the time of renewal!
Insurnace company refused to change their stance. They would not backdate the schedule. The did however issue a new certificate which was exactly the same as the one I already had which siad I had cover, and a new schedule (not backdated) with the age 21 clause enabled.
Meanwhile the police made a return visit (once they found out) charged me and mum (for allowing) driving without insurance.
AA solicitors got involved and all charges were dropped due to conflicting information.
Bottom line. Unless things have changed since the 70s the SCHEDULE OF INSURANCE is the definitive, in law document and all other paperwork is for convenience.
Get a copy of your schedule. Some companies may not issue a copy of the schedule but your are entitled to one.
The schedule is the legal validity at the time you renew your policy, as far as your insurance company is concerned. The policy is a guide and the Certificate is an "in your pocket" proof. The insurnace company go by the schedule, the police by the certificate.
Maybe things have changed but I speak from experience.
When I was a student many moons ago I had my own Fiat 600D and insurance. I was also a named driver on my mum's car. My insurance certificate said I had 3rd party cover for any vehicle not owned, permission etc.. Mum and Dad decided, after examining my certificate, to remove me as a named driver from mum's car. As luck would have it with my car being resprayed by me, I used mum's car to drive up to Stafford for a weekend. Sadly a motorway shunt took place where soembody failed to slow/stop and caused a concertina shunt of alread stationary cars. I was in the middle.
Police checked my Certificate of Insurnace etc. and went away happy.
When the car infront of me tried to claim from my insurance schedule they said that my "other vehicle cover" was only valid if I was 21. But I was 21 but NOT at the time of renewal!
Insurnace company refused to change their stance. They would not backdate the schedule. The did however issue a new certificate which was exactly the same as the one I already had which siad I had cover, and a new schedule (not backdated) with the age 21 clause enabled.
Meanwhile the police made a return visit (once they found out) charged me and mum (for allowing) driving without insurance.
AA solicitors got involved and all charges were dropped due to conflicting information.
Bottom line. Unless things have changed since the 70s the SCHEDULE OF INSURANCE is the definitive, in law document and all other paperwork is for convenience.
Get a copy of your schedule. Some companies may not issue a copy of the schedule but your are entitled to one.
Whats the Schedule?
I've 1) Cert, 2) policy handbook with all the T+C's 3) schedual of payments, but only because I'm paying monthly. Never had a schedual on any of my other policys because they're normally paid outright at the beginning.
Courts are increasingly using newish powers to proceed in absence. So don't turn up and you will get a much bigger penalty as you won't be there to put any mitigation or tell them about your income. But any body who messes the courts about by repeatedly not turning up can expect a warrant.
A quick explanation of DOC
DOC
What the law says.
You MUST be insured to drive anything with an engine on a road or in a place to which the public has access eg a supermarket car park. “drive” includes sitting in a car while it is being towed.
If it says on your certificate that you have DOC be careful, there may be a minimum age for DOC to be effective. This often given in the small print in the booklet that accompanies the certificate. So it is possible to have a certificate that says you have DOC but to be too young for that clause to be valid.
DOC is only valid with the permission of the owner of the car you wish to drive.
DOC covers third party only even if you have comprehensive insurance. So stuff your mates ferrari into a wall and DOC pays for the wall but NOT the ferrari.
Any car you drive on DOC must not belong to you or be on hire to you.
DOC does not cover regular use of the same car. So buying a car you can't afford to insure, registering it your mums name, but you are the only driver using DOC from a cheaper car is not legal. This sort of thing could lead to charges of fraud or deception as well as no insurance.
If you drive a car under DOC it is covered while you are driving it. It is NOT covered if you park it for some one else to collect it. It is probably covered if you stop for some purpose which is an essential part of the journey such as filling it with fuel, but that will be determined by a court on the individual circumstances of the case.
If you buy a car and drive it home right away it is yours and not eligible for DOC even if it is still registered in the previous owners name.
If your certificate doesn't say you have DOC, then you don't have it, regardless of what level of cover you may have on your own car.
what the insurance companies say
As above plus any extra conditions they care to add.
Some companies allow DOC for young drivers but with an upper limit of (say) insurance group 5 or 6.
There is no requirement in law for the car you drive on DOC to have insurance cover by the owner but your insurer can make this a condition of DOC of they want to.
There is no requirement in law for a car you drive on DOC to have tax or MOT but the insurers can make this a condition if they want to. If caught on the road, driving under DOC in a car with no MOT, no tax or in a dangerous condition it will be you that gets the points NOT the owner.
DOC
What the law says.
You MUST be insured to drive anything with an engine on a road or in a place to which the public has access eg a supermarket car park. “drive” includes sitting in a car while it is being towed.
If it says on your certificate that you have DOC be careful, there may be a minimum age for DOC to be effective. This often given in the small print in the booklet that accompanies the certificate. So it is possible to have a certificate that says you have DOC but to be too young for that clause to be valid.
DOC is only valid with the permission of the owner of the car you wish to drive.
DOC covers third party only even if you have comprehensive insurance. So stuff your mates ferrari into a wall and DOC pays for the wall but NOT the ferrari.
Any car you drive on DOC must not belong to you or be on hire to you.
DOC does not cover regular use of the same car. So buying a car you can't afford to insure, registering it your mums name, but you are the only driver using DOC from a cheaper car is not legal. This sort of thing could lead to charges of fraud or deception as well as no insurance.
If you drive a car under DOC it is covered while you are driving it. It is NOT covered if you park it for some one else to collect it. It is probably covered if you stop for some purpose which is an essential part of the journey such as filling it with fuel, but that will be determined by a court on the individual circumstances of the case.
If you buy a car and drive it home right away it is yours and not eligible for DOC even if it is still registered in the previous owners name.
If your certificate doesn't say you have DOC, then you don't have it, regardless of what level of cover you may have on your own car.
what the insurance companies say
As above plus any extra conditions they care to add.
Some companies allow DOC for young drivers but with an upper limit of (say) insurance group 5 or 6.
There is no requirement in law for the car you drive on DOC to have insurance cover by the owner but your insurer can make this a condition of DOC of they want to.
There is no requirement in law for a car you drive on DOC to have tax or MOT but the insurers can make this a condition if they want to. If caught on the road, driving under DOC in a car with no MOT, no tax or in a dangerous condition it will be you that gets the points NOT the owner.
Yes. But it is not as simple as it sounds.Is this definatly fact
Your insurance can contain a condition that the DOC clause is only valid if the other car has separate cover. In which case, if the other car doesn't have insurance, then you will be liable to a no insurance offence. That is because although insurers can't have conditions below those which are required by law they can have conditions higher than those set by law. Fail to comply with the terms of your insurance and the cover could be voided.
Also bear in mind that the government are currently preparing a new law which will require all cars to have either continuous insurance cover or a SORN declaration. It is not clear if that will mean that a car driven under DOC will be enough or if insurance by the owner will be needed. My guess is that owner insurance will become necessary.
It is always the case that you need to read the small print when renewing insurance to be sure you have the cover you think you should have. It is also the case that the law can change overnight.
Just to back up my previous post.Is this definatly fact
The law with regard to motor insurance can be found in the Road Traffic Act 1988 section 143 onwards. This makes it clear that any motor vehicle used on the road must have insurance against third party risks. No mention of any need to insure a vehicle twice.
http://www.statutelaw.gov.uk/conten...76534&ActiveTextDocId=2276784&filesize=193990
yes it does. The reason being that car parked on a road or public place was almost certainly driven there and will almost certainly be driven away. So insurance will be needed and to keep the law simple, insurance is required at all times for vehicles being kept on a road or public place even if they are not being driven at the time.
As far as road tax is concerned a car needs to be either taxed or SORN'd all the time. That enables (in theory) the authorities to keep track of all vehicles and makes prosecution easier. You can cancel insurance at any time and the authorities have no way of knowing if the vehicle is being used or not. So they are currently looking into the possibility of requiring continuous insurance. As far as I am aware there are no definite decisions so far, but the likely end result is going to be something of the lines of either insured or a declaration that the vehicle is not being kept or used in a public place. A sort of insurance SORN.
As far as road tax is concerned a car needs to be either taxed or SORN'd all the time. That enables (in theory) the authorities to keep track of all vehicles and makes prosecution easier. You can cancel insurance at any time and the authorities have no way of knowing if the vehicle is being used or not. So they are currently looking into the possibility of requiring continuous insurance. As far as I am aware there are no definite decisions so far, but the likely end result is going to be something of the lines of either insured or a declaration that the vehicle is not being kept or used in a public place. A sort of insurance SORN.
