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Thread: Driving Another Car, Uninsured, Possible Penalties?

  1. #1
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    Nov 2012
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    Default Driving Another Car, Uninsured, Possible Penalties?

    Hi

    I have 2 cars registered in my name. The only reason being is my first car had a faulty turbo and also had head-engine problems and my friends car continually kept breaking down. As her daughter has medical conditions which mean she must have access to a car to get to hospitals, appointments, etc, at any given time. So, as I am unable to be without a car for work, I went and bought a second car which would allow me to drive it while my car was in the garage getting fixed for over a week. It also meant once I got my car back from the garage, she could use the new car. I had the guy selling the car to me drive to my house to drop off the new car with his brother. The new car sat in my driveway until it got road taxed and insured. At no point in my driving years have I knowingly driven any car without insurance, MOT, etc.

    I called my insurance company, Churchill, and they said I could not change the car on my Fully Comprehensive policy. My policy started in February 2012, but a massive repair cost on that vehicle meant it was not worth fixing, so the car was scrapped. I then bought a cheap car to bridge the gap until I could get some money together to buy something a bit more reliable and robust, which I did, buying my aforementioned 'first car'. So, I have had 3 cars on the policy so far, but they would not allow me to change the policy to the 'Second car' or even add the car to the policy, regardless of cost. Taking into consideration transport to work and her daughters health conditions, we simply need 2 cars for while I am at work.

    Since Churchill would not allow me to add or change to the Second car on the policy, I got my friend to look at a new insurance policy for this second car. She found the best quote online and then phoned the company (Privilege) to confirm everything - it was going to be more than x3 the price to add me as a Named Driver, but they advised my Fully Comprehensive cover with Churchill would allow me to drive the second car with only 3rd Party Fire & Theft. This wasn't the end of the World, as the increases in both our premiums would probably be just as expensive if a claim was ever made on this car by either of us. So, we went with that policy. As far as I was aware, we were both insured to drive both cars.

    I have a Fully Comprehensive policy on my 'first car'
    She has a Fully Comprehensive policy on the 'second car'

    I got stopped by the Police late last night driving the 'second car', they checked registration, my license, etc. They came back and said there are no Named Drivers on the policy and requested I provide the insurance and registration documents to the Police station within 7 days.

    We never received the full V5 registration document, so 2 weeks ago I sent the V5C back to the DVLA with a covering letter explaining it had now been 8 weeks since I bought the car and still haven't received the V5 to this date. I still have no registration document, and have been unable to contact the DVLA today (Sunday, closed). So, I cannot provide the Police with the registration document.

    I then checked the full terms of my Policy for my First car, which states 'this certificate does not entitle you to drive any other car' - contrary to what Privilege had said and so, I feel like we have been mis-sold the policy. In fairness, I should have checked my documents, but had not. No excuses there.

    So it looks like my Fully Comprehensive Churchill insurance does NOT allow me to drive the second car - or any other car - as either Fully Comp or 3rd Party.

    I am going to have to explain this to the officers within 7 days. What punishment am I likely to receive for this 'offence' which I have unknowingly committed. I know everybody says that, but I genuinely did not know any better, nor did my friend, we just took the advice of Privilege who sold the policy to her.

    Any advice?

    Thanks

    Note: I am 23 years old, had a full UK license for 4 years with not a single driving offence on my record, nor any other offences. First time in my life I have had the Police question me as a suspect rather than a witness, so I find it all rather quite daunting!
    Last edited by m0nk3y; 12-11-12 at 20:55.

  2. #2
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    Apr 2007
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    6 to 8 penalty points, a possible discretionary ban and a fine of up to 5,000 .

  3. #3
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    They can also impound the car that you were driving when you got stopped for having no insurance? As the law stands now, if the person cant provide proof of insurance, they crush the car?

  4. #4
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    Quote Originally Posted by Loony View Post
    6 to 8 penalty points, a possible discretionary ban and a fine of up to 5,000 .
    I was kind of hoping for some form of structured reply, possibly someone who has been in a similar situation or knows the outcome of a similar situation, not 'this is what you will get' when in fact the 5000 is maximum, seems the average is anywhere from 100-500 but was hoping somebody could be a bit more specific here.

    Thanks

  5. #5
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    Quote Originally Posted by m0nk3y View Post
    I was kind of hoping for some form of structured reply, possibly someone who has been in a similar situation or knows the outcome of a similar situation, not 'this is what you will get' when in fact the 5000 is maximum, seems the average is anywhere from 100-500 but was hoping somebody could be a bit more specific here.

    Thanks
    Ok,you will get at least 6 points and a fine.
    The fine as you say may be around 100 to 500 but each case is different.Then there may be court costs and victim surcharge added.

  6. #6
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    Quote Originally Posted by Loony View Post
    Ok,you will get at least 6 points and a fine.
    The fine as you say may be around 100 to 500 but each case is different.Then there may be court costs and victim surcharge added.
    The fine should be income-based. Google "magistrates sentencing guidelines" for a better idea.

    Plead guilty by post and you'll avoid the court costs (85?).

  7. #7
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    Quote Originally Posted by m0nk3y View Post
    I was kind of hoping for some form of structured reply, possibly someone who has been in a similar situation or knows the outcome of a similar situation, not 'this is what you will get' when in fact the 5000 is maximum, seems the average is anywhere from 100-500 but was hoping somebody could be a bit more specific here.

    Thanks
    "Fully comprehensive" does not automatically mean any driver. My own car is fully comprehensive with only myself as the permitted driver, but this simply means that any other driver must have at least third party cover in their own right. It does allow me to drive a car belonging to someone else, providing that this car has at least third party insurance. So, if both of the cars are comprehensively insured, I would expect either driver to be able to drive the other vehicle under the third party cover which would automatically exist.
    Look for something on your insurance certificate which is worded to the effect that "you can drive another vehicle not belonging to you", etc.
    All insurance policies/certificates do not have a named driver as a matter of being a fixed rule.

  8. #8
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    Why did the police stop you?

  9. #9
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    Quote Originally Posted by Dennis W View Post
    Why did the police stop you?
    It does not matter.
    This question offers nothing to the topic.

  10. #10
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    Quote Originally Posted by Loony View Post
    Ok,you will get at least 6 points and a fine.
    The fine as you say may be around 100 to 500 but each case is different.Then there may be court costs and victim surcharge added.
    Have you any personal experience of these issues?

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