oily85
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| posted on 18/1/07 at 12:29 PM |
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No insurance?
My brother had an accident in August which wrote off his 106, he was going along a 40mph road, slowing for the 30 limit ahead, and a bmw coming the
other way turned right in front of him.
He then got assaulted by one of a group of 6 blokes who came out of the pub the crash was in front of, at least one was a cousin of either the driver
or passenger of the other car, left him with an inch long scar staring on the left-hand side of his mouth. They also then started kicking his car
while he was passed out in the middle of the road.
They've arrested 3 blokes for it so far, but as they took no forensics like bootprints from his car( they took his clothes, but only thing they
found on it was a lot of his blood), it was up to my brother and his 2 passengers to identify them, 3 months after the incident, none of them got it
right. One of the ones they arrested was the driver's cousin, on his interview refused to comment all the way through, and then once the tape
had stopped, said "What now, does this go to court".
Had letters from the AA insurance telling him the accident was his fault and they would be claiming on his insurance, then all went quite for a while,
found out that the other driver had not submitted a statement and had a month to do so. So rang up a month later, her insurance was refusing o say
anything until the police report came in. He's just got a letter asking when he'll be available as a witness, with the other driver being
charged with
Driving without due care and attention
Driving without MOT
Driving without insurance
How can that be? Would not having an MOT have invalidated her insurance? Where does my brother stand?
(Sorry it's so long)
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macnab
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| posted on 18/1/07 at 12:39 PM |
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Terrible thing to happen to your brother.
I have been told that an MOT cert is not required for insurance, for some strange reason.
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ricklawn
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| posted on 18/1/07 at 12:46 PM |
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hi
no insuranc = 6-8 points with discretionary disqualification
no mot = 0 points just a fine
at the magistrates court the magistrates will listen to the events , and when it come to sentance (hopefuly) they will give seperate sentance for
"due care" and then sentance for the other offences.
normally it will be 8 points no insurance plus fine and no seperate penalty for mot.
then they have a list of driving offences they only deal with the one with carries the highest tarrif hence insurance 6-8 points. hope this makes some
kind of sence..
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24vseven
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| posted on 18/1/07 at 12:47 PM |
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true in my mispent youth i was stoped in a car with no tax or mot i was however insured so was charged with no mot only (was just out of tax)
so sorry its not in your favour but i think you can be insured without an mot
also think about sva you can drive to the test with insurance but theres no mot on the kit
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oily85
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| posted on 18/1/07 at 12:49 PM |
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I get that, but we've had letters from her insurance company. Initially my brother's insurance couldn't find her on the database,
but they've since been in contact with her insurers. He's got legal cover as well, but I don't know how much that'll be worth
if she isn't insured anyway, as they won't get any money from it.
Also, if you're insuring a car to drive to SVA, surely it's a special case, they know it won't have an MOT.
[Edited on 18/1/07 by oily85]
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MikeR
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| posted on 18/1/07 at 12:51 PM |
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i believe its a bit of a loop hole.
You must be insured and in a road worthy vehicle.
Hence you can drive to an MOT centre without an MOT but with insurance. If you're going anywhere else you must have a MOT & insurance.
Driving a vehicle without an MOT that isn't going to an approved test centre will invalidate your insurance usually as they have a statement
saying it must have MOT & be roadworthy - except legally a MOT does not prove a car is roadworthy, only roadworthy the second it completes its
test.
(well thats my understanding - but i aint not legal eagle.)
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24vseven
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| posted on 18/1/07 at 01:08 PM |
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one big minefield
my point about the sva was that there a big gaps in the law which make it impossible for anyone to understand them fully without years at
university
one other thing just being aquard is it ilegal to drive your car away from an mot if its failed then
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oily85
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| posted on 18/1/07 at 01:12 PM |
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I think you can drive it home, or to another place where it will be fixed, so long as the fail points do not make it unsafe to drive. If it is unsafe
to drive, it will say so on the report, and you'll have to leave it there or trailer it away. Not sure about if it's failed but still has
a valid MOT certificate, say you've got an MOT from 01/02/06 but it failed one this week
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iank
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| posted on 18/1/07 at 01:28 PM |
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Hmm, maybe it was being driven without consent.
I can't believe they would have it on the sheet if they couldn't get a conviction.
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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mcerd1
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| posted on 18/1/07 at 01:35 PM |
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I think that you can only drive without and MOT or Tax to a Pre-Booked MOT appointment
maybe something similar for the SVA?
any other driving without MOT probibly count as an unroadwothy vehicle, either that or the car was modded in some way (even stickers of other models
can count for this - ie. GTi or M3/ M5 that sort of thing)
I've got a couple of mate in the police up here - forensics are expencive - so they don't normaly do the full works, its a pitty the pub
didn't have it on CCTV 
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oily85
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| posted on 18/1/07 at 01:40 PM |
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Well, we were told to leave the car where it was, so they could go and get forensics done, but then they phoned us about 2 weeks later, and said
they'd left it too long to do it, and the yard where they stored it was £11 a day.
As for CCTV, Wisbech is only a little town really, there are some cameras right in the centre but that's about it
[Edited on 18/1/07 by oily85]
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mcerd1
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| posted on 18/1/07 at 01:48 PM |
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The police like CCTV (and camera phones) they do alot of there work for them 
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DarrenW
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| posted on 18/1/07 at 03:31 PM |
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Ive just had a claim come through from MIB after an uninsured (and convicted) driver hit me. my insurance got a specialist solicitor to act on my
behalf. MIB pay fees, my insurance wasnt affected.
Took a while to determine blame etc but all in all didnt take too long fo rclaim to be settled (approx 16 months).
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robinj66
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| posted on 18/1/07 at 06:47 PM |
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Your brother wants to get in touch with the officer dealing with the case - he should have been asked to fill out a claim for compensation re damage
etc resulting from the accident. Don't hold your breath but it's worth making the application - this issue will be considered by the
magistrates when they come to sentencing. Might get something albeit @£5 pw!!
The No Insurance charge could simply have arisen because the other driver failed to produce the documents to the police.He should put in a claim with
MIB anyway to preserve his options.
He should also see a solicitor/Citzens Advice Bureau about making a claim for compensation for his injuries. If the assailant had been charged with
some type of assault then his claim would be dealt with as part of the criminal proceedings. However, as it appears no charges are to be brought re
that matter, he should make an application to Criminal Injuries Compensation Board.
Realistically he will never get everything he should and what he does get will take forever BUT if you don't ask, you don't get!
GOOD LUCK
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