Crashing an uninsured vehicle

Not me! I'm a daft bugger but not that daft.

A friend (no...really) was busy looking round the floor of her (moving) car for her cloth to clear the steamed up windscreen.  Unfortunately, as she could not see where she was going (and wasn't looking anyway, silly cow) she French-parked it into the back of a stationary vehicle, with sufficient force to damage both cars beyond repair.  No-one else was hurt and she only suffered cuts and bruises.

Problem is, she has no MOT or insurance.  Do our legal eagles (or anyone with similarly stupid friends) have any idea what's likely to happen?  I think since she has 6 points on her licence already, a ban looks a good bet.  She seems to think a few hundred quid fine and possibly points on her licence.  I personally wondered if prison was a possibility

Before anyone starts, yes we all know what she deserves and no I don't agree with the death penalty for such cases (etc etc etc)
So if we can keep the focus for a minute, does anyone any idea what might actually happen to her?

TIA for any sensible replies

 

From Highway code

Driving without insurance. Custodial sentence not an option. Maximum fine £5000. A ban is discretionary. 6-8 points.

Driving without MOT. Custodial sentence not an option. They can't ban you or give you points. Fine up to £1000.

 

Oh and...

Careless or inconsiderate driving. Custodial sentence not an option. Driving ban is discretionary. Maximum fine £2,500. 3-9 points.

IMHO they'll not give her a straight ban but they'll give her enough points to ban her anyway. Fine will depend what mood the magistrate is in and if he/she likes your mate (I'm not for a minute suggesting things are done that way, but they are). Owt from a couple of hundred to a couple of thousand. Paying for damage to the other person's vehicle and stressing this point in court might go some way to reducing the size of the fine.

 

Cheers guys

That's put my mind at rest that at least none of her (numerous) offences are imprisonable.
My web searches for law regarding these circumstances tended to turn up older info and I didn't know if the law had been changed.  I seem to remember the increase in incidents involving uninsured drivers being debated in the House of Commons not so long back.  Anyway, seems not.

I must say, though, I have very little sympathy for the lass concerned.  Especially since, when it comes to the misdemeanours of others, she turns into "The Sun Says" Column on legs!  Indeed, a mischievous and somewhat uncharitable part of me kinda hopes they come down hard on the sanctimonious cow - see if that helps moderate her outspoken attitudes!

As for paying for the damage to the other vehicle, I certainly agree this would be a good idea.  I steered clear of mentioning it though.  I know for a fact she can't afford it and I know where that would lead.  We're friends but not that good friends , so I would be keen to keep money out of the conversation to save the awkwardness of declining her a loan!

 

RE: Cheers guys

The first thing that will happen is that the other driver's insurance company will have to pay for the other person's car, assuming that the other person was insured fully comp. Then it is up to the insurance company to chase your mate in a civil case for reimbursement - whether they do will depends on their assessment of whether it is worth their while, which will depend on the costs vs the liklihood of ever seeing any money out of her.

If the other driver was only insured tpft, then, I think they have to apply to the fund that is paid into by all insurance companies to cover uninsured losses, for a payout (paid for as a levy on the policy by all of us silly law abiding buggers, to put my santimonious head on for one second). In the meantime, they will be as severly out of pocket as your mate. If it was me, I'd be seriously unhappy and looking for some kind of retribution. A civil case would be 100% guaranteed.

Even if the other driver were to recover every penny they will still lose their no claims bonus, which to me is grossly unfair - but life's like that ain't it - it is shitty.

 

My mother was hit by a drunk, uninsured driver. Both cars are write offs. Shes had to pay £250 to get the car recovered and she will be off work for a while now. Only thing she can do is go through a personal injury lawyer to claim compensation. So therough no fault of her own she is well out of pocket and without a car. Insurance company doesnt want to know because the other driver isn't insured.

What on earth do we pay these companies for? Why on earth is there no system of displaying details of car insurance on the windscreen like car tax? Ok it could be forged like the tax disc but surely it could go some way to reducing the amount of uninsured drivers on our roads. Portugal has a system like this.

When you have your car MOT'd you get a sticker with your certificate to put in the windscreen if you wish. Why cant the insurance companies send something similar with your insurance certificate and then the law make it compulsory to display it? They could be checked in the same way tax discs are now.

 

I quite agree

Apparently, on average, £30 from every driver's premium goes to pay for losses sustained through uninsured drivers.  As I said, I have little sympathy for the girl involved.

As for a more enforcible system I think an MOT reminder, like the tax reminder you get, would be a good idea.  My car needed repair last week and I had to dig out the manuals.  Noticed there was 24 hours left on the MOT! Got a sticker now reminding me of next service and MOT dates but I still think a centralised database where testing garages notify the DVLA when a vehicle passes and then a reminder could be issued when there is only 1 month to expiry.

Similarly, as you suggested with insurance - a centralised database has to be a good thing.  Once your insurance expires, you must either sign a SORN or get an automatic fine.  Anything which makes the system easier to police has to be a good thing.

 

good point and I think the Germans have something like that where insurance details are shown as we do with tax discs.

People will still get round it as they do with the tax disc.

My old car was written off (after someone tried to nick it from the car park at Oakwell) 12 months later I had 2 letters as "registered keeper". One telling me "my car" had been reported for having not having a valid tax disc and then impounded for the same offence. If folk want to fiddle it they'll find a way.

 

Think that they are now setting up a centralised database

Not before time. It's not beyond the wit of man in this day and age.

It's the same as the NHS, now there's an inefficient organisation if ever there was one.

Fatha was in hospital a little while ago, one of the things that needed checking whilst under the anaesthetic was unknown to the consultant because his notes had not been passed from the other hospital. In this day and age, you should be able to walk into any NHS hospital or Doctor's surgery, have them type in your national insurance number, and up pops every thing that's ever known about your medical history. Need some drugs? - doctor types them in, visit a chemist, chemist calls up your record and list of outstanding drugs is on screen. The money wasted on paper would pay for an army of monkeys to type in the paper records from the last 50 years. ( ( (blagger) (banghead)

 

What's the point in trying to nick a car from the car park at Oakwell - they wouldn't be able to move it until an hour after the game finished. ff

 

RE: I quite agree

Would the insurance companies agree to such a system though? Ok,uninsured drivers cost insurance companies too but as you say, theybump up the premiums to cover it. Its penalising drivers who have insurance as well as the ones without insurance. This cannot be right. The system clearly doesnt work as it stands.

As for the MOT, a centralised database must be easier to accomplish nowdue to the new computerisation. There should already be a database ofcars which have passed thats been created since computerisation was brought in.Reminders would be a good idea. Not sure if it would be the DVLA whowould issue such reminders but I get your point.

 

In Australia they have a system where insurance is provided by the state as part of the car tax. Yes, you could still be untaxed, but the police have access to all the records and its easier to spot and stop. Its a strange policy we have in this country where we enforce people to take out insurance with a third party provider.

 

her best bet.....

....is to pay the damage outof her own pocket, either directly to the driver or if he's already taken it through his insurance then she should re-imburse them directly. That should keep it out of court as insurance companies rarely inform the police of such things (I used to deal with just such matters for Norwich Union so I can only comment on their policy). Even if the insurance company do issue legal proceedings against her then it will simply be to recover their losses which will be a civil hearing. The issue regarding the lack of MOT and insurance is a criminal matter. So unless the police are already involved she could be ok.

 

She's in deep **** to be honest

Maximum penalty is 6 months in prison!

Follow this link!
http://news.bbc.co.uk/1/hi/programmes/breakfast/3588477.stm

 

depends whether the police are actually involved, though.......

...if they are then she certainly is!

 

Jesus, England is back water country

The last 20 years we've been using paycards in all shops and our car taxes are cross checked with our insurancs and MOT. When all 3 things are in place then we recieve a sticker that tells poeple that everything is in order, I also think Germany, Sweden and most other countries in europe have the same thing! Have you noticed those colourfull stickers on most european number plates?

 

Yes but

"The maximum penalty for having no licence and no insurance is six months' prison.

I think the person in question has lecence as was said earlier all be it with 6 points on lol. and no insurance and no MOT are not offence which can lead to prison. She probably just get banned and a big fine. Then there is the matter of the other persons damage.

 

Would reckon the police are involved

Seeing as both cars are write offs!

I think insurance companies have to inform the police in such cases! The other driver would be daft to settle for a underhand payment. Just think if they started having neck problems because of the accident?