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un-insured driver and accident

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un-insured driver and accident

Postby Tire1 » Mon Oct 31, 2016 5:41 pm

I have comprehensive insurance policy holder and was sitting in my car (owned by me) as a passenger which was being driven by my brother. I had my children and wife in the car as passenger. My brother is a named driver on his wife’s car and his wife has ‘comprehensive insurance policy’. My brother does have not comprehensive insurance policy.

Yesterday, a person rammed into my car from the rear. Policed was called and police said that my brother is uninsuranced driver and ceased the car. He handed over a paper “Seizure of Motor Vehicles” and said that my brothers needs to go to court and magistrate will decide on him.

Has he got any options if so, what are they? What will happen in the court when he go there? What is maximum punishment he will get and how can it be kept as low as possible?
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Re: un-insured driver and accident

Postby Hairyloon » Mon Oct 31, 2016 5:47 pm

You need to check that he was not covered by either policy, but from what you've said that is a faint hope. Other than that, your best bet is probably to own up as an honest mistake.
There should be a duty solicitor at court who will advise, but you might want to get advice in advance.
From memory, six points and a fine is a likely punishment.
Why was he driving? You are lucky that you're not in court as I think it is an offence to allow an uninsured driver to use your vehicle.
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Re: un-insured driver and accident

Postby atticus » Mon Oct 31, 2016 6:08 pm

Is your brother insured to drive your car? Is he a named driver on your policy? Does his insurance cover him as a driver of other vehicles?
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Re: un-insured driver and accident

Postby dls » Mon Oct 31, 2016 7:57 pm

Get each policy, and check the wording in detail.

Get advice. You may end up yourself facing a charge of permitting him to drive uninsured.
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