Tuesday, July 30, 2013

A Useful Reminder

Tony M writes with something for every JP to think about:-
You have probably seen the MA’s warning about checking that we are insured before we drive to court, and I thought you might be interested in passing on my experience this afternoon. I was told categorically by the Aviva call centre person that I was insured, and because I am a regular at an outer Londontraffic gateway court I asked for that in writing. Whereupon it all got vaguer and more hesitant and after being on hold for 2 minutes I was told that this did not count as social, domestic and pleasure use and I would have to pay c£50/year extra for commuting coverage. This works out at about 30p a mile. I have put in a suitably fierce complaint to Aviva and if the decision is not reversed will go immediately to one of three many cheaper options found on Google. I don’t suppose any regular traffic JP will need reminding that insurers are slippery beasts and only tell the truth when they have to write it down, but I was going-outside-the-guidelines furious at Aviva’s performance.


  1. This can also apply in everyday life also.

    Imagine you bought an item cheaply at a car boot sale and sold it for a large profit on Ebay. (OK, this is fiction). As the buyer lives 10 miles away, you deliver it in person as you are going by the destination point anyway.

    On the way you have a prang and exchange details with the other driver and duly inform the insurance company - including the reason for your journey. Can the insurance company refuse to pay for the damage as you were actually in the process of a business transaction in that you had bought the item with the prior intention of selling it?

  2. I always tell the brokers about driving to court. Last year it actually reduced the premium by a quid; this year, with the same broker, it added £8.

  3. This issue can also apply to places.

    Its was discovered that many, if not most, most staff were not covered on part of the road network at a former place of work. It crossed an active airfield.

  4. The eBay transaction would most likely come under social/domestic, unless you were making your living from eBay sales.

    1. And if you'd made a large profit on it, it would certainly be a pleasure.

  5. If it was purchased with the intention of resale for profit, then it was a business transaction. If you bought it and subsequently discovered its value and decided to get it out the house, it is not.

    However, this is irrelevant, as our gallant driver dropped it off incidentally while making a trip whose main purpose was incidental to the delivery.

  6. Oop North we now have an exciting development on no insurance. If you are stopped by PC99 and given a HORT1 and allowed to drive away and then produced (inter alia) your insurance at the police station do not be surprised if you then get a summons for no insurance. When you do get such summons, do not imagine that producing your insurance at court will end the case because the Chief Constable and the Chief Clerk have agreed between them that taking your insurance to the police station is NO LONGER ACCEPTABLE. If the computer says that you are not insured then even though you bring the insurance to court on the first hearing date, the court will not accept it. You must plead not guilty and come to court on the trial date.

    This is despite the fact that PC99 was happy with your insurance and thus did not impound your car and you have subsequent to being stopped produced your insurance at the police station and received a HORT2.

    Malicious prosecution anyone ?

  7. Abuse of process. I would attend court on the trial date, go for "no case to answer" at the half time and apply for costs - which would be substantial, including research time, travel time, waiting time, various faxes, subsistence (and I only dine at the finest establishments etc).


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