Driving without insurance Police Called

[9elizabeth]

Hello,
I am a named driver on my wife's car. My wife is the full driver (and owns the car) and I am named driver on her car. Earlier today, I was driving driving my brother's car (car was insured and all legal on my brother name) and had an accident. Someone rammed into my car from behind. And called the police. Police found that my insurance does not allow me to drive any other car than the one I am registered for. Technically I am insurance driver. Police gave me a letter and told me that I will be receiving a letter from the court and I will have to go in court in front of magistrate.

I am tier 1 Ent. visa (200K investment) and my extension is due in 2018. What would be the implications it will have on my visa? Any advice is highly appreciated. Should I go to court myself or should I take a solicitor. I really had no idea that I am technically considered un-insured.

[zimba]

You committed a driving offence as you were driving a car without proper insurance. If convicted in court, you should declare this in your application. It is very unlikely for this to affect your extension application however it will have an affect on the ILR/citizenship applications if unspent.
We cannot give you legal advice on this, better to seek the advice of professionals.

[9elizabeth]

Thanks. According to the following website:
http://www.criminalrecordchecks.co.uk/c ... onvictions

Fines, probation, compensation, community service, reparation orders, curfew orders" considered are spent after 5 years.

If the Judge gives me some points and a fine of £150 or whatever, will it be counted towards my ILR which will be due in Dec 2020. Please comment. I am very auxious and could not sleep whole night.

What should be my strategy in that case?
Thanks

[vinny]

Did your brother's car insurance specify that only he may drive the car?

[Casa]

Did your brother's car insurance specify that only he may drive the car?

Vinny, my understanding is that even if the brother's insurance doesn't exclude other drivers, the OP would have to hold insurance in his own name.

Not simply as a named driver on his wife's insurance.

https://www.gov.uk/vehicle-insurance/dr ... -insurance

[vinny]

Thanks, Casa.

OP should also recheck his wife's car insurance policy.

[mcr2013]

it happened with me 4 years ago they gave me 35 pound fine plus 3 points now everything removed but did not effect any my extension but according to new law it effects ur ILR n citizenship

[9elizabeth]

Did your brother's car insurance specify that only he may drive the car?

Hello Vinny,
I have just checked with my brother- he can drive any car (including his own) but my insurance company said that I am now allowed to drive any other car except the one I am named as Named Driver (which is my wife's car.

[Casa]

Did your brother's car insurance specify that only he may drive the car?

Hello Vinny,
I have just checked with my brother- he can drive any car (including his own) but my insurance company said that I am now allowed to drive any other car except the one I am named as Named Driver (which is my wife's car.

That's due to the fact that (I assume) you don't hold vehicle insurance in your own name. Although you need to confirm this as you mention 'my insurance company'.

I'm not sure why you believe that "Technically I am insurance driver" If you are only the named drive on your wife's insurance, you don't have an insurance policy.

[9elizabeth]

Hello Casa,

Sorry that was a typo.

When I say "my insurance company" means my wife's insurance policy where I am a named driver". I have checked with my wife's insurance policy company and they confirmed me that neither my wife nor I can drive any other car except my wife's.

Is there any experienced motor accident driver anybody know of who could suggest me what to do in court?
or to have the minimum points and panalty???
Any help is highly appreciated.

[zimba]

The big misconception is that you can drive a car because the owner had it insured. Unless specified, you are NOT allowed to drive any car because most motor insurance policies ONLY allow named drivers to drive a specific car. In your case, police could have issued an FPN but they didn't. They chose to refer this for prosecution at court. If you receive a non-custodial sentence that is recorded on your criminal record, this could affect your applications within 24 months as the general grounds for 'refusal for leave to remain' says:

they have, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

https://www.gov.uk/guidance/immigration ... or-refusal

[Casa]

This was probably referred to the Court for prosecution rather than a FPN, due to the accident involving an uninsured driver.

[zimba]

This was probably referred to the Court for prosecution rather than a FPN, due to the accident involving an uninsured driver.

I agree. The accident made the police to not apply discretion and issue an FPN instead.

[9elizabeth]

I been to a solicitor. He said the MINIMUM you get is 6 points on licence and at least £500 penalty in the court.
I am getting very contradicts reports. All the people I spoke to not been punished so severely. One lady was even handed over just a penalty of £150 and no point by the judge.

I have a question, if the judge does not give any point on the licence, and hand over just the penalty, would it still stay on my record for 5 years and may affect the ILR?

[zimba]

A non-custodial sentence which includes fines will certainly affect your immigration applications for 24 months. You could even be refused extension as I quoted above in general grounds for refusal. Wait and see if you are summoned to the court

[9elizabeth]

it happened with me 4 years ago they gave me 35 pound fine plus 3 points now everything removed but did not effect any my extension but according to new law it effects ur ILR n citizenship

Thakns Zimba. Here is another member of this forum, who I reckon had the same thing but had his extension approved? Are you 100% sure that it will be subject to general ground of refusals during my visa extension.

Here are my timelines once more:
I got Tier 1 Ent visa (Entry Clearnace) on November 2015. and my extension is due in Nov 2018.
I am told that the police may take upto 6 months to file the paperwork to court so, I may receive the summons from the court anytime upto 6 - 8 months.
I am very worried.

[9elizabeth]

Zinba, I just re-looked, isn't it only for ILR: Here are the exact wording of 322(1C) Page No. 5 it says:

322 (1C)
The applicant is seeking indefinite leave
to remain and:

they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4
years they have been convicted of an offence for which they have been sentenced to imprisonment for at
least 12 months but less than 4 In this section Permission for a purpose not covered by the rules

they have been convicted of an offence for which they have been sentenced to imprisonment for less
than 12 months, unless a period of 7 years has passed since the end of the sentence they have, within the 24 months preceding the date of the application, been convicted of
or
admitted an offence for which they have received a non custodial sentence or other out of court disposal that is recorded on their criminal record

A non-custodial sentence which includes fines will certainly affect your immigration applications for 24 months. You could even be refused extension as I quoted above in general grounds for refusal. Wait and see if you are summoned to the court

[Casa]

Were the others you mention involved in an accident

[9elizabeth]

hello Casa,
The only one person I found on the forum was not involved in accident.

I am really worried if this will result in the refusal of my extension application.

[Casa]

hello Casa,
The only one person I found on the forum was not involved in accident. That's the difference.

I am really worried if this will result in the refusal of my extension application. You may be OK with your extension, but it's likely to affect your application for ILR.

[kingraja]

Present yourself as an very innocent person in court who don't now that he can't drive other car if he is named Driver on anyone's comprehensive insurance & your knowledge about the car insurance is that if someone have comprehensive insurance then he can drive any car, be honest in court may be then they show some sympathy with you & only fined you with warning.

[zimba]

Zimba, I just re-looked, isn't it only for ILR....

Yes it is regarding ILR. However the court verdict is also important. Fingers crossed, the court might simply issue fines given that the nature of the accident does not seem to be serious and you should be able to extend. By the time you get to ILR, hopefully more than 24 months have passed. You need to see what you get from appearing in the court.

Present yourself as an very innocent person in court who don't now that he can't drive other car if he is named Driver on anyone's comprehensive insurance & your knowledge about the car insurance is that if someone have comprehensive insurance then he can drive any car, be honest in court may be then they show some sympathy with you & only fined you with warning.

Ignorance of the law in not a legitimate defence argument

[noajthan]

And suggest do fellow drivers on the road a favour - get some proper insurance for the vehicles you drive.

This is not really about OP's ILR, good character & etc.
Uninsured drivers are paid for by the responsible insured drivers.
General taxpayers also bankroll the trail of damage and burden on health and emergency and justice services that such drivers can cause.