I've been driving without insurance...
Discussion
So one of my cars, my Mogan Three Wheeler, is insured through a broker and all contact is with the broker and not the insurer themselves.
Recently, I was being quoted for my renewal and had an email from the broker confirming the price and saying that I was insured up to the 27th August 2024.
I've been driving the car all month, and yesterday I finally paid for the insurance renewal. The broker rang me up in a bit of a panic, because it turns out my policy actually expired on 27th of JULY. I've been driving around for almost a month without insurance, which given the fact I had an email saying I was covered until then end of August, it's no fault of my own.
The thing is though, the insurance provider themselves haven't made the error, the broker has. So had I have had a major accident during the last few weeks, would I have been liable? What would happen?
I work at a major UK port, and I go through a dozen ANPR cameras a day, so I am surprised I have had no letter come through yet.
Recently, I was being quoted for my renewal and had an email from the broker confirming the price and saying that I was insured up to the 27th August 2024.
I've been driving the car all month, and yesterday I finally paid for the insurance renewal. The broker rang me up in a bit of a panic, because it turns out my policy actually expired on 27th of JULY. I've been driving around for almost a month without insurance, which given the fact I had an email saying I was covered until then end of August, it's no fault of my own.
The thing is though, the insurance provider themselves haven't made the error, the broker has. So had I have had a major accident during the last few weeks, would I have been liable? What would happen?
I work at a major UK port, and I go through a dozen ANPR cameras a day, so I am surprised I have had no letter come through yet.
As the owner you are responsible for insuring the vehicle.
Interesting question though as the broker clearly made an error.
Had you been involved in an accident or indeed pulled over during that month technically you had no insurance as you hadn’t renewed your policy.
I would imagine at that stage the brokers E and O policy might be called upon and the ultimate Insurer would “ probably “ have covered the claim.
I say probably but the stress and hassle involved wouldn’t be nice.
That said just also relying on a broker to inform you of when your renewal date comes up is brave.
Interesting question though as the broker clearly made an error.
Had you been involved in an accident or indeed pulled over during that month technically you had no insurance as you hadn’t renewed your policy.
I would imagine at that stage the brokers E and O policy might be called upon and the ultimate Insurer would “ probably “ have covered the claim.
I say probably but the stress and hassle involved wouldn’t be nice.
That said just also relying on a broker to inform you of when your renewal date comes up is brave.
In many ways these are the pitfalls of - I presume - online insurance. It can be a faff to go into 'your online vault' and check documents, as opposed to when they were posted to you and you knew if you had no actual certificate of insurance in your hand by your renewal, you would call and ask why.
My guess is you would still be told it was your responsibility to go into the online vault and check all was OK - it does always say to do this when insurance is renewed, to be fair. With you not being sent any actual documents or emails on how to access them online, this is going to go against you as to the 'had no idea, thought all was fine' defence.
I am also surprised you did not feel the need to go on AskMid and check all was swell. I do as I know if it is not showing there (often does not at renewal with a new company) I must have the certificate or full details of same in the glove box in case I get stopped.
Remember too that technically you are (were) seen as not declaring SORN or having continuous insurance. I think you will be OK here but you never know if or when goalposts are moved. (I seem to remember a warning letter would be sent before a fine but have no idea if that is still the case)
Anyway, good news for you is all should be fine and no fines or that. Just check the actual documents are in the online vault or better still, tick to have all documents posted
My guess is you would still be told it was your responsibility to go into the online vault and check all was OK - it does always say to do this when insurance is renewed, to be fair. With you not being sent any actual documents or emails on how to access them online, this is going to go against you as to the 'had no idea, thought all was fine' defence.
I am also surprised you did not feel the need to go on AskMid and check all was swell. I do as I know if it is not showing there (often does not at renewal with a new company) I must have the certificate or full details of same in the glove box in case I get stopped.
Remember too that technically you are (were) seen as not declaring SORN or having continuous insurance. I think you will be OK here but you never know if or when goalposts are moved. (I seem to remember a warning letter would be sent before a fine but have no idea if that is still the case)
Anyway, good news for you is all should be fine and no fines or that. Just check the actual documents are in the online vault or better still, tick to have all documents posted
TREMAiNE said:
I've been driving the car all month, and yesterday I finally paid for the insurance renewal. The broker rang me up in a bit of a panic, because it turns out my policy actually expired on 27th of JULY. I've been driving around for almost a month without insurance, which given the fact I had an email saying I was covered until then end of August, it's no fault of my own.
There is some fault on your part. You must have had a certificate for the 23/24 year expiring on the 27/7. When the broker said 27/8, that should have rung alarm bells. The onus is on you to make sure you are insured. Obviously the broker was also at fault for giving you the wrong info but it's info you should have known was wrong. And as you should have known your certificate expired 27/7, when the broker said you were covered to 27/8, you should have chased up a one month extension certificate. Having a broker does not always absolve you of responsibility for having the correct documentation and keeping your car insured. When the broker said 27/8, if you'd have said "my cert expires 27/7", they would have immediately realised the error.
Now if the broker had said at a point before 27/7, "your insurance expires 27/7, you've now paid us for the coming year and we will get the cover put in place " and it turns out just a few days after 27/7 you discover they'd done the new policy from 27/8, leaving you without cover for a month, then that would be no fault of yours. You paid for the cover, you got the dates right, and you were awaiting your new certificate.
Edited by TwigtheWonderkid on Friday 23 August 19:45
Were you presented renewal terms before the policy lapsed in July? If you had accepted these terms (but the broker never actioned it) - then it’s likely they could ask the insurer for backdated cover subject to proof in the way of an email, a note made from a phone call or a payment made. Sounds unlikely though from how you describe it.
If you had needed to claim during this time then it is likely the Broker’s Professional Indemnity Insurance would have needed to respond if they could not convince the insurer to accept cover after the fact. They have clearly made an error and have been negligent in their statutory and regulatory duties.
Whilst that may help you recover losses in the event of a claim - it would be a pretty messy affair.
What the brokers PI wouldn’t help you with is any ‘criminal’ offences of driving without insurance - such as having your car taken away, fines, points, bans etc. Motoring law would state that YOU are responsible for ensuring that you are insured and not the broker.
If you haven’t actually suffered a negative consequence, you may just want to get cover in place and move on with your life… but if that doesn’t sit well with you then I would suggest escalating internally with the broker before speaking with the ombudsman. Depends on your nature and what you want to get out of it.
It’s really poor from the broker and luckily you all got away with it… but accidents do happen and people can put the wrong days/months/years in boxes and it doesn’t get picked up.
If you had needed to claim during this time then it is likely the Broker’s Professional Indemnity Insurance would have needed to respond if they could not convince the insurer to accept cover after the fact. They have clearly made an error and have been negligent in their statutory and regulatory duties.
Whilst that may help you recover losses in the event of a claim - it would be a pretty messy affair.
What the brokers PI wouldn’t help you with is any ‘criminal’ offences of driving without insurance - such as having your car taken away, fines, points, bans etc. Motoring law would state that YOU are responsible for ensuring that you are insured and not the broker.
If you haven’t actually suffered a negative consequence, you may just want to get cover in place and move on with your life… but if that doesn’t sit well with you then I would suggest escalating internally with the broker before speaking with the ombudsman. Depends on your nature and what you want to get out of it.
It’s really poor from the broker and luckily you all got away with it… but accidents do happen and people can put the wrong days/months/years in boxes and it doesn’t get picked up.
Nick_13 said:
Were you presented renewal terms before the policy lapsed in July? If you had accepted these terms (but the broker never actioned it) - then it’s likely they could ask the insurer for backdated cover subject to proof in the way of an email, a note made from a phone call or a payment made. Sounds unlikely though from how you describe it.
If you had needed to claim during this time then it is likely the Broker’s Professional Indemnity Insurance would have needed to respond if they could not convince the insurer to accept cover after the fact. They have clearly made an error and have been negligent in their statutory and regulatory duties.
Whilst that may help you recover losses in the event of a claim - it would be a pretty messy affair.
What the brokers PI wouldn’t help you with is any ‘criminal’ offences of driving without insurance - such as having your car taken away, fines, points, bans etc. Motoring law would state that YOU are responsible for ensuring that you are insured and not the broker.
If you haven’t actually suffered a negative consequence, you may just want to get cover in place and move on with your life… but if that doesn’t sit well with you then I would suggest escalating internally with the broker before speaking with the ombudsman. Depends on your nature and what you want to get out of it.
It’s really poor from the broker and luckily you all got away with it… but accidents do happen and people can put the wrong days/months/years in boxes and it doesn’t get picked up.
It is strictly verboten for an insurer to backdate cover. However, in some circumstances they have been known to provide a letter stating that they would have paid a claim should one have arisen.If you had needed to claim during this time then it is likely the Broker’s Professional Indemnity Insurance would have needed to respond if they could not convince the insurer to accept cover after the fact. They have clearly made an error and have been negligent in their statutory and regulatory duties.
Whilst that may help you recover losses in the event of a claim - it would be a pretty messy affair.
What the brokers PI wouldn’t help you with is any ‘criminal’ offences of driving without insurance - such as having your car taken away, fines, points, bans etc. Motoring law would state that YOU are responsible for ensuring that you are insured and not the broker.
If you haven’t actually suffered a negative consequence, you may just want to get cover in place and move on with your life… but if that doesn’t sit well with you then I would suggest escalating internally with the broker before speaking with the ombudsman. Depends on your nature and what you want to get out of it.
It’s really poor from the broker and luckily you all got away with it… but accidents do happen and people can put the wrong days/months/years in boxes and it doesn’t get picked up.
Who cares. I've driven a three wheeler and found that nothing else matters in life when you're behind the wheel. There could be a zombie apocalypse and it wouldn't matter a jot, as I'd be having such a great time.
Sorry nothing constructive to add except, fabulous vehicle sir. The thought of one puts a smile on my face
Just thank your lucky stars and make sure you put a reminder on your phone or something!
Sorry nothing constructive to add except, fabulous vehicle sir. The thought of one puts a smile on my face
Just thank your lucky stars and make sure you put a reminder on your phone or something!
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