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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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We live in Scotland so this is a Scottish law question, my

Customer Question

Hello, we live in Scotland so this is a Scottish law question, my nearly 19 year old son was driving my car today after I reported a strange noise , he works for a local garage so just takes cars into work when then need a repair, the accident he had today was when he was out driving around on a streach of road to try and find the fault the road was wet and it was raining at the time my son was nearly home when a van pulled out infront of him causing him to hit the brakes to avoid collision our cars abs brakes came on causing the rear end of the car to spin round into the opposite ***** ***** and hit an oncoming van, the van has side and front damage, our car by the time it came to rest was up over the kerb into a hedge substancial damage occured
JA: Thanks. Can you give me any more details about your issue?
Customer: The police contacted my sons work only to find out that sadly he off work due to an injury, this meant he was not covered by the garages insurance policy, his own policy did not cover him to drive my car either and on checking with the police neither did my car, what will the outcome be? fine, loss of licence or something more serious its a first offence although we though he was covered by the garage policy as he works Saturdays but not today as he was off sick?
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Submitted: 9 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 9 months ago.

How long has he been driving?

Customer: replied 9 months ago.
Ciaran passed his test on the 22nd of January 2015 as he needed this for his apprentaship .
Expert:  Jo C. replied 9 months ago.

Ok.

If this is a no insurance matter then it would normally lead to either six points or an immediate ban.
His problem though is that he has been driving for less than two years and so, if he acquired six point within the first two years, his licence would be revoked.

I don't know whether they are also alleging some form of careless driving. That would normally only carry 3-6 points and they would not be consecutive so it wouldn't change the outcome all that much.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
It's mostly clear thanks Jo, the police said first offence the, road was wet and it was raining at the time, the spot where he crashed is a local black spot as accidents have near been fatal in the past years, so they did mention 3 things, inexperience, conditions at time and maybe speed was not noticed but my son was within the limits of the just passed 40 marker.
Expert:  Jo C. replied 9 months ago.

I think they are considering a prosecution for driving without due care then but that wouldn't add an enormous amount to no insurance.

Truth is though that it is either revocation or a short ban I'm afraid.

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