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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 22385
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I red a van while mine was at the garage. My helper had a

Customer Question

Hi, I hired a van while mine was at the garage. My helper had a comprehensive insurance on another vehicle and he confirmed to me that he could drive other cars at the time. I was unwell on the day so I asked him to drive for me, he got 2 NIP for speeding. I have sent out the letter to his home address, but he did not confirm the details and I heard he moved out of the country and I don't have any contact details for him. Now I have received a letter from the police enquiring me that he has not responded and also saying that he was not a named driver on the hired van and I should provide insurance paperwork to confirm his eligibility to drive. However I can't get hold of him as he was just my helper for few days and I have no idea where to find him. What can I do in this case? Thanks for your attention
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: I'm in UK (London)
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Traffic Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: UK Traffic Law
Expert:  Stuart J replied 3 months ago.

Have you seen his insurance certificate on the other vehicle which he alleges allowed him to drive yours?

You say that you sent the letters to his home address: Did you send off the s172 details to the police giving the driver’s name and address?

What do you want to know about this?

Customer: replied 3 months ago.
He did not show me the certificate, but he contacted his insurance company to make sure he was covered and I took his word for it.I sent the details over to the police with the address I had for him, but it seems that he does not live at this address anymore and has moved out of the country.The police is requesting me to provide proof of insurance and his address once again as he did not respond to the NIP.
Customer: replied 3 months ago.
I don't have any evidence to prove the insurance and I'm trying to get his address but no luck.What could it possibly happen to me and also how can I respond to the police?
Expert:  Stuart J replied 3 months ago.

What could possibly happen to you? You could be prosecuted for allowing the vehicle to be driven with no insurance and it would depend whether the magistrates accepted your version of events as a defence as to whether you will be found guilty or not.

It’s the same offence is driving without insurance under section 143 of the Road Traffic Act 1988: using, causing, or Permitting. It carries up to 6 penalty points and a fine.

There is case law however, Newbury v David 1974 that you do not commit an offence if you allow someone on the express condition that they are insured or they arrange insurance. It depends whether the magistrates accept that was the case.

You gave the drivers last known address and therefore you have discharged your duty to provide the drivers details under section 172.

Does that answer the question? Can I answer any specific points arising from this?

Please do not forget to use the rating service to rate my answer positively so that I get paid from my time today.

You may get the impression that the thread closes after rating, but it does not, it remains open and we can still exchange emails if you wish.

Kind regards

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