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"Insured to drive anything"

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Finglonga
World Chat Champion



Joined: 27 Jul 2004
Karma :
PostPosted: 15:44 - 23 Jan 2009    Post subject: Reply with quote
asdf wrote:


Not being funny mate but i think i have the ability to communicate with the insurance brokers and listen and understand when they tell me what i can and cant do on my policy.


Then I think your insurance brokers need to look at the law as they are wrong and telling you that could get you in serious trouble.

No vehicle is allowed onto the public roads without being insured. The insurers can't make their own laws up to please their customers.

arry wrote:
daemonoid wrote:

Do remember that the broker you are buying from is not a legal expert but a sales expert.


How do you know his broker isn't FCII qualified and has a degree in Law then? Or are you just guessing?

Brokers aren't all salesmen you know.


Because he doesn't know the law. Wink
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arry
Super Spammer



Joined: 03 Jan 2009
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PostPosted: 15:55 - 23 Jan 2009    Post subject: Reply with quote
Finglonga wrote:

Because he doesn't know the law. Wink


Presumably you've contested the issue in the High Court then?
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 16:57 - 23 Jan 2009    Post subject: Reply with quote
arry wrote:
Appreciated and agreed in the main, but then how do you know he's insured via a dodgy call centre and not a specialist broker? He's not said. Assumption is fine but fact is another thing entirely.


It would be a very appropriate assumption given how extremely unlikely it is that he has dealt with anything other than a call centre monkey.

All the best

Keith
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arry
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Joined: 03 Jan 2009
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PostPosted: 17:56 - 23 Jan 2009    Post subject: Reply with quote
Kickstart wrote:

It would be a very appropriate assumption given how extremely unlikely it is that he has dealt with anything other than a call centre monkey.

All the best

Keith


Alright, I concede the point - can't really do anything but agree Wink

Just playing Devil's Advocate I guess
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Finglonga
World Chat Champion



Joined: 27 Jul 2004
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PostPosted: 18:13 - 23 Jan 2009    Post subject: Reply with quote
arry wrote:
Finglonga wrote:

Because he doesn't know the law. Wink


Presumably you've contested the issue in the High Court then?


No but I know basic road laws. Wink
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TheMundy
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Joined: 09 Jan 2009
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PostPosted: 21:24 - 23 Jan 2009    Post subject: Reply with quote
I am insured to drive any other car and any other bike with the owners permission and provided that vehicle is insured by the owner.

If the vehicle you wish to drive (not belonging to you) is not insured by the owner, then your insurance will not cover you to drive that vehicle.
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sickpup
Old Timer



Joined: 21 Apr 2004
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PostPosted: 21:43 - 23 Jan 2009    Post subject: Reply with quote
Finglonga wrote:


Section 143 of the 1988 Road Traffic Act, any person who uses, causes or permits a person to use a vehicle on the road, must have an insurance policy in place. Parking a vehicle on the road falls within the category of "uses".



I hate miss-quotes.

RTA 1988 wrote:


143

Users of motor vehicles to be insured or secured against third-party risks

(1) Subject to the provisions of this Part of this Act—

(a) a person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

(b) a person must not cause or permit any other person to use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.

(2) If a person acts in contravention of subsection (1) above he is guilty of an offence.

(3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—

(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,

(b) that he was using the vehicle in the course of his employment, and

(c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.

(4) This Part of this Act does not apply to invalid carriages.



I believe the parts in bold are the parts you have miss-quoted to back your argument.

Finglonga wrote:


Because he doesn't know the law. Wink



Pot calling the kettle black I think.
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trevoriv
World Chat Champion



Joined: 04 Jun 2005
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PostPosted: 22:05 - 23 Jan 2009    Post subject: Reply with quote
As defined by the Chartered Insurance Institute:

Insurable Interest is a requirement for a contract of insurance, insurable interest is defined as "the legal right to insure arising out of a financial relationship recognised at law, between the insured and the subject-matter of insurance" as Defined in Castellain v. Preston (1883)

i.e if you do not stand to suffer financial loss concerning the subject matter then you cannot take up a valid insurance contract.

And with regards to the MID, under the Fourth EU Directive the MID is the law. In accordance with the directive any vehicle that is to be used on a public highway must appear on the MID, failure will result in the vehicle being towed and crushed within 7 days should the authorities see fit to do so.

Basically the driving other vehicles extension does not qualify as insurance for another vehicle, it merely protects you as the driver for third party liability on a vehicle that is not owned, nor insured by you.
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arry
Super Spammer



Joined: 03 Jan 2009
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PostPosted: 12:12 - 24 Jan 2009    Post subject: Reply with quote
trevoriv wrote:

The simple principle of 'Insurable Interest' means the vehicle has to be insured by someone who owns the vehicle.

As someone 'borrowing the' vehicle you have no financial relationship with the subject matter of insurance and thus do not have the legal right to insure the vehicle.


You're along the right lines but if you borrow a vehicle you have insurable interest if the 'implied contract', ie what the owner of the vehicle expects of you, extends for you to insure the vehicle. In other words, if you lent me a car on the proviso that I insure it fully comprehensively, even if not written but implied, then I have insurable interest.

Equally, the tenant of a flat is sometimes made responsible by the lease agreement to enact cover for landlords fixtures and fittings. These do not belong to the tenant and he has no financial interest in them, but as it is implied by contract - insurable interest exists.
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st3v3
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Joined: 16 Oct 2006
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PostPosted: 12:34 - 24 Jan 2009    Post subject: Reply with quote
cyberglass wrote:
Its a bit stupid really

To get insurance on lets say an Yammy R1 or Subaru Impreza / Ferrari Razz would cost me thousands

YET

So in theory icould get one give it to my dad who has 10+ no claims. Then i get him to insure it 3rd party which would only cost a few hundred.

I could then BORROW it and be insured to drive it.

I think my dads getting a yammy R1 or Ducati for his birthday Thumbs Up
And that's why it's being phased out...
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djr
World Chat Champion



Joined: 09 Nov 2003
Karma :
PostPosted: 13:48 - 24 Jan 2009    Post subject: Reply with quote
st3v3 wrote:
cyberglass wrote:
Its a bit stupid really

To get insurance on lets say an Yammy R1 or Subaru Impreza / Ferrari Razz would cost me thousands

YET

So in theory icould get one give it to my dad who has 10+ no claims. Then i get him to insure it 3rd party which would only cost a few hundred.

I could then BORROW it and be insured to drive it.

I think my dads getting a yammy R1 or Ducati for his birthday Thumbs Up
And that's why it's being phased out...


Don't know about other policys but for Carole Nash the bike in your name has to be over 250 cc's anyway *-)... Why they don't all just change it so you have to have a bike of similar or higher cc then the one you're insuring in your parents name i don't know... Sad
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 18:30 - 24 Jan 2009    Post subject: Reply with quote
djr wrote:

Don't know about other policys but for Carole Nash the bike in your name has to be over 250 cc's anyway *-)... Why they don't all just change it so you have to have a bike of similar or higher cc then the one you're insuring in your parents name i don't know... Sad

Because it's 'ride any bike', not 'ride your parents bike'... and it'd be a bit of a bitch if I had it for my zx9, say, then couldn't ride a Buell or some other similarly 'tame' bike just because mine had a bit less cubic capacity.
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Kickstart
The Oracle



Joined: 04 Feb 2002
Karma :
PostPosted: 18:40 - 24 Jan 2009    Post subject: Reply with quote
Hi

Until the early 1990s the most common bike policy (with the vast majority of the bike market) was the Norwich Union rider policy, which insured you for any bike up to a certain capacity (and any number of bikes), with the premium pretty much based on the rider, where they lived and the max engine capacity.

Made life very easy, but NU were losing loads of money as really they had no idea what they were insuring.

All the best

Keith
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