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Some sociolegal advice for my stupid friend....

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SirFallalot
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PostPosted: 13:49 - 02 Sep 2019    Post subject: Some sociolegal advice for my stupid friend.... Reply with quote

So I have a friend who has just effec up big time by simply not being responsible...

He got his first bike after the cbt back in march. We went to pick it up on Saturday, saw the bike, paid the man, he passed the vehicle onto him through the dvla website, we did the road tax, then the insurance.
He didn't receive the email, but on the website said it could take a couple of hours and there were no errors after payment so I just told him to keep an eye on it and we went home.

Fast forward last friday, a driver pulled in front of him, he braked enough so as that it wasn't major, only damage to the car was the wheelwell trim came out, to the bike the fairing as it fell, and dunno about forks, my friend's fine he ended up on the bonnet then rolled to the floor but had gear. He's got plenty photos to prove no fault.

He's quite nervous about his english to asked me to make the claim on his behalf, when I got to his it was out of hours so they just took the report. He can't find his documents so but they say that with the rest of the details it's ok.

Today he received a letter from the other insurer saying they hold him fully accountable blah blah asking for details, he still can't find the docs, so I ring his company to ask about the claim, well they don't have any policy on that plate...

I check MID and.....no insurance. I tell him to go find the insurance payment...it's not there, only the bike/tax ones.....how do you not notice you have an extra £700 in your account I ask!!! He just doesn't check he says......Effing hell...

So he's been driving for half a year with no effing insurance now Laughing I've told several times to always have the cbt/insurance papers or photos with him and he just say's he'll check..he'll check...eff that man...when I didn't receive my policy details I called up on the next day to ask about them!!!

I don't even know what to help him with Neutral Worst case £300+6p so loses his (provisional) license. I guess we could try speaking with the lady (named driver on husbands insurance) to cancel the claim, they got nothing in it, since she's at fault. Or maybe send the photos to their insurance? They'll still want to know his insurer though right?

Any advice welcome, I don't even know what to tell him other than grow up and be responsible Neutral
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grr666
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PostPosted: 13:55 - 02 Sep 2019    Post subject: Reply with quote

Keep out of it and let him learn the hard way.
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bhinso
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PostPosted: 13:56 - 02 Sep 2019    Post subject: Reply with quote

Does he have points already? I thought you could get up to 12 points on a provisional, and that the 6 point raping only starts once you have a full licence (another deterrent for noob's to do full licence).
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SirFallalot
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PostPosted: 14:02 - 02 Sep 2019    Post subject: Reply with quote

grr666 wrote:
Keep out of it and let him learn the hard way.

Adult part of me thinks this Twisted Evil , but that's not what friends are for. Wink
I've "hit him over the head" already, now I just what to know what his best options are from some people with more life and insurance experience than me.

bhinso wrote:
Does he have points already? I thought you could get up to 12 points on a provisional, and that the 6 point raping only starts once you have a full licence (another deterrent for noob's to do full licence).

He doesn't. It's my understanding, but it's not crystal clear. This is from the gov:

Quote:
Points on your provisional licence
Any penalty points on your provisional licence that have not expired will be carried over to your full licence when you pass your test. However, your licence will be cancelled if you get any further penalty points that take you up to a total of 6 or more within 2 years of passing your driving test.

https://www.gov.uk/penalty-points-endorsements/new-drivers

Doesn't explicitly say that you have 6 points before your test, just after...


Last edited by SirFallalot on 14:09 - 02 Sep 2019; edited 3 times in total
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Riejufixing
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PostPosted: 14:03 - 02 Sep 2019    Post subject: Re: Some sociolegal advice for my stupid friend.... Reply with quote

TheWhiteBaron wrote:
So I have a friend who has just effec up big time by simply not being responsible...

It sounds as if the best thing that he could do is make sure that the claim by the other party is rebuffed, and that he cooperates with the court to get the minimum penalty by admitting no insurance (and passing on excuses^Wmitigating circumstances if any) without delay.
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bhinso
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PostPosted: 14:47 - 02 Sep 2019    Post subject: Reply with quote

TheWhiteBaron wrote:
bhinso wrote:
Does he have points already? I thought you could get up to 12 points on a provisional, and that the 6 point raping only starts once you have a full licence (another deterrent for noob's to do full licence).

He doesn't. It's my understanding, but it's not crystal clear. This is from the gov:

Quote:
Points on your provisional licence
Any penalty points on your provisional licence that have not expired will be carried over to your full licence when you pass your test. However, your licence will be cancelled if you get any further penalty points that take you up to a total of 6 or more within 2 years of passing your driving test.

https://www.gov.uk/penalty-points-endorsements/new-drivers

Doesn't explicitly say that you have 6 points before your test, just after...


Exactly. It can be detrimental to do the licence in some cases. This, in conjunction with restriction rules, is encouraging people to stay on Loser plates.
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SirFallalot
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PostPosted: 14:52 - 02 Sep 2019    Post subject: Reply with quote

bhinso wrote:

Exactly. It can be detrimental to do the licence in some cases. This, in conjunction with restriction rules, is encouraging people to stay on Loser plates.


So provision definitely has 12 points?
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Ste
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PostPosted: 15:26 - 02 Sep 2019    Post subject: Reply with quote

If he ended up on their bonnet then there's going to be more damage to the car then just a wheel trim so if he wants you to be able to help him then he needs to stop being economical with the truth.

Provisional gets revoked when you reach 12 points. But are the police even involved? Confused

He went into the drivers side of the car? Before details get forgotten, he should make as many notes as possible about what happened as well as draws sketches to show who was where etc.

When buying tax (better known as VED) online, doesn't it check the MID database?
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SirFallalot
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PostPosted: 16:24 - 02 Sep 2019    Post subject: Reply with quote

Ste wrote:
If he ended up on their bonnet then there's going to be more damage to the car then just a wheel trim so if he wants you to be able to help him then he needs to stop being economical with the truth.

Provisional gets revoked when you reach 12 points. But are the police even involved? Confused

He went into the drivers side of the car? Before details get forgotten, he should make as many notes as possible about what happened as well as draws sketches to show who was where etc.

When buying tax (better known as VED) online, doesn't it check the MID database?


The damage was my observation from the photos he took. The car perpendicular to the main road but slightly twisted to turn right, with the rear wheel still in the give away line, with the trim handing off and, okay zooming in I can see a small bump on the wing/bonnet, and the bike on it's side before the car between position 2 and 3.

Police wasn't involved.

He's honest and not hiding anything (until now lol), but just a plain chump sometimes as we can be seen Laughing

I'd post a pic but unsure of how wise that is. This is a close drawing.

https://i.ibb.co/LrfxX4B/Whats-App-Image-2019-09-02-at-4-21-12-PM.jpg
free image hosting
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Ste
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PostPosted: 16:51 - 02 Sep 2019    Post subject: Reply with quote

With no police involvement I estimate that he'll get zero points and will be fined approximately zero pounds.

As for what to do now, I'm 50% ignore the letter and 50% reply to the letter (or possibly to the driver) saying without prejudice that he doesn't agree that it was his fault as is shown by the photos and a diagram of the scene which clearly shows they pulled out in front of him and so it was their fault.

Thinking

Was it an expensive car?

I wouldn't bother posting photos at the moment, your high quality diagram gives the gist of what happened and right now, there's nothing which identifies him in any incriminating way.
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SirFallalot
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PostPosted: 17:32 - 02 Sep 2019    Post subject: Reply with quote

Ste wrote:
With no police involvement I estimate that he'll get zero points and will be fined approximately zero pounds.

As for what to do now, I'm 50% ignore the letter and 50% reply to the letter (or possibly to the driver) saying without prejudice that he doesn't agree that it was his fault as is shown by the photos and a diagram of the scene which clearly shows they pulled out in front of him and so it was their fault.

Thinking

Was it an expensive car?

I wouldn't bother posting photos at the moment, your high quality diagram gives the gist of what happened and right now, there's nothing which identifies him in any incriminating way.


That sounds more hopeful.
Not very expensive, 10 years old hatchback, 2 to 5k from a quick search.

My initial thoughts were to contact the driver to cancel the claim or otherwise reason, but I doubt they would agree as the driver told my friend it was 50/50, so I think I'll reply to the email on the letter with the photos, and get my friend to get some damned insurance before any of them go on the MID website.

As always, thanks for the help Ste.
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Ste
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PostPosted: 17:49 - 02 Sep 2019    Post subject: Reply with quote

Please do note that my posts are just my opinion, I have no qualifications or experience in this stuff so don't blame me if anything I suggest causes things to go badly wrong. Laughing

They'll already have been on the MIB website, whoever is dealing with their claim has no reason to report it to the police, especially when it would draw attention to their client driving without due care and attention.

I can't think of a good way to phrase it but as the driver said something about it being 50:50 means they admitted fault. Quite how they think them pulling out in front of your mate is 50% his fault I don't know. Laughing

If your mate replies to them then I'd expect to receive a reply quite quickly saying something to the extent of "please pass this to your insurance company for them to deal with etc etc etc" which would mean he'll need to admit that he wasn't insured when their client pulled out in front of him.

Him not being insured is a separate matter to the car pulling out in front of him.
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Polarbear
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PostPosted: 18:29 - 02 Sep 2019    Post subject: Reply with quote

Ste wrote:


When buying tax (better known as VED) online, doesn't it check the MID database?


Not anymore because how would you instantly buy tax online when you have just bought a vehicle. Insurance usually takes a few days to show on MIB.
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1198
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PostPosted: 18:52 - 02 Sep 2019    Post subject: Reply with quote

I’d try Pepipoo. Get (him) expert advice!
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Johnnythefox
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PostPosted: 21:30 - 02 Sep 2019    Post subject: Reply with quote

New drivers/riders get licence revoked (banned) for SIX or more points in first two years from passing test.

In addition to losing a licence new drivers have to redo/pass relevant theory and practical tests again.

https://www.gov.uk/penalty-points-endorsements/new-drivers
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martin734
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PostPosted: 21:53 - 02 Sep 2019    Post subject: Reply with quote

Johnnythefox wrote:
New drivers/riders get licence revoked (banned) for SIX or more points in first two years from passing test.

In addition to losing a licence new drivers have to redo/pass relevant theory and practical tests again.

https://www.gov.uk/penalty-points-endorsements/new-drivers

O/P says the guy doesn't have a full licence, only provisional so the six point rule doesn't apply.
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doggone
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PostPosted: 10:02 - 03 Sep 2019    Post subject: Reply with quote

It might not be too late to contact the driver and offer a reasonably generous payment to forget it (£1000?). If it ends up in court case etc he'll be down a lot more than that.
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dynax
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PostPosted: 10:15 - 03 Sep 2019    Post subject: Reply with quote

Sorry to be blunt but if he isn't competent enough to be legal, he deserves all he gets and shouldn't be on the road Rolling Eyes
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Ste
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PostPosted: 16:07 - 03 Sep 2019    Post subject: Reply with quote

doggone wrote:
It might not be too late to contact the driver and offer a reasonably generous payment to forget it

Pay them to forget about the fact they pulled out in front of him? Confused
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doggone
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PostPosted: 16:27 - 03 Sep 2019    Post subject: Reply with quote

Ste wrote:
doggone wrote:
It might not be too late to contact the driver and offer a reasonably generous payment to forget it

Pay them to forget about the fact they pulled out in front of him? Confused

I don't think you can buy backdated insurance cover though Rolling Eyes
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Ste
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PostPosted: 16:40 - 03 Sep 2019    Post subject: Reply with quote

Luckily, at this point it's in neither parties interest to bring anything to the attention of the police.
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A100man
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PostPosted: 23:33 - 03 Sep 2019    Post subject: Reply with quote

doggone wrote:
[
I don't think you can buy backdated insurance cover though Rolling Eyes


Pah, computers, it was a piece of piss in the 80s.
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A100man
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PostPosted: 23:40 - 03 Sep 2019    Post subject: Reply with quote

This is a going to be a big bluff. But I do think he first needs to get some insurance pronto.

Step 2 rebuff any claims of fault strenuously by phone if possible. if the other part y remain persistent then threaten to involve the rozzers and that of course is the bluff.

Failure to settle the matter between yourselves may end up with perverting the course of justice or some such.. so on your (his) own head be it if you decide upon this route.
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Ste
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PostPosted: 00:04 - 04 Sep 2019    Post subject: Reply with quote

A100man wrote:
This is a going to be a big bluff. But I do think he first needs to get some insurance pronto.

Step 2 rebuff any claims of fault strenuously by phone if possible. if the other part y remain persistent then threaten to involve the rozzers and that of course is the bluff.

By phone? Confused

Making idle threats makes you look weak. And stupid. The police do not get involved with apportioning blame in insurance claims because it's nothing to do with them.

He doesn't need to say much in his letter as the photos of the crash scene along with a diagram is what's important.

A100man wrote:
Failure to settle the matter between yourselves may end up with perverting the course of justice or some such.. so on your (his) own head be it if you decide upon this route.

WTF? Laughing Laughing Laughing
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