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Already phoned Citizens advice, said they cant help but put me through to two different solicitors who they said were free, turns out they are free if your making a claim, but not defending one. Lots of use there then. 101 wouldn't help me either, as its a civil matter.

Last year i had an accident on the M27 in my work van. It was my fault. I tried to ring my employer at the time for the insurance details but i couldn't reach him. So i gave the two people my details, his details and the company's details. After getting back to the office and explaining what happened he said its okay and he will sort it.

A month later and the company went bust, and i got made redundant. About 2-3 months after that i get a letter from the MIB stating that unless i provide insurance details they will try to recover the money from me. A phone call to the old boss was met with the same reply "give them my details and ill sort it"

A year later now and i've just received a letter from solicitors acting on behalf of the MIB stating that if i don't pay the £5700.00 with seven days then court proceedings will follow.

I always though it was the employers responsibility to ensure all company vehicles were insured and legal. i mean do they really expect all people with company vans/cars to ring an insurance company every morning to check whether its insured before going to work? i don't think so.

I also found this from the Road traffic act 1988.

“Compulsory insurance or security against third-party risks

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 [F1or other public place] 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 [F2or other public place] 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.”

Does this not confirm my thoughts? I know it only says i cannot be convicted of this offence, but surely this means i cannot be held liable also, since i have done nothing wrong in the eyes of the law.

I'm confused, My heads hurts.

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Bumps for some advice? If any?

[J]

I think Nys is your man.

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I think Nys is your man.

Who's that buddy?

[dutch]

I think Nys is your man.

Who's that buddy?

Local plod.

Cant see how you could be liable mate.

[Kenny]

I would post a thread on the Speed, Plod and the Law section of Pistonheads. Don't think it's something that the police can give you much advice about, as you already said, it's a civil matter. Plenty of lurking Lawyers in that section though that will be able to point you in the right direction.

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Thanks kenny will do.

I've also booked an appointment with a solicitor on Monday to explain my situation and get some advice.

[FireBIade2]

Hmm it's a bit of a grey area. I think by law you are supposed to give your insurance details at the time or within reason asap after an accident. Also the driver has to make sure the vehicle is insured for them to drive it. Quite a few employees getting shafted by their employers over this.

If your boss is withholding this information maybe you weren't insured to drive it...

[Sedge]

Hang on... MIB asking you who you were insured with? They maintain the list with that information in. Surely if you give them the index of the van they can tell you all the details?

[tabblink]

I've done a check and the van did not appear as insured on the dadabase on that date, however, this does not mean it wasn't insured. If I can find the company and the details I'm fine but I do strongly suspect it wasn't insured.

In any case, yes I should have asked to seen the insurance documents but I had Been driving the company can for a year with no issues up to that point, never got pulled or anything. Even if I did see the documents, what's to stop my boss not keeping up with the instalments and getting the insurance cancelled. It would make no difference.

You can't seriously be suggesting that it's MY duty, that every time I am about to take a trip in a work van I ring said insurance company just to make sure I'm still insured? That's just stupid.

[yella]

whilst it is the drivers responsibilty to ensure they are covered ont he flip side the employer has a duty of care to provide insurance to the employee, appropriate training in the use of the vehicle and a full risk assesment at the same time of that persons ability to drive.

unfortunately i think you are going to need to speak to a solicitor on this fact. try CAB first and they may refer you to an appropriate solicitor. Try to get one with a free a consultation service or cheap inital meet fee.

Do this straight away, but in the meantime i would probably write a letter ( recorded post only) referring them on to your employer and address details of them. Whilst they are bust the last known address details will be enough or to the administrators of that company. Don;t admit anything, don;t argue anything yet in letter or verbal until you have sought professioanl advice.

but do not bury your head in the sand and hope it goes away.

it sounds like you will be ok, but just need the right advice as i doubt this is a one off case and will have happend lots of time in the past

[yella]

You can't seriously be suggesting that it's MY duty, that every time I am about to take a trip in a work van I ring said insurance company just to make sure I'm still insured? That's just stupid.

yes he's right it is, ignorance is no excuse. Most descent employers will issue all employees a drivers pack, which will include details of the insurance and a guide to how they use the vehicles.

[mjhamilton]

You can't seriously be suggesting that it's MY duty, that every time I am about to take a trip in a work van I ring said insurance company just to make sure I'm still insured? That's just stupid.

yes he's right it is, ignorance is no excuse. Most descent employers will issue all employees a drivers pack, which will include details of the insurance and a guide to how they use the vehicles.

Same applies to road tax and mot.... If you are driving a works van with either expired you are the one liable for the fine and points - this would also apply to tyres below the legal limit

In fact every time you get behind the wheel of any vehicle it is your responsibility to make sure everything is in order and the car is road worthy

In this case I would suggest sending an official recorded letter to the former employer or email and get something in writing in return - then legal action may be required... In the meantime you will need to settle the fine as this is your liability as it was your accident

[tabblink]

You can't seriously be suggesting that it's MY duty, that every time I am about to take a trip in a work van I ring said insurance company just to make sure I'm still insured? That's just stupid.

yes he's right it is, ignorance is no excuse. Most descent employers will issue all employees a drivers pack, which will include details of the insurance and a guide to how they use the vehicles.

Same applies to road tax and mot.... If you are driving a works van with either expired you are the one liable for the fine and points - this would also apply to tyres below the legal limit

In fact every time you get behind the wheel of any vehicle it is your responsibility to make sure everything is in order and the car is road worthy

In this case I would suggest sending an official recorded letter to the former employer or email and get something in writing in return - then legal action may be required... In the meantime you will need to settle the fine as this is your liability as it was your accident

So you would happily hand over nearly £6000 of your money without fighting?

Get real.

[yella]

You can't seriously be suggesting that it's MY duty, that every time I am about to take a trip in a work van I ring said insurance company just to make sure I'm still insured? That's just stupid.

yes he's right it is, ignorance is no excuse. Most descent employers will issue all employees a drivers pack, which will include details of the insurance and a guide to how they use the vehicles.

Same applies to road tax and mot.... If you are driving a works van with either expired you are the one liable for the fine and points - this would also apply to tyres below the legal limit

In fact every time you get behind the wheel of any vehicle it is your responsibility to make sure everything is in order and the car is road worthy

In this case I would suggest sending an official recorded letter to the former employer or email and get something in writing in return - then legal action may be required... In the meantime you will need to settle the fine as this is your liability as it was your accident

So you would happily hand over nearly £6000 of your money without fighting?

Get real.

no, i'd post it up on a forum,

the advice is there take it if you want

[tabblink]

You can't seriously be suggesting that it's MY duty, that every time I am about to take a trip in a work van I ring said insurance company just to make sure I'm still insured? That's just stupid.

yes he's right it is, ignorance is no excuse. Most descent employers will issue all employees a drivers pack, which will include details of the insurance and a guide to how they use the vehicles.

Same applies to road tax and mot.... If you are driving a works van with either expired you are the one liable for the fine and points - this would also apply to tyres below the legal limit

In fact every time you get behind the wheel of any vehicle it is your responsibility to make sure everything is in order and the car is road worthy

In this case I would suggest sending an official recorded letter to the former employer or email and get something in writing in return - then legal action may be required... In the meantime you will need to settle the fine as this is your liability as it was your accident

So you would happily hand over nearly £6000 of your money without fighting?

Get real.

no, i'd post it up on a forum,

the advice is there take it if you want

Funny. Thankyou for contributing.

[mjhamilton]

yes he's right it is, ignorance is no excuse. Most descent employers will issue all employees a drivers pack, which will include details of the insurance and a guide to how they use the vehicles.

Same applies to road tax and mot.... If you are driving a works van with either expired you are the one liable for the fine and points - this would also apply to tyres below the legal limit

In fact every time you get behind the wheel of any vehicle it is your responsibility to make sure everything is in order and the car is road worthy

In this case I would suggest sending an official recorded letter to the former employer or email and get something in writing in return - then legal action may be required... In the meantime you will need to settle the fine as this is your liability as it was your accident

So you would happily hand over nearly £6000 of your money without fighting?

Get real.

no, i'd post it up on a forum,

the advice is there take it if you want

Funny. Thankyou for contributing.

If you don't pay the fine then the chances are you will be doing the time

Remember the offence and liability lies with you so you are responsible for paying in the eyes of the law

Your employer is simply covering your arse with a policy.. He steps away then you are still liable...

The offence liability is with you and you must pay it is just a matter of where the money comes from....

If it were me I would pay to remove the risk of further action and then take the company to court to get my money back....

You wanted advice don't get arsey when it is not what you want to hear

How about... Ignore the payment, Bury your head and hope it goes away... Is that what you want to hear?... In 6 months time you will be posting up complaining that they now want double

[tabblink]

no need to be like that

I genuinely asked for advice, of course I know I can pay the 6k and make it go away, but I don't think I am Kia le to do so.

And the question I asked you was. Would you just part with 6k without fighting?

[mjhamilton]

So you would happily hand over nearly £6000 of your money without fighting?

Get real.

no, i'd post it up on a forum,

the advice is there take it if you want

Funny. Thankyou for contributing.

If you don't pay the fine then the chances are you will be doing the time

Remember the offence and liability lies with you so you are responsible for paying in the eyes of the law

Your employer is simply covering your arse with a policy.. He steps away then you are still liable...

The offence liability is with you and you must pay it is just a matter of where the money comes from....

If it were me I would pay to remove the risk of further action and then take the company to court to get my money back....

You wanted advice don't get arsey when it is not what you want to hear

How about... Ignore the payment, Bury your head and hope it goes away... Is that what you want to hear?... In 6 months time you will be posting up complaining that they now want double

no need to be like that.

I genuinely asked for advice, of course I know I can pay the 6k and make it go away, but I don't think I am Kia le to do so.

And the question I asked you was. Would you just part with 6k without fighting?

I would pay the £6k that I am liable for... Yes

Then I would fight to get the money back

[dutch]

This is really a poo situation you're in mate, is always the little man that gets hammered.