Accident in company car but i wasent placed on company insurance?

[jordi]

Hi,
I recently had an accident in my company car that was my fault. But have sinced discovered that i am not covered under the company insurance due to being under 25. The company have told me verbally that this is an oversight by them.
Can anyone tell me where i stand legally, as i would never had driven the car if i knew i wasent insured to do so. Also, if i was not insured, would their insurance and personal injury insurance be directed at me. Even though this was a company oversight?
thanks,

[ned]

You need a lawyer.
Technically you're guilty of driving without insurance, but I dare say a decent brief might get the charges dropped.

[eliot]

Your the driver so its your responsibility, just hope your company stand by you and pay for the damage, if the police are involved they will prosecute you.

[gillian59]

You were at fault for driving your car without insurance.
If you were led to believe you were insured then you can sue your employer if they admit their error. Get an admission of their mistake in writing. They have public liability insurance and that may cover them being sued by the injured party or by you.

[crom]

Dave,

you will need a lawyer to fight this but you have a 'get out' clause and it will need your company to confirm to the court this was their oversight.

look at the Road Traffic Act 1988 Section 143

"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."

Subsection 3 is of note.
All those elements a,b,and c need to be in place and notice the onus of proof of this has now shifted to you.

Edit
sorry RTA to be found here - http://www.legislation.gov.uk/ukpga/1988/52/section/143

[syvwkh]

If it's a company car, and you were driving on their business with their permission and knowledge then the whole thing falls to the company. If you get any hassle for not insured the company will get the same or even more

[marlan43]

The onus is on you as a driver to make sure that all the documentation is valid every time you drive a car. That doesn't just apply to company cars. If you drive your mate's car or even your own car, you should be the one checking insurance, tax, MOT, roadworthiness, licence etc.

Only the magistrates can make the decision on how to proceed, but your employer may be able to speak in mitigation for you. However, legally, there is no blame on the company.

[stanciyf]

Ninco's answer is correct.

[ruddy]

It is a technicality but one that they could shove off onto you. I would get a lawyer ASAP and fight it. Don't let them place blame of lack of insurance on you.

Best of luck