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 risksDoes 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.
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.”
I'm confused, My heads hurts.