Flashcards in Insurance Deck (10):
Is an insurance policy obtained through fraud still valid insurance?
Yes until voided by the insurer.
Must we prove awareness that there was no insurance?
No - no intent or knowledge required
However there is a defence of neither knowing nor had reason to believe that there was no insurance in force if using the vehicle in the course of employment.
Dave lends me his car to go to the shop. He says I would be covered through insurance. I am stopped. I am not. Offence?
He commits an offence, as do i. i can’t rely on the defence of neither knowing or believing that there was no insurance as it wasn’t during employment and not under contract of hiring or loan.
Employee insurance. Employee goes and picks up a friend, doing a two mile detour. Does this void their insurance?
Are police exempt from insurance?
Yes - police vehicles and vehicles used for police purposes are exempt. If an off duty officer uses a car for police purposes - no insurance required.
If i drive a car and I’m told there was insurance, can i rely on the defence?
Not unless it was driven for employment.
- the vehicle does not belong to me
- it was in my possession under a contract of hiring or loan
- i was using it in the course of employment
- i neither knew or had reason to believe there was no insurance
I wish to seize a car for no insurance after it fails to stop for me. Is it suspect, believe or know that they don’t have insurance?
RGB that the vehicle is or was being driven without insurance and a Constable in uniform required them to stop and they either failed to stop or didn’t stop long enough for me to make lawful enquiries i consider appropriate.
Can i seize a vehicle for no insurance in a dwelling?
Yes i have RGB that it was or has been driven
What steps need to be shown for someone to use the statutory defence for an employee using a vehicle without insurance?
1. he or she was not the owner of the vehicle
2. it was used in the course of his or her employment
3. he or she did not know or have any reason to believe that the vehicle was not insured.