I am a named driver on my flatmate’s insurance for his car. He lent me the car to drive to work, both of us under the impression that I was covered. However, his insurance had lapsed 2 months earlier (his dad had offered to pay it and then forgotten). I got pulled by the police driving the car and given 6 points and a £200 fine.
My question is this: is it my responsibility as the driver at the time, or the car and policy owner to ensure that the policy is valid? Do I have any defence regarding the points (previously I had a clean licence)?
It is your responsibility but the court may agree that you were under the genuine and reasonable misapprehension that you were insured. If the court feels that you were then you maybe able to convince them to find special reasons and not put any penalty points on your driving licence.
You would have to reject the fixed penalty offer and ask for a court hearing though and there is a small risk that you would get higher fines and court costs if you lose the argument. You would need your friends father to confirm that he was responsible for sorting out the cover.