Driving

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   18/05/2008, 12:44
woolybanana'sbrother is not online. Last active: 20/07/2008 20:58:25 woolybanana'sbrother

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Re: Please help.......insurance quandry
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Funny, I thought that was the job of the magistrate.
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   18/05/2008, 12:51
opas is not online. Last active: 15/11/2008 12:11:23 opas

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Re: Please help.......insurance quandry
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Big Smile [:D]

 

Never been to court myself, except on jury sevice about 30 years ago.

So what if the powers that be tomorrow are using the same bit of mis-information that the police have obviously used?

I do not see some magistrate reading our forum today and then using that in court tomorrow, How do they get the clear cut answer and where do they get it from.....because I want to see that same bit of info.

I am so frustrated . I know I should not leave the house for fear that I miss an important call....but I feel some fresh air is needed now.


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   18/05/2008, 12:53
woolybanana'sbrother is not online. Last active: 20/07/2008 20:58:25 woolybanana'sbrother

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Re: Please help.......insurance quandry
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solicitor should help
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   18/05/2008, 13:00
Puzzled is not online. Last active: 03/09/2008 09:27:38 Puzzled

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Re: Please help.......insurance quandry
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A Sunday solicitor will probably be just a solicitor's runner with little legal experience and even less knowledge of EU law.  Best chance of finding answers today is probably going to come from this forum.  I wonder is Makfai could help?

I don't think it will be the end of it tomorrow, unless Mr O pleads guilty and I am not convinced that the police have got it right on this occasion.

Do you have any of the insurance documents to hand Opas and does it mention driving abroad ? The fact that Mr Opas is working doesn't mean that he still isn't a visitor.


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   18/05/2008, 13:05
woolybanana'sbrother is not online. Last active: 20/07/2008 20:58:25 woolybanana'sbrother

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Re: Please help.......insurance quandry
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Fax from insurance company might help
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   18/05/2008, 13:12
cooperlola is not online. Last active: 09/11/2008 17:04:05 cooperlola



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Re: Please help.......insurance quandry
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When you speak to your o/h, I would also find out who the solicitor is and try to get some info' to them, as - as Puzzled says - it's unlikely they'll be up to speed on the ins and outs of European law.

 

Here's the insurance stuff, and it seems to me to confirm that your o/h is not in the wrong:

http://ec.europa.eu/youreurope/nav/en/citizens/living/car/insurance/index_en.html


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   18/05/2008, 13:13
Boiling a frog is not online. Last active: 18/11/2008 15:21:14 Boiling a frog



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Re: Please help.......insurance quandry
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Here is advice from the Motor insurance Bureau for police

Visiting Motorists – Information for Police

 

The points and summary chart below are intended to provide a brief guide to the insurance position on foreign registered vehicles and UK vehicles with foreign insurance.

 

The chart will be completed as information becomes available.

 

Foreign Vehicles

 

          A Green Card on a foreign registered vehicle – This provides evidence that the third party liability cover required by law is in force. However for visitors from the EU and certain other countries a Green Card is not legally required. A Certificate of Insurance or equivalent may provide proof of insurance. For further information please see the chart below.

 

          If no documents are produced some countries allow general access to their insurance database – see chart.

 

          Many European policies cover any driver even if not named on the documents. There is no driving other vehicles extension.

 

          It is an offence not to re-register the vehicle if it is in the UK in excess of 6 months within a 12 months period. If there is an intention to reside permanently in the UK from the outset, the vehicle should be re-registered immediately (See also the “Visitors to the UK” area.

 

          In some European countries, for example Poland, if the vehicle is sold, there is a legal obligation to transfer the insurance to the new owner.

 

UK Registered Vehicle – Foreign Insurance

 

General Position

 

          The insurance may have been obtained and provided in good faith but it does not comply with Section 145 of the Road Traffic Act 1988 unless the insurer complies with the following criteria:

 

-           Cover on a UK vehicle should only be given by an authorised insurer who is approved under the Financial Services and Markets Act 2000 and who is a member of MIB - Section 145(5) of the Road Traffic Act refers.

 

-          If the insurance company is not a member of MIB the third party liability insurance does not comply the law here.

 

UK Vehicles being exported

 

There is an exemption from the general position following the implementation of the 5th Motor Insurance Directive into UK Law.

 

If a UK vehicle is being exported to another EEA state (the EEA comprises EU countries plus Iceland, Norway and Liechtenstein), an insurer in that state can give cover on the vehicle for 30 days, to allow it to be taken to that state and re-registered there.

 

The risk is assumed by the insurer in the member state of destination of the vehicle being imported, who will ultimately be responsible for compensation in respect of any accidents occurring during the 30 day period".

  

The enclosed link provides further information:

 

http://www.opsi.gov.uk/si/si2007/uksi_20072403_en.pdf

 

 

Accident with a foreign motorist

 

          If the insurer’s name is known check the MIB website for any Green Card agents who will handle the claim on behalf of the foreign insurer.

 

          If the insurer’s name is not known contact the MIB’s Green Card Department on 01908 830001.

 

          If the accident involves a foreign lorry take the registration number from the front of vehicle (there may be a different number on the trailer) as well as the policy and Green Card numbers.

 

          For security reasons we can’t reproduce a Green Card here. However the numbered boxes relate as follows:

 

o 3 - Validity dates

o 4 - Green Card number

o 5 - Registration or chassis number

o 6 – Category and make of vehicle

o 7 - Policyholder and user name and address

o 8 - Insurer’s name

 

For details of arrangements for individual countries please see the chart.


 

 

Country

Green card essential

Policy contract covers any authorised driver

Insurance transfers with sale of vehicle

Website for insurance check

(if applicable)

Signatory to Multilateral Agreement*

Albania

Yes

 

 

 

No

Andorra

No

Yes

No

 

Yes

Austria

No

 

 

www.vvo.at

 

Yes

Belarus

Yes

Yes

No

 

No

Belgium

No

Yes

Only for 16 days and subject to strict conditions

 

Yes

Bosnia & Herzegovina

Yes

 

 

http://www.bzkbih.ba/en/stream.php?kat=101

No

Bulgaria

No

 

 

 

Yes

Croatia

No

 

 

www.huo.hr

 

Yes

Cyprus

No

No

No

 

Yes

Czech Rep

No

Yes

No

www.ckp.cz

 

Yes

Denmark

No

Yes

No

 

Yes

Estonia

No

 

 

www.lkf.ee

 

Yes

F.Y.R.O.M.

Yes

Yes

Yes

http://www.nibm.com.mk/advanced_searchbox_en.php

No

Finland

No

Yes

Only for 7 days

 

Yes

France

No

Yes

No

 

Yes

Germany

No

Yes

Yes

 

Yes

Greece

No

Yes

No

 

Yes

Hungary

No

Yes

No

 

Yes

Iceland

No

Yes

Only for 14 days

 

Yes

Ireland

No

No

No

 

Yes

Islamic Rep Of Iran

Yes

 

 

 

No

Israel

Yes

 

 

 

No

Italy

No

Yes

Possible

 

Yes

Latvia

No

Yes

No

www.ltab.lv/en/infosys/default.htm

Yes


 

Country

Green card essential

Policy contract covers any authorised driver

Insurance transfers with sale of vehicle

Website for insurance check

(if applicable)

Signatories to Multilateral Agreement*

Lithuania

No

Yes

Yes although new owner must advise insurers within 15 days

www.cab.lt

 

Yes

Luxembourg

No

Yes

No

 

Yes

Malta

No

Can be any driver with age restrictions

No

 

Yes

Moldova

Yes

 

 

 

No

Morocco

Yes

 

 

 

No

Netherlands

No

Yes

No

 

Yes

Norway

No

Yes

No

 

Yes

Poland

No

Yes

Yes

 

Yes

Portugal

No

 

 

www.isp.pt 

Yes

Romania

No

 

 

www.cedam.csa-isc.ro

 

Yes

Serbia & Montenegro

Yes

Yes

Yes

 

No

Slovak Rep

No

Yes

No

www.skp.sk

Yes

Slovenia

No

Yes

No

www.zav-zdruzenje.si

 

Yes

Spain

No

Yes

No

 

Yes

Sweden

No

Yes

No

 

Yes

Switzerland

No

Yes

No

 

Yes

Tunisia

Yes

 

 

 

No

Turkey

Yes

Yes

Yes

 

No

Ukraine

Yes

 

 

 

No

 

* The Multilateral Agreement is an agreement between Bureaux where each Bureau guarantees the cost of claims involving vehicles normally based in its country on the basis of a valid registration plate.

 

 

 

 

 

 

 


 

 

 

 


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   18/05/2008, 13:17
Cat is not online. Last active: 17/11/2008 14:43:45 Cat



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Re: Please help.......insurance quandry
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Could you phone the police again, and ask them for the name of the solicitor, and a contact number for him/her?  It would save you having to wait until tonight.

Just a thought, is the driving licence a French one as well, or is it still a UK one, as that could pose problems if you have no UK address?


Cathy


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   18/05/2008, 13:19
cooperlola is not online. Last active: 09/11/2008 17:04:05 cooperlola



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Re: Please help.......insurance quandry
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If this drags on, then there are bodies who can help you with the enforcement of European law:

III. HOW TO GET YOUR RIGHTS RECOGNISED AND ENFORCED

If you consider that national, regional or local authorities have wrongly interpreted your rights under Community law, or that they have discriminated against you or members of your family, you should assert your rights by complaining to the administration concerned. If you are not satisfied with the response, there are other ways to enforce your rights.

You may first need personalised advice on your European Union rights. For this, you can contact the Citizens Signpost Service, a fast and effective advice service which is provided free of charge in all official languages of the European Union. The legal experts of this service will provide practical information and advice on your rights and signpost you to the most appropriate body at European or national level which can assist you in solving the problem.

For more information on Citizens Signpost Service, please consult the following pages: http://ec.europa.eu/citizensrights/front_end/index_en.htm

If your case has a cross-border element you can submit it to your national SOLVIT Centre. SOLVIT is a network of national problem solving centres created and supervised by the European Commission. SOLVIT deals with cross-border problems caused by incorrect application of EU rules by public authorities. It aims to find practical information within ten weeks and is free of charge. For further information on how to submit a case, see: http://europa.eu/solvit.

You may also decide to start a more formal procedure at national level.  National courts must ensure that rights based on Community law are respected and, where necessary, set aside any measure which infringes it. They may also award you compensation.

Furthermore, there are also ways of raising your case more formally at Community level.

Firstly, you can complain to the European Commission (see http://ec.europa.eu/secretariat_general/sgb/lexcomm/ ). If the Commission considers your complaint well-founded, it can contact the national authorities concerned to ask for an explanation and to request that the infringement of Community law be terminated. If the Commission is not satisfied with the response of the national authorities, it can open infringement proceedings against the country concerned. This may lead to the case being referred to the European Court of Justice in Luxembourg. Be aware that such procedures may take a very long time and that SOLVIT may be able to help you a lot faster.

You may also present a petition to the European Parliament (see http://www.europarl.europa.eu/parliament/public/petition/submit.do) or raise your complaint with a Member of the European Parliament, who can put questions to the Commission and the Council. Their reply to the question must be made public.

You can also contact the European Ombudsman (see http://www.ombudsman.europa.eu), but only if your complaint concerns administrative irregularities or omissions by one of the Community institutions (e.g. the European Parliament, the Council or the European Commission), or by any decentralised body of the Community (e.g. the European Training Foundation). The European Ombudsman cannot deal with complaints concerning national or local administrations.


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