Motoring case : Special Reasons argument succeeds

Our client in this case was a self employed motor trader and had previously worked as a flood damage assessor. He still did occasional flood assessment work.

On applying online for insurance he had completed the question regarding his business/employment as “motor trader”. He did not add a subsidiary that he occasionally did flood assessment work.

On the day in question he was travelling in his works vehicle in relation to his motor trader work, to look at some alloy wheels which he had seen advertised, and en route he made a detour to check on a water loss job. It was during that detour that he was stopped by police who checked with his insurance company and the wording of the policy did not specifically cover him for flood damage work. The police initially did not seem particularly interested, but he subsequently received a postal summons to court and was liable to be disqualified under the totting up procedure if he received the usual 6 – 8 points for no insurance  .

Soon after being stopped our client arranged insurance with another company which covered all his business use of the vehicle at little or no extra cost.

When the case came to court we argued that there were special reasons why he should not be disqualified, namely that on that particular journey he was primarily travelling in connection with his motor trader work,and use for flood damage work was secondary. The court accepted this and did not endorse his licence.