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rollingstock wrote:^ Yes but only if that driver was culpable for the accident, in this case he's not.
I just love to see how 'intelligent' 2nrs just pull random 'facts' out their ass and render it law.
for real! a lot of police reports does get trumped by the ones submitted by private investigators lolzoom rader wrote:rollingstock wrote:^ Yes but only if that driver was culpable for the accident, in this case he's not.
I just love to see how 'intelligent' 2nrs just pull random 'facts' out their ass and render it law.
Half the time when police giving advice on law, and it goes before the courts it's get thrown out.
Judgement said.
No insurance means your car not lawful on the road . If the illegal car was not the road then there would be no accident.
That was the judgment given. This is no random facts.
In the UK you can't even park your car on public roads without insurance. Once you get caught, your car is impounded and then crushed. There is no fine for this, it ends up crushed.
megadoc1 wrote:
so what you saying is the man driving with out insurance on the nation roadway is more right than the legit driver?
megadoc1 wrote:one illegal car on the road got into an accident and yet allyuh want to brace the legit driver?..... yep seems logical
good now line that up against the two cases posted on here that were before judges, see how it worked out and tell me if what you saying make any sense ...or better yet find a case before a judge that turned out in favor of what you are saying and post it here88sins wrote:megadoc1 wrote:
so what you saying is the man driving with out insurance on the nation roadway is more right than the legit driver?
The driver without insurance IS guilty, but ONLY of operating a vehicle w/o insurance. And he should be charged for the offense accordingly by the police. The driver of the vehicle exiting the minor road onto the major road is also guilty, of NOT exercising caution when doing so, & thus causing the collision. If he did exercise due caution, said collision would've never occurred, & both drivers would've never made contact.
This kinda thing is not rocket science, or advanced theoretical physics. They are BOTH guilty, one of operating a vehicle sans insurance, the other of causing the collision, & in re who is liable to fix what, the one responsible for causing the collision is the one that is responsible for any repairs that may be needed.
don't nick pick! you still expecting that a man wake up a morning , starting it off on the wrong side of the law and not be made to pay for his actions , no one is arguing about which charges he should face,where the op is concerned this is now a civil matter this is no longer about right or wrong in the accident at hand ,its the fact that damage was cause due to illegal activity ....go back to the basics, if the man obeyed the law there won't be an accident!!! well at least for that day according to the OP driving skills88sins wrote:megadoc1 wrote:one illegal car on the road got into an accident and yet allyuh want to brace the legit driver?..... yep seems logical
First off, the vehicle itself was not illegal. The illegal act was operation of said vehicle on a public road without a valid certificate of insurance. And again I say that driver can & should be charged for this, and this offense ONLY.
Secondly, if the "legit driver" in their failure to show due caution had hit a vehicle that was insured, then that vehicle would been at fault too ent?
megadoc1 wrote:
good now line that up against the two cases posted on here that were before judges
megadoc1 wrote:its the fact that damage was cause due to illegal activity ....go back to the basics, if the man obeyed the law there won't be an accident!!! well at least for that day according to the OP driving skills
88sins wrote:megadoc1 wrote:
good now line that up against the two cases posted on here that were before judges
bring a link to the legal precedent that was set by that magistrate. if you don't have a link, either you or provide a case number or the plaintiff & respondents & I will be able to verify or disprove zr's postings.
If neither of those can be provided by either of you, then you & zr's mutual point bears no merit other than 2nr ole talk
As a civil matter in these types of cases, the fact that the vehicle was not uninsured does not absolve the other driver of his irresponsibility wrt not paying attention while operating his vehicle, & the uninsured cannot be held accountable for the other drivers negligence, since he did not directly cause said negligence in his actions of operating his vehicle without insurance.
No! but thats not the case so its in light of the fact that the other driver had no insurance the guy now have a valid civil case, that's all I have been trying to convey to you since my initial post! in the case I put forth the defendants tried to argue due caution and all those other stuff you are saying but if you look back to my post the judge said she eh going so far88sins wrote:megadoc1 wrote:its the fact that damage was cause due to illegal activity ....go back to the basics, if the man obeyed the law there won't be an accident!!! well at least for that day according to the OP driving skills
Actually, if the op had exercised due caution there wouldn't have been an accident, uninsured vehicle or not. If he had hit a vehicle that was insured, you think he'd have a valid civil case for damages?
you cant convince me otherwise, I have documents in my hand that shows such precedent, that's why I asked you to show one that supported what you were saying,I know for sure you wont get that88sins wrote:But believe what you wish, it ain't my wuk to convince you or anybody else, & Ihave better tings to do
rollingstock wrote:Hahahahaha
Common sense ain't so common, and understanding of the law is non existent.
fyi the police ascribing culpability in an accident is for internal use only, that's why insurance companies have adjusters.
If the police ascribe culpability to a certain driver that would be used to prosecute that driver for any road traffic offence that they would unearth.
BUT police have charged drivers that have won their matters and the court ascribe blame to the other party or judge fault by percentage, i.e one driver being 80% at fault and the other 20% or even 50/50 where both drivers are equally at blame etc.
Yet again magistrates decision have been contested at the High Court and overturned.
One decision by a magistrate doesn't stand for all cases in the same scenario, every magistrate may/can have a different opinion, only a Privy Council ruling may be cited as case law.
With all that said this is still a very simple matter, driver without insurance is guilty of that offence only, the other driver is liable for the accident despite the other driver not having insurance, all that means is that if that driver was at fault he would have been personally liable as he had no insurance in effect.
Take a read of the laws of T&T Chapter 48:51 ( Motor vehicle insurance (third party risks) act)would enlighten you.
breds the case I mentioned above was before a judge not a magistrate it was before judge Judith Jones ,furthermore, the driver in question was never charged by the police and that's another story by it self ...see how your arguments begin to fall apart again ? as far as the op stands this is now a civil matterrollingstock wrote:Hahahahaha
Common sense ain't so common, and understanding of the law is non existent.
fyi the police ascribing culpability in an accident is for internal use only, that's why insurance companies have adjusters.
If the police ascribe culpability to a certain driver that would be used to prosecute that driver for any road traffic offence that they would unearth.
BUT police have charged drivers that have won their matters and the court ascribe blame to the other party or judge fault by percentage, i.e one driver being 80% at fault and the other 20% or even 50/50 where both drivers are equally at blame etc.
Yet again magistrates decision have been contested at the High Court and overturned.
One decision by a magistrate doesn't stand for all cases in the same scenario, every magistrate may/can have a different opinion, only a Privy Council ruling may be cited as case law.
With all that said this is still a very simple matter, driver without insurance is guilty of that offence only, the other driver is liable for the accident despite the other driver not having insurance, all that means is that if that driver was at fault he would have been personally liable as he had no insurance in effect.
Take a read of the laws of T&T Chapter 48:51 ( Motor vehicle insurance (third party risks) act)would enlighten you.
this is total crap! if you want to go down this road I can show you lots of cases that will shut down this nonsense!rollingstock wrote:only a Privy Council ruling may be cited as case law
enlighten one about what exactly? lol hot air again! where or what information in this act u wish to convey to me in respect to this discussion?rollingstock wrote:Take a read of the laws of T&T Chapter 48:51 ( Motor vehicle insurance (third party risks) act)would enlighten you.
zoom rader wrote:rollingstock wrote:^ Yes but only if that driver was culpable for the accident, in this case he's not.
I just love to see how 'intelligent' 2nrs just pull random 'facts' out their ass and render it law.
Half the time when police giving advice on law, and it goes before the courts it's get thrown out.
Judgement said.
No insurance means your car not lawful on the road . If the illegal car was not the road then there would be no accident.
That was the judgment given. This is no random facts.
In the UK you can't even park your car on public roads without insurance. Once you get caught, your car is impounded and then crushed. There is no fine for this, it ends up crushed.
konartis wrote:zoom rader wrote:rollingstock wrote:^ Yes but only if that driver was culpable for the accident, in this case he's not.
I just love to see how 'intelligent' 2nrs just pull random 'facts' out their ass and render it law.
Half the time when police giving advice on law, and it goes before the courts it's get thrown out.
Judgement said.
No insurance means your car not lawful on the road . If the illegal car was not the road then there would be no accident.
That was the judgment given. This is no random facts.
In the UK you can't even park your car on public roads without insurance. Once you get caught, your car is impounded and then crushed. There is no fine for this, it ends up crushed.
And this is why all these lawyers ent know sheit when they get called to the bar and put in a court, the running england for their lec...
We dealing with trinidad laws and logic fool...not UK...
zoom rader wrote:konartis wrote:zoom rader wrote:rollingstock wrote:^ Yes but only if that driver was culpable for the accident, in this case he's not.
I just love to see how 'intelligent' 2nrs just pull random 'facts' out their ass and render it law.
Half the time when police giving advice on law, and it goes before the courts it's get thrown out.
Judgement said.
No insurance means your car not lawful on the road . If the illegal car was not the road then there would be no accident.
That was the judgment given. This is no random facts.
In the UK you can't even park your car on public roads without insurance. Once you get caught, your car is impounded and then crushed. There is no fine for this, it ends up crushed.
And this is why all these lawyers ent know sheit when they get called to the bar and put in a court, the running england for their lec...
We dealing with trinidad laws and logic fool...not UK...
I showed the comparison to relate how primitive Trini laws are.
Think about it ,your car has no insurance, then why is it on a public road .
Don't worry it will be introduced very soon.
rollingstock wrote:zoom rader wrote:konartis wrote:zoom rader wrote:rollingstock wrote:^ Yes but only if that driver was culpable for the accident, in this case he's not.
I just love to see how 'intelligent' 2nrs just pull random 'facts' out their ass and render it law.
Half the time when police giving advice on law, and it goes before the courts it's get thrown out.
Judgement said.
No insurance means your car not lawful on the road . If the illegal car was not the road then there would be no accident.
That was the judgment given. This is no random facts.
In the UK you can't even park your car on public roads without insurance. Once you get caught, your car is impounded and then crushed. There is no fine for this, it ends up crushed.
And this is why all these lawyers ent know sheit when they get called to the bar and put in a court, the running england for their lec...
We dealing with trinidad laws and logic fool...not UK...
I showed the comparison to relate how primitive Trini laws are.
Think about it ,your car has no insurance, then why is it on a public road .
Don't worry it will be introduced very soon.
I now reading that chit you post, what level of assholery you posting.
You even aware of the laws in the UK?
Yes we know you work there:? But clearly you're ignorant.
Our laws are closely modeled after the laws in the UK. Using a vehicle without insurance in the UK is similar to here wrt penalty, fixed penalty notice/summons, if impounded a fine and if you do not pay and claim your vehicle within a specified period it 'may' be destroyed.
8. Motor vehicle documentation and learner driver requirements
Documents
Driving licence. You MUST have a valid driving licence for the category of motor vehicle you are driving. You MUST inform the Driver and Vehicle Licensing Agency (DVLA) if you change your name and/or address.
Law RTA 1988 sects 87 & 99(4)
Holders of non-European Community licences who are now resident in the UK may only drive on that licence for a maximum of 12 months from the date they become resident in this country. To ensure continuous driving entitlement
a British provisional licence should be obtained and a driving test(s) passed before the 12-month period elapses, or
in the case of a driver who holds a licence from a country which has been designated in law for licence exchange purposes, the driver should exchange the licence for a British one.
MOT. Cars and motorcycles MUST normally pass an MOT test three years from the date of the first registration and every year after that. You MUST NOT drive a motor vehicle without an MOT certificate when it should have one. Exceptionally, you may drive to a pre-arranged test appointment or to a garage for repairs required for the test. Driving an unroadworthy motor vehicle may invalidate your insurance. From November 2012, motor vehicles manufactured before 1960 will be exempted from an MOT requirement, although they can still be submitted for a test voluntarily. Owners are still legally required to ensure their vehicle is safe and roadworthy.
Law RTA 1988 sects 45, 47, 49 & 53
Insurance. To use a motor vehicle on the road, you MUST have a valid insurance policy. This MUST at least cover you for injury or damage to a third party while using that motor vehicle. Before driving any motor vehicle, make sure that it has this cover for your use or that your own insurance provides adequate cover. You MUST NOT drive a motor vehicle without insurance. Also, be aware that even if a road traffic incident is not your fault, you may still be held liable by insurance companies.Law RTA 1988 sect 143
Uninsured drivers can now be automatically detected by roadside cameras. Further to the penalties for uninsured driving listed on page 126, an offender’s vehicle can now be seized by the Police, taken away and crushed. Law RTA 1988, sects 165a & 165b
magistrate yuh say? lol anyways A man reluctant to pay a lil under $2000 for a year's insurance gonna spend tens of thousands to head up to the privy council? that u want to see? BRB trying to order a pink elephant for you yo ,should be much easier to come bykonartis wrote:And the idiot quoting case law and all them sheit of the internet, you know what is the meaning of a case law?? Is what lawyers use in their submission to strengten their case...to show a magistrate that this happen already so yoy should do the same here...these cases are fought in the lower courts and has one result...appealed and sent the privy council and they overturned the ruling or ordered a re-trial...i really want to see a case with this circumstances
you have example of what u saying? is that final? and how would it relate to this discussion? was that case a matter of one party having no insurance like whats being discussed? the one I spoke about stopped at "no insurance? settle! another one here ended at "No insurance means your car not lawful on the road . If the illegal car was not on the road then there would be no accident" now all I am asking you to do is present one that support what u saying that's allkonartis wrote:Also....when a magistrate is makin the ruling and this is from my xperience...they always say one thing...
As a driver you must not and CANNOT anticipate the actions of another driver...
You know whats that means???
Dont say to urself he wud stop....
kjaglal76v2 wrote:OP stop listening to some of these men here eh!!!
YOU ARE NOT WRONG
the other had no insurance, therefore it not suppose to be on road..
zoom rader wrote:
There is NO specified period for chushing a car it will be destroyed.
UK police take pride in chushing your car once you get caught.8. Motor vehicle documentation and learner driver requirements
Documents
Driving licence. You MUST have a valid driving licence for the category of motor vehicle you are driving. You MUST inform the Driver and Vehicle Licensing Agency (DVLA) if you change your name and/or address.
Law RTA 1988 sects 87 & 99(4)
Holders of non-European Community licences who are now resident in the UK may only drive on that licence for a maximum of 12 months from the date they become resident in this country. To ensure continuous driving entitlement
a British provisional licence should be obtained and a driving test(s) passed before the 12-month period elapses, or
in the case of a driver who holds a licence from a country which has been designated in law for licence exchange purposes, the driver should exchange the licence for a British one.
MOT. Cars and motorcycles MUST normally pass an MOT test three years from the date of the first registration and every year after that. You MUST NOT drive a motor vehicle without an MOT certificate when it should have one. Exceptionally, you may drive to a pre-arranged test appointment or to a garage for repairs required for the test. Driving an unroadworthy motor vehicle may invalidate your insurance. From November 2012, motor vehicles manufactured before 1960 will be exempted from an MOT requirement, although they can still be submitted for a test voluntarily. Owners are still legally required to ensure their vehicle is safe and roadworthy.
Law RTA 1988 sects 45, 47, 49 & 53
Insurance. To use a motor vehicle on the road, you MUST have a valid insurance policy. This MUST at least cover you for injury or damage to a third party while using that motor vehicle. Before driving any motor vehicle, make sure that it has this cover for your use or that your own insurance provides adequate cover. You MUST NOT drive a motor vehicle without insurance. Also, be aware that even if a road traffic incident is not your fault, you may still be held liable by insurance companies.Law RTA 1988 sect 143
Uninsured drivers can now be automatically detected by roadside cameras. Further to the penalties for uninsured driving listed on page 126, an offender’s vehicle can now be seized by the Police, taken away and crushed. Law RTA 1988, sects 165a & 165b
https://www.gov.uk/rules-drivers-motorcyclists-89-to-102/motor-vehicle-documentation-and-learner-driver-requirements
In the UK you can't even park your car on public roads without insurance. Once you get caught, your car is impounded and then crushed. There is no fine for this, it ends up crushed.
rollingstock wrote:zoom rader wrote:
There is NO specified period for chushing a car it will be destroyed.
UK police take pride in chushing your car once you get caught.8. Motor vehicle documentation and learner driver requirements
Documents
Driving licence. You MUST have a valid driving licence for the category of motor vehicle you are driving. You MUST inform the Driver and Vehicle Licensing Agency (DVLA) if you change your name and/or address.
Law RTA 1988 sects 87 & 99(4)
Holders of non-European Community licences who are now resident in the UK may only drive on that licence for a maximum of 12 months from the date they become resident in this country. To ensure continuous driving entitlement
a British provisional licence should be obtained and a driving test(s) passed before the 12-month period elapses, or
in the case of a driver who holds a licence from a country which has been designated in law for licence exchange purposes, the driver should exchange the licence for a British one.
MOT. Cars and motorcycles MUST normally pass an MOT test three years from the date of the first registration and every year after that. You MUST NOT drive a motor vehicle without an MOT certificate when it should have one. Exceptionally, you may drive to a pre-arranged test appointment or to a garage for repairs required for the test. Driving an unroadworthy motor vehicle may invalidate your insurance. From November 2012, motor vehicles manufactured before 1960 will be exempted from an MOT requirement, although they can still be submitted for a test voluntarily. Owners are still legally required to ensure their vehicle is safe and roadworthy.
Law RTA 1988 sects 45, 47, 49 & 53
Insurance. To use a motor vehicle on the road, you MUST have a valid insurance policy. This MUST at least cover you for injury or damage to a third party while using that motor vehicle. Before driving any motor vehicle, make sure that it has this cover for your use or that your own insurance provides adequate cover. You MUST NOT drive a motor vehicle without insurance. Also, be aware that even if a road traffic incident is not your fault, you may still be held liable by insurance companies.Law RTA 1988 sect 143
Uninsured drivers can now be automatically detected by roadside cameras. Further to the penalties for uninsured driving listed on page 126, an offender’s vehicle can now be seized by the Police, taken away and crushed. Law RTA 1988, sects 165a & 165b
https://www.gov.uk/rules-drivers-motorcyclists-89-to-102/motor-vehicle-documentation-and-learner-driver-requirements
You read that part, further to the penalties etc
There is a process, a vehicle is not immediately crushed just so, there are fines and penalties in place, if you fail to pay the fines and retrieve your vehicle within a specified period then it is destroyed.
Not.In the UK you can't even park your car on public roads without insurance. Once you get caught, your car is impounded and then crushed. There is no fine for this, it ends up crushed.
Stop posting flabbergastery dan.
do you know all the facts in this matter to determine who is right or wrong or who made a bad drive? why not leave that for the court? but guess what! if this matter is to go to court, before they reach the part of determining who was right or wrong the issue of no insurance will take priority and determine the outcome ....in the case I mentioned in my post, the judge started off by saying "I don't know why the insurance companies did not deal with this matter" that was said to prompt the defense into confessing that they had no insurance! then she said "well I don't see the difficulty here! if they had no insurance they should settle and it will cost them cheaper to settle than to continue with this matter" this matter was settled at next hearingdesifemlove wrote:kjaglal76v2 wrote:OP stop listening to some of these men here eh!!!
YOU ARE NOT WRONG
the other had no insurance, therefore it not suppose to be on road..
and he made a bad drive.....either he cause accident and is legally culpable..
megadoc1 wrote:do you know all the facts in this matter to determine who is right or wrong or who made a bad drive? why not leave that for the court? but guess what! if this matter is to go to court, before they reach the part of determining who was right or wrong the issue of no insurance will take priority and determine the outcome ....in the case I mentioned in my post, the judge started off by saying "I don't know why the insurance companies did not deal with this matter" that was said to prompt the defense into confessing that they had no insurance! then she said "well I don't see the difficulty here! if they had no insurance they should settle and it will cost them cheaper to settle than to continue with this matter" this matter was settled at next hearingdesifemlove wrote:kjaglal76v2 wrote:OP stop listening to some of these men here eh!!!
YOU ARE NOT WRONG
the other had no insurance, therefore it not suppose to be on road..
and he made a bad drive.....either he cause accident and is legally culpable..
some men take it upon themselves to determine if op was right or wrong without any facts before them, thing is in the court even the police report on the matter can be challenged and thrown out!
so if the official report could be thrown out,you think what we conclude here in respect to whether op is right or wrong could be of any value? lets leave that for the court to decide nuh
but I am of the view, based on personal observations that this is a case that could be determined before they even entertain the part of determining who is right or wrong
but lets keep it real nah if I was driving without insurance on the nations roadway everybody will have the right of way!.. what if the other driver observed the fact that he has no insurance and allowed just under 20 seconds so to allow the op to go his way? its not like he had rights to be on the road in the first place..did he really have the right of way then? was he wrong for being on the road yet at the same time thinking op should not get out in front of him because he had the right of way? tell me what u guys think
just seeing this .... if this is true it means the guy was driving without insurance and not paying attention on the roadways but yet folks here want to say op wrong?sizzla89 wrote:
Just for information purposes the gentleman actually accepted liability and stated that he was looking away at a stockpile when it occurred...but that's not what I am getting at.
zoom rader wrote:Rs there is NO waiting period it is crushed in UK. It's to deter "uninsured cars". There is a difference between uninsured cars and. "uninsured drivers"
You can have an insured car that is driven by an uninsured driver. In this case the driver is charged and the car is impounded untill the owner claims his car. Your insurance must state who is insured to drive your car.
Then you have the owner of the car that did not insure his car. In this case the car gets crushed.
megadoc1 wrote:magistrate yuh say? lol anyways A man reluctant to pay a lil under $2000 for a year's insurance gonna spend tens of thousands to head up to the privy council? that u want to see? BRB trying to order a pink elephant for you yo ,should be much easier to come bykonartis wrote:And the idiot quoting case law and all them sheit of the internet, you know what is the meaning of a case law?? Is what lawyers use in their submission to strengten their case...to show a magistrate that this happen already so yoy should do the same here...these cases are fought in the lower courts and has one result...appealed and sent the privy council and they overturned the ruling or ordered a re-trial...i really want to see a case with this circumstancesyou have example of what u saying? is that final? and how would it relate to this discussion? was that case a matter of one party having no insurance like whats being discussed? the one I spoke about stopped at "no insurance? settle! another one here ended at "No insurance means your car not lawful on the road . If the illegal car was not on the road then there would be no accident" now all I am asking you to do is present one that support what u saying that's allkonartis wrote:Also....when a magistrate is makin the ruling and this is from my xperience...they always say one thing...
As a driver you must not and CANNOT anticipate the actions of another driver...
You know whats that means???
Dont say to urself he wud stop....
rollingstock wrote:zoom rader wrote:Rs there is NO waiting period it is crushed in UK. It's to deter "uninsured cars". There is a difference between uninsured cars and. "uninsured drivers"
You can have an insured car that is driven by an uninsured driver. In this case the driver is charged and the car is impounded untill the owner claims his car. Your insurance must state who is insured to drive your car.
Then you have the owner of the car that did not insure his car. In this case the car gets crushed.
You are wrong, review the law again, do better research or ask someone that would know.
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