Hypothetical question. Someone steals a car without working brakes...

anewman

Ok so say you're doing some DIY on your motor and you leave it with the brakes in a non-functioning state. Say if someone is stupid enough to steal such a car and spins off at high speed down the road breaking the speed limit etc, they go for the brakes which don't work and cause untold damage.

I am thinking in terms of the stories where burglars later sue the home owner when they are injured. Just wondered what sort of comeback the owner of such a vehicle could expect.

hewhoisnotintheknow

none i would hope apart from guilt if they killed some random kiddy

1984ReturnsForReal_2

Where is the car parked at the time of stealing it?

How does the person steal it?

Is it locked?

Does it have a sign on it saying "please steal me" or something like that?

anewman

1984ReturnsForReal wrote: »

Where is the car parked at the time of stealing it?

Ok I guess worst case scenario would be on the road.

1984ReturnsForReal wrote: »

How does the person steal it?

Maybe smash a window, break the lock and hotwire etc or steal the keys from house.

1984ReturnsForReal wrote: »

Does it have a sign on it saying "please steal me" or something like that?

No.

hartcjhart

although no damage was caused I had a mini cooper stolen in london donkeys ago,I was driving to work and the brakes failed so parked up and walked,came out after work to find car gone:mad:

phoned police to report it only for them to tell me it had been found 200yards around the corner abandoned:j

seems the sods roared off came to a junction and NO BRAKES:eek:

thankfully they did'nt leave any DNA on the seats:rotfl::rotfl::rotfl:

1984ReturnsForReal_2

In that case I would expect to be arrested for conspiracy to steal & attempted murder.


Or if the Police & CPS are in a good mood a fine & points for having an unroadworthy car on the road.

As for getting sued, who knows but I would bet on a few legal letters if the thief survives or from relatives if they dont...

I think the plaintiffs' solicitors might feel it is reasonable to assume if a car is parked in the road that its legal & someone might at some stage want to steal it.

However if they break into the house to steal keys I would hope that there was not a judge in the country who would hold you responsible.

I am sure our emminent resident legal advisors on this forum will be along anytime soon to correct my muppet knowledge of the British Justice System.

wendy_ann1983

hmmm, car thief steals car, crashes, injures themselves then sues you for it, i'm thinking maybe try and sue the car manufacturer for not installing some kind of big flashing light that says 'DO NOT STEAL ME my brakes a duff'

anewman

1984ReturnsForReal wrote: »

Or if the Police & CPS are in a good mood a fine & points for having an unroadworthy car on the road.

I think it's probably only illegal to *drive* an unroadworthy car. For example, it isn't illegal to change to a spare wheel - yet the car is in an unroadworthy condition during this process.

I also believe the onus is always on the driver themselves to ensure a vehicle is roadworthy. Thus you borrow a car from someone (and are fully insured to drive it, the car is taxed etc) and the tyres are bald - stopped by the police, and the driver is given the fine (I think?!).

1984ReturnsForReal_2

anewman wrote: »

I think it's probably only illegal to *drive* an unroadworthy car. For example, it isn't illegal to change to a spare wheel - yet the car is in an unroadworthy condition during this process.

I also believe the onus is always on the driver themselves to ensure a vehicle is roadworthy. Thus you borrow a car from someone (and are fully insured to drive it, the car is taxed etc) and the tyres are bald - stopped by the police, and the driver is given the fine (I think?!).

If its legal to keep an MOT failure on a road if its taxed & insured I would say you may be right.

But your insurance company may not be happy because its not roadworthy & you would be claiming.

I suspect they could reject you claim & say it wasnt covered by insurance at the time.

Then circle 2 begins. Can you be charged for no insurance if its parked up?

Chippy_Minton_2

Any unnecessary repair on the highway are an offence. DIY on your brakes would be seen as unnecessary so you may find yourself in the dock.

anewman

Chippy_Minton wrote: »

Any unnecessary repair on the highway are an offence. DIY on your brakes would be seen as unnecessary so you may find yourself in the dock.

From the horses mouth....

You cannot repair vehicles on a road if,

• it is during the course of a business
• it is for gain or reward
• it causes annoyance to people in the vicinity

The only exception is that if the repairs are carried out following an accident or break down where it was necessary to do the repairs on the spot or within 72 hours.

https://www.askthe.police.uk/content/Q621.htm

The exception to the rule obviously allows people like RAC etc to do their jobs (as it's something they do for reward and business).