Am I covered to drive another car?

lisyloo

Quentin wrote: »

No!

If you allow an uninsured driver to drive your car you are guilty of the offence of permitting the vehicle to be used by an uninsured driver and face a licence endorsement of 6–8 points and a fine.

So what is considered due dilligence?
If I ask someone to physically check their policy and they tell me they have done so, then is that enough to cover me?
Obviously I trust them or I wouldn't be letting them have my car.

or do I have to get a photocopy?
I would feel a bit awkward asking for prrof as it implies a lack of trust, but I guess if it has to be done, then so be it.

darich

negg wrote: »

But if a police officer pulls you over and asks you to get out, at that point you have will have to leave the vehicle uninsured where they can then charge you!

And they will pull you over, since a car without it's own insurance will flag up on their database!

They can't charge you if your own insurance covers you though. By leaving the vehicle and therefore leaving it uninsured, the OWNER is responsible - not the driver.

lisyloo

They can't charge you if your own insurance covers you though.

If the vehicle has it's own insurance yes.
I think some of the replies are in the context of the vehicle having no insurance, but being driven on DOC cover.
If the vehicle has it's own insurance then there isn't an issue, you can park it up on the public road.

Quentin

lisyloo wrote: »

So what is considered due dilligence?
If I ask someone to physically check their policy and they tell me they have done so, then is that enough to cover me?
Obviously I trust them or I wouldn't be letting them have my car.

or do I have to get a photocopy?
I would feel a bit awkward asking for prrof as it implies a lack of trust, but I guess if it has to be done, then so be it.

There is no defence as such - if you permit someone to drive your car, and they have no insurance, then the offence of permitting the vehicle to be used by an uninsured driver has been committed.

You could plead mitigation if the friend had shown you a certificate showing they had cover for "driving other cars" (which turned out to be invalid for some reason), but it wouldn't get you off (ie you'd still be guilty, but might avoid the points).

raskazz

Quentin wrote: »

There is no defence as such - if you permit someone to drive your car, and they have no insurance, then the offence of permitting the vehicle to be used by an uninsured driver has been committed.

You could plead mitigation if the friend had shown you a certificate showing they had cover for "driving other cars" (which turned out to be invalid for some reason), but it wouldn't get you off (ie you'd still be guilty, but might avoid the points).

It's not quite that black and white. If the owner of a car allows someone to drive that car on express condition that there is an insurance policy which covers their use of the vehicle, then no offence has been committed by the owner if it subsequently turns out that there is no policy in effect. Newbury v Davies.

darich

lisyloo wrote: »

If the vehicle has it's own insurance yes.
I think some of the replies are in the context of the vehicle having no insurance, but being driven on DOC cover.
If the vehicle has it's own insurance then there isn't an issue, you can park it up on the public road.

I agree with you.

If the car has no insurance of its own but is being driven under the DOC caover then everything is fine as long as the driver remains in the car.
But when the driver steps out the vehicle is then uninsured and the owner is liable for any fine or punishment, not the person who has just stepped out.

If the vehicle has its own insurance then everything is fine whether it's being driven or not.

A vehicle must be insured to be on the public road but it's not usually necessary for the DOC to be valid.

Maybe I wasn't clear in my post

lisyloo

Thanks raskazz. I'm very peased to see some sensible precedent.
I do believe in due dilligence on the part of the driver, hence I made my friend aware that DOC is no longer automatic and asked him to check his policy before driving.
Whilst there is a case for due dilligence I don't think the driver should be ultimately responsible for another parties mistake if the driver has taken all possible precautions.

daven1978

Hi guys, Right...I have been pulled over this evening by the police. The bloody car alarm went off and this is what alerted the police to me. Basically....I have had the car in my garage which is less than 1 mile from my home. I had to get the car out of the garage as the landlord is selling the garages. I decided I would move it today. The car has no tax no mot and no insurance of its own. I have been buying the car from my brother and have not yet fully paid for it so he still legally owns the car. I am the current registered keeper. I had sorned the car. I am fully comp insurance on another car and my policy clearly states I am covered for other cars not owned by myself on third party insurance cover. I intended to drive the car from the garage to my drive way so that it would still legally be sorned. My mate who was going to use his trailer to move it let me down at the last minute and it was either abandon the car untaxed on the road or take a risk and drive it less than a mile home....so drove it home...alarm went off and I had to pull in to a council car park for the police so didnt get it actually back on the drive. The policeman told me the car wouldnt be seized as he would report me for the untaxed vehicle....he then radioed through to another policeman who I heard say might aswell get him for everything so yeah we will take it. I protested this as he said it wouldnt be sezied and had I not stopped as soon as I saw his lights and got it back on the drive he most likely wouldnt have been able to touch it. Anyway.....the policeman didnt give me anything like a ticket or anything he got me to sign his note pad to say I agreed with what he wrote and told me to expect a summons. He didnt even tell me his name. Anyway the car was seized and taken around an hour ago. What I want is advice on what to do really???as I wasnt aware until reading this of the car being covered if I was driving it but not owning it. Shall I call the local police station and advise them I need to talk to the officer as I was insured?? Any advice is appreciated. I know it was a daft thing to do but had the alarm not gone off and hazards started flashing he would never have stopped me! Thank you in advance

dacouch

Driving without Insurance is an absolute offence, basically you either have insurance or you don't. If you don't then when it goes to court you will get convicted, they may accept any mitgating circumstances to reduce the fine/ points but they will convict.

As you have discovered, the driving other cars part of your policy does not cover you to drive a car that belongs to you. The Insurers and the police are likely to regard the car as being yours if you are the registered keeper of the car.

If your alarm had not gone off then there is a good chance the police car would have pulled you over anyway as the car would have set off any anpr camera (Number plate reader) in their car as your car is not insured and possibly because it's sorn.

To get your car out of the pound you will need to produce proof it's insured, you can either take out a policy (Not a temporary policy as these are not normally accepted), or add it as a temporary car to your own policy. Some pounds will allow someone else to pick it up if their certificate covers them to drive other cars (Bear in mind they will only be covered for third party only cover) but a lot of pounds will not accept this and a lot of Insurers actually state on their certificates that it does not cover to retrieve an impounded car.

daven1978

I am going to send the log book back and re register to my brother as he is the owner. So this then would mean due to him being logged as the keeper prior to me being pulled over I was covered under third party. Tax wise...I will back date that. the mot will be done this week so they may be more lenient with this. How do I stand for towing the vehicle back from the pound? Am I covered under third party?? Again tax will be backdated and I can book it in for an mot. Idea being...tow it to the mot station and leave it with them. Should I call the local police station tomorrow and advise I was insured???