non-insured driving in an emergency

Bennifred

Theoretical question:

If a driver (fully insured) became incapacitated for any reason whilst driving, could an accompanying full licence holder (not insured on any vehicle) take over driving to complete the journey without fear of falling foul of the law?

vaio

nope.........

rev_henry

I understand that technically an insurance policy on a car covers ANY driver in a genuine emergency. So, I would have thought that would mean the other driver would be able to drive the car only if the main driver became incapacitated in a dangerous place and then only to a place of safety. So he couldn't complete the journey no.

PsiDOC

Unless it states in the policy, then no.

marlot

No, But the driver's breakdown cover may provide recovery or a driver. I know mine does. I assume if they provide a driver, the car would be covered on the breakdown insurance.

Bennifred

Thanks for clarifying that one for me! :cool:

vikingaero

I imagine there would be a genuine defence in the event of a life or death emergency, but not if the driver became randomly ill to drive and just needed someone to get the car and passengers home.

vaio

vikingaero wrote: »

I imagine there would be a genuine defence in the event of a life or death emergency, but not if the driver became randomly ill to drive and just needed someone to get the car and passengers home.

I didn't think there were any defences, the life and death bit would be good mitigation though

datostar

vaio wrote: »

I didn't think there were any defences, the life and death bit would be good mitigation though

You're right. It's an 'Absolute Offence', merely a question of fact. If no insurance is in force the offence is complete and there's no defence to it. The mitigation might affect the penalty but not the inevitable conviction.

property.advert

If this was allowed all the non insured scum would be using it as an excuse.

sarahg1969

The only exceptions are:

(3)A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a)that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b)that he was using the vehicle in the course of his employment, and
(c)that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.

The offence is a strict liability one, and if the above apply, as the defendant, you'd have to prove it.

If driving without insurance in an emergency, you would be guilty of committing an offence, but have to ask the court to consider this as a "special reason" not to endorse your licence or issue a fine.