broken handbrake - ok to drive?

Joe_Horner

legionare64 wrote: »

Insurance insist that the car be in a roadworthy condition which with defective handbrake it isn't.

But, by law, they can't invalidate the legally required 3rd part element of the policy if it isn't roadworthy. They can invalidate cover for damage to your own car, and they can sue you for anything they pay out - but even then only if the claim is related to the unroadworthiness, which is pretty unlikely in this case.

So no, the OP's insurance wouldn't be invalid.

Stooby2

legionare64 wrote: »

So you are saying it's okay to drive a car with defective brakes which would fail an mot or police roadside check. You will find if anything happens and it is found that the car was knowingly driven with a brake defect that insurance would be fine.
Insurance insist that the car be in a roadworthy condition which with defective handbrake it isn't.
It would fail an mot and be deemed unroadworthy.
Don't condone breaking the law it may be you who gets hit by one of these people who drive cars that they claim they don't have the time or money to fix.

That's not correct. An insurance company cannot refuse to pay out simply because there was a defect on your vehicle. They would have to show that the defect caused or contributed to a collision. Even then, they cannot alter the payout to a third party. They may well reduce a claim or not pay out at all with regards to your car, but it doesn't automatically invalidate insurance.

No-one is condoning breaking the law, they are simply pointing out that you are wrong in what you stated.

IamNotAllowedToUseMyName

adouglasmhor wrote: »

No it wont.

Presuming you mean that your insurance is valid even though your car is not roadworthy. Given that these things are easy to check why give unsound advise?

Here is the Admiral policy wording, which clearly applies here:

3. Care of your car You or any person covered by the policy must:
■ ■protect your car from loss or damage
■ ■make sure your car is roadworthy
■ ■allow us to inspect your car at any reasonable time we ask

If an accident happens, and the condition of the vehicle caused or contributed to the accident, no cover under the policy will be provided and instead, our responsibility will be restricted to meeting obligations as required by Road Traffic law. In those circumstances, we will recover from you or the driver or any party responsible for the condition of the vehicle, all sums paid (including all legal costs), whether in settlement or under a judgement, of any claim arising from the accident

So basically, Drive with a faulty handbrake you are not only driving an unroadworthy vehicle, you would be technically insured but your own insurer would want you to pay for third party damage.

So posts here glibly suggesting it's all fine driving around without a handbrake are very far from sound advice.

cutandshut

The law requires you to have an effective parking brake. You will get points and a fine if caught. Ask me how I know?

adouglasmhor

IanMSpencer wrote: »

Presuming you mean that your insurance is valid even though your car is not roadworthy. Given that these things are easy to check why give unsound advise?

Here is the Admiral policy wording, which clearly applies here:


So basically, Drive with a faulty handbrake you are not only driving an unroadworthy vehicle, you would be technically insured but your own insurer would want you to pay for third party damage.

So posts here glibly suggesting it's all fine driving around without a handbrake are very far from sound advice.

But you are still legaly insured, your insurance is not invalidated as the post I replied to stated. your quoted bit from Admiral even says so.

Herzlos

They have to pay out for 3rd party stuff, yes, so you're legally insured.

However, if any accident were to happen and can be blamed even in part on the lack of handbrake, your insurance company won't cover your losses and will likely pursue you for damages. You'd also be liable to prosecution if there was an accident or the police noticed your erratic parking.

I certainly wouldn't risk it.

adouglasmhor

I wouldn't do it, but I am not going to scaremonger someone out of doing it until they get it fixed at the next oportunity. Leave it in gear and get is sorted asap.

Bigphil1474

I doubt the insurance would ever know you'd been driving with a faulty hand brake, unless the accident was clearly caused by a hand brake fault and it can be demonstrated that you knew it was faulty at the time - highly unlikely "It must have gone while its been parked, your honour." In reality, even getting a car to the garage to have the hand brake fixed requires you to drive it with no hand brake, so is your insurance invalid then? In reality, how often do you use your handbrake - setting off uphill, and parking on a steep slope? Whilst obviously not recommended, can't see the problem so long as the time before repair is minimised. And its nothing like having bald tyres or faulty foot brakes - they will cause an accident. In 25 years of driving, I've never had to stop the vehicle using a hand brake, and never had a car roll off on its own when not having the handbrake engaged.

mattyprice4004

Deleted_User wrote: »

You don't need to if you park in gear. Car ain't going no where.

So you 100% know that the compression isn't going to leak away (which it will, cylinders aren't perfectly sealed) hence the car will move?

rexmedorum

worried_jim wrote: »

Yes no worries, when you park leave it in gear and make sure you are good at hill starts!

In my home country we're taught to park in gear in winter rather than with handbrake on as that can freeze. It's pretty flat mind so hills aren't an issue