Car Impound insurance not stated in the road traffic act 1986 & 1988

markod76

Hi good folks, please advice , as i am in a dilemma here .

On the 4th of July around 9pm, I was called by Essex police that my car had been impounded as it was being driven by uninsured car repairer which i explained i wasn't aware of neither did i give him permission to drive the car but repair it as it is a salvage car that requires major repair. I was told i would need to recover the car with a valid "IMPOUND CAR INSURANCE", this clearly not stated in the UK Road Traffic Act 1986 and 1988 only an insurance would do, i Googled it and discovered it's a high premium insurance valid for 30 days only which i cannot afford as i got a quote between £500 and £7000 from various brokers. Also the officer insisted i cannot use a recovery car to collect the car unless the car is insured on CAR IMPOUND INSURANCE policy.

I emailed the Quality of Service Essex police dept and and a very kind officer said as long as i have the log book and recovery truck i can collect my car but would still have to pay the fine , i I then got an email from the officer who arrested the uninsured driver insisting i need to insure the car before i can be allowed to collect it with a recovery car. The recovery option is not cheap either plus the cost of the fines and storage charges. I am a law abiding citizen and fully insured on two other cars so i stay on the legal side. I honestly think that Essex police are being unkind in this matter and penalizing me unfairly. I am looking at legal options against this action taking by Essex police. please read carefully as i am not guilty of this offence and the person who committed this traffic offence is not financially stable.

The car has been SORN off road as it was being fixed and i have no intention of driving the car but selling it on, also the car will be packed off the road on my driveway so i really don't need to insure it as long as its sorn off road. I am just worried of the daily charges and eventually might be crushed by the police.

Thanks

NCC-1707

You might want to break that wall of text into something that's easier to read if you want advice.

Carrot007

markod76 wrote: »

i explained i wasn't aware of neither did i give him permission to drive the car but repair it as it is a salvage car that requires major repair

Your car you responsibility to ensure people do not drive it. If he was a proper repairer he should have trade plates to cover it. Not that that covers him for it being unroadworthy. It should have been on a trailer.

markod76 wrote: »

The car has been SORN off road as it was being fixed and i have no intention of driving the car but selling it on, also the car will be packed off the road on my driveway so i really don't need to insure it as long as its sorn off road.

You planned to take a trailer to take it away then?

markod76 wrote: »

The mechanic assumed it was insured and used his own
insurance to drive it and he doesn't have money to pay the fine

But niot trade insurance obviously. So just some dodgy bloke then. You should take him to court to recover your costs.

markod76 wrote: »

i am just worried of the daily charges and eventually might be crushed by the police.

Probably for the best if £500 for insurance to get it back (+ trailer costs) is too much.

markod76

so if someone commits a crime with your car, that automatically makes you guilty? someone uses your car without your knowledge and permission and automatically makes you an liable? This is something i would expect from a country where there is no justice, certainly not in the UK.

antrobus

markod76 wrote: »

so if someone commits a crime with your car, that automatically makes you guilty? someone uses your car without your knowledge and permission and automatically makes you an liable? This is something i would expect from a country where there is no justice, certainly not in the UK.

You misunderstand.

The OP has not been charged with driving without insurance. That offence was committed by the car repairer.

Unfortunately for the OP, the car has now been impounded. If they want the car back, there are certain hoops to be jumped through. Obviously the OP can seek to recover their losses from said car repairer.

Impounded vehicle insurance is simply a 30 day temporary product offered by the insurance industry. Whether or not the UK Road Traffic Acts specifically refer to "IMPOUND CAR INSURANCE" is irrelevant. The acts contain no reference to 'black box insurance' either. They are all just car insurance by another name.

molerat

OP, you don't need "impound insurance" you need an insurance policy that will cover a car that is already impounded and that will be expensive. You can always claim from the repairer but as he is obviously a backstreet cowboy - a proper mechanic would have traders and liability insurance so you would not be in the situation in the first place - good luck with that one.

bigisi

antrobus wrote: »

You misunderstand.

The OP has not been charged with driving without insurance. That offence was committed by the car repairer.

Unfortunately for the OP, the car has now been impounded. If they want the car back, there are certain hoops to be jumped through. Obviously the OP can seek to recover their losses from said car repairer.

Impounded vehicle insurance is simply a 30 day temporary product offered by the insurance industry. Whether or not the UK Road Traffic Acts specifically refer to "IMPOUND CAR INSURANCE" is irrelevant. The acts contain no reference to 'black box insurance' either. They are all just car insurance by another name.

That is the OP you are replying to.