If someone else drives a car that belongs to you, and that person is not insured to drive it, then not only the driver, but you as well face serious consequences (which a simple, cheap short term car insurance policy could avoid!). Why is this?
To be formal: the Road Traffic Act of 1988 states:
A person must not cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance as complies with the requirements of this Part of this Act.
What does this mean in plain English?
What it boils down to is that the person lending the car can be prosecuted, with a possible on-the-spot fine of £300 plus six licence penalty points, or if the matter goes to court a driving disqualification and unlimited fine could be imposed, depending on how seious the magistrates felt that the offence was.
The car itself would probably be impounded (costs for this have risen since April 2023 to a minimum of £192 plus £36 a day storage) with a very real chance of it being confiscated or crushed).
What happens if the car was taken without my express permission?
If you really hadn't, and wouldn't have, given your consent then you might have a defence. However the driver would be open to a charge of Taking Without Consent (TWOC). This is a criminal offence, as against driving without insurance, which is not.
The driver could claim that if asked for permission to take the car you would have given it; this could be a valid defence against TWOC would land you in the soup for allowing it to be driven by an uninsured person.
However; the police could claim that you had given implied consent if, for instance, the driver had easy access to the keys, or had driven it before.
All this could spoil a beautiful friendship as well as cause everyone concerned a great deal of stress and expense - it could even result in the driver ending up in prison for a TWOC offence - the maximum penalty is six months in jail, an unlimited fine, or both! It doesn't bear thinking about.
What if I really believed that the driver was insured?
It is up to you to prove that. Strictly speaking, you should check that person's insurance certificate (easy to do if you had arranged a short term policy of course!). Just taking someone else's word for it is not enough.
The driver could also truly believe that insurance was in place, but driving without insurance is what is called an 'Absolute Offence"; we are either insured or not! Possible (and I stress the word 'possible'; don't rely on any of these!) mitigating circumstances include:
- The insurer had cancelled the drive's insurance without notice (this could fail if the insurer had taken reasonable steps to do so)
- The driver had been the victim of fraud and had bought a fake policy
- The driver was using the vehicle in the course of his or her employment and believed that the employer provided insurance cover.
All these problems might, of course, be avoided by buying an inexpensive short term policy which could cover a driver for as a little as a day. Motorists between about 19 and 75 with a full driving licence could apply for one for driving their own car, or someone else's. Get a quote now!
