Can someone drive my car while I'm serving a driving ban or is my insurance void?

Is it okay for someone else to drive my car while I'm serving a disqualification, or is the insurance void as it's only insured for me to drive? Can someone with third party cover on their insurance policy drive it?

Asked on 21 August 2017 by Selvin Elliott

Answered by Tim Kelly
Your insurance is technically void as you no longer have a license to drive. It's contractual that you do, though it does fall into a grey area. The contract of insurance is covering the vehicle as well as you, and it may have been a policy covering more than one person. Plus the need by law for a vehicle to be permanently insured if it is on the road. This being the case, you would not be breaching the terms and conditions of the contract, as you would not be driving, so your own insurance would not cover you. But the vehicle would have a policy on it, satisfying the minimum road risk element of the Road Traffic Act. This would then mean that someone could use your car on their own insurance policy.

There's a case, called Kelly V Cornhill Insurance Company, where the policyholder died, but gave permission to his son to use the car on his policy prior to death. It was found the ontract of insurance was still in place even though the "contractee" was no longer party to the contract. Based on this, the answer would be yes. The easiest way of finding out is by asking your insurer directly.
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