Vauxhall Astra - Allowed uninsured driver to reverse car HELP - sonia123

Any advise appreciated my neighbours daughter allowed a younger friend to reverse her car whilst in a car park of local shops (all closed) as it was evening. She hit a car behind unoccupied , they went to get a parent and returned to find owner and explained what had happened she has fully comp insurance but will it cover damage if she wasnt the person driving . it was literally one short manoever I understand the law regards permit to drive etc but not sure where she stands on insurance.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - gordonbennet

Do we assume the person driving has no licence, or no car insurance of their own (that covers driving other cars on a TP basis) and the vehicle they were driving has named/authorised driver insurance only?

If so they have no choice but to fund this out of their own pocket and hope the other party will play ball and keep schtum, seeing as how many people welch readily on gentlemans agreements these days the other party may not be keen on this, but if insurance isn't going to cover the repairs they might be inclined, all will depend on the individuals concerned and how they feel about each other.

Edited by gordonbennet on 04/07/2017 at 08:34

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - FP

"...she has fully comp insurance but will it cover damage if she wasnt the person driving..."

As Gordon implies, the insurance would need to cover all qualified drivers (i.e. with full driving licence) and the permission of the owner would have had to be given. As it was the daughter who "allowed a younger friend" to drive that is unlikely.

So it's very unlikely the neighbour's insurance would cover this.

"... it was literally one short manoever..." Well, that's all it takes.

If I was the neighbour concerned I would be having some pretty stern words with the daughter and I would be as nice as possible to the victim in this situation, hoping they would not sue me. The least the neighbour can do is pay for the damage.

Edited by FP on 04/07/2017 at 10:38

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - Brit_in_Germany

I think the way it works is that the insurance company pays for the damage but then is entitled by statute to claim the costs back from the person who gave permission to drive. See section 151(8), Road Traffic Act.

Edited by Brit_in_Germany on 04/07/2017 at 22:42

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - A Driver since 1988, HGV 2006

it is incredible ( sorry snipping again ) how little people understand.

First, there are 3 types of land

1 private where the public would not ordinarily have access.

2 Private land where the public would ordinarily have access, usually supermarkets, public not private car parks ( must be gated and secured to be classed as totally private ), ind est etc.

on the first you can do what you like providing you ahve the permission of the owner, you dont need a icense or any paperwork to operate any vehicle.

The 2nd and 3rd are exactly the same, and the usual public highway rules apply.

Now let me get rid of 1 myth for you all, you are only insured, no metter what the insurance company, no matter what the policy, and this applies to business veh insurance as well as non business vehicle insurance to drive a vehicle for licensed holders only. if you are not licensed to drive the vehicle then you are not insured to drive it on a public road or private road where the public would ordinarily have access. ( this applies if it is gated and the gate is left unlocked or not secured from access by some other means.

I am surprised you have not been arrested already. the insurance will not pay unless you lie about what happened.

Charges you face ..

Driving without insurance .. You will be banned from driving, and at the end of it you will have to reapply for your license back, you will also have to sit an extended test, and expect a heavy fine. The owner of the car that allowed you to drive uninsured will also face charges, and expect your insurance to hit the roof.

"

It’s illegal to drive a vehicle on a road or in a public place without at least 3rd party insurance.

Even if the vehicle itself is insured, if you’re not correctly insured to drive it you could get penalised.

Penalties for uninsured drivers:

The police could give you a fixed penalty of £300 and 6 penalty points if you’re caught driving a vehicle you’re not insured to drive.

If the case goes to court you could get:

The police also have the power to seize, and in some cases, destroy the vehicle that’s being driven uninsured."

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - A Driver since 1988, HGV 2006

it also depends on how old the person was, you can only drive legally at the age of 17 in this country, so if she was younger then you really are in trouble, also if she did not pass the theory or the hazard perception test then she will not be insured under any circumstances since, you have to pass that before legally being allowed to do the practical.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - A Driver since 1988, HGV 2006

Finally, it was a stupid thing to do, What if someone had been in that car park and you had hit them, driving without teh correct insurance cover is never good.

Learner Driver

The Learner Driver must:

  1. Be at least 17 years old
  2. Have a valid provisional driving licence (for the type of vehicle being used - manual or automatic)
  3. Be insured to drive the vehicle
  4. Ensure the vehicle is in a safe and legal condition
  5. Meet the legal minimum eyesight standards
  6. Only drive when supervised by a person who is at least 21 years old and has a valid driving licence, which they have held for at least three years
  7. Put L Plates (or D Plates in Wales) on the front and rear of their vehicle

If all of the above does not apply then you will not be insured, and you may even be looking at a custodial or some sort of juvenile detention centre.

Ps sorry 3rd was a public highway.

Edited by 30 yr's a Professional Driver on 17/08/2017 at 20:08

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - Middleman

“it is incredible ( sorry snipping again ) how little people understand.”

“Charges you face ..
Driving without insurance .. “

I assume you mean the daughter. The parent faces permitting a vehicle to be driven without insurance (although the penalties are identical).

“You will be banned from driving,”

Er..no (or at least, almost certainly not unless “totting up” is an issue). The standard penalty for driving without insurance (or permitting such) is six penalty points. It is most unusual, almost unheard of, for a single offence with few or no aggravating features to be dealt with by a ban.

“.. and at the end of it you will have to reapply for your license back,”

Since a ban is unlikely this is somewhat immaterial but the driver would only have to re-apply for his licence (if one was held in the first place) if he was banned for 56 days or more. Less than that and his licence is simply suspended for the duration of the ban.

“… you will also have to sit an extended test,”

There is no mandatory re-test following an offence of driving with no insurance. It is true that Magistrates can impose a re-test condition for any offence when they impose a discretionary ban (which would be the case for no insurance). However, this is most unlikely for no insurance. It is usually imposed where a matter of bad driving is involved and the court considers re-training is required. It is not to be used as an additional punishment. Further than that, if a re-test is ordered following an offence which attracts a discretionary ban it will be a normal test. An extended re-test can only be ordered following a ban imposed where the offence carries a mandatory ban such as excess alcohol or dangerous driving. (Dangerous driving, in fact carries a mandatory extended re-test as well as a mandatory ban).

“it is incredible ( sorry snipping again ) how little people understand.”

It most certainly is.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - Engineer Andy

A former work colleague (about 15-20 years ago) had a similar situation, though quite rightly was deemed far more at fault:

He allowed his son to drive his BMW without the son being insured (as a named driver) on the car. The son used it in the evening (if I recall) for going out on a regular nasis, the father using it for commuting. The son then either had an accident or was was stopped by the police for some reason (I cannot remember which), and as a result, both had 6 points added to their licence and a fine (not sure if one or both). The father was VERY lucky to keep his licence as he already had 5 points on it. Not sure if the son was disqualified from driving for a period - too long ago to remember all the details.

I just know that if either the insurance company or Plod finds out the truth, then the guilty party/parties may be in some deep do-doo. They may 'get away' with it if the 'injured party' does not go through their insurance or tell the Police if the parent suggests it, but in theory they are obliged to tell both the insurers and the Police I think, as an offence or two has been comitted. Not a good situation to find oneself in.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - A Driver since 1988, HGV 2006

Persmission of teh owner is irrelevant, 3rd party or fully comp. you have to be insured to drive the vehicle at all times, the owner does not have the authority to allow anyone to drive illegally.

and if you want to drive them on your insurance, in order to be legal you have to inform your insurance company giving the drivers details before you do so, not after.

And I would get that in writing from the inurance company first , or record the phone call, making sure you have the name of the person you are talking to, there Job within the company and most of all that they have the authority to authorize it.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - A Driver since 1988, HGV 2006

If the neighbour reports it to the police it becomes a criminal matter. Being sued would be the least of her worries.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - FP

Is there a good reason for these multiple posts, containing mostly unnecessary and irrelevant information?

The issue was pretty thoroughly dealt with already and I can't see what is the point of all this stuff.

Of what use is it to the OP?

Edited by FP on 17/08/2017 at 20:37

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - Middleman

Good grief, it goes on! Where are you getting all this stuff from?

If all of the above does not apply then you will not be insured, and you may even be looking at a custodial or some sort of juvenile detention centre.

None of the offences you list, either individually or collectively, can be dealt with by way of a custodial sentence no matter how many times they are committed. It really does not help the OP to continue with such misleading (and possibly alarming) information.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - scot22

LIKE your post FP. It is. a stressful situation, let's not make it any worse. It was hardly a major misdemeanor. I know when I was younger I did a few stupid things.

Hopefully she will have learnt a lesson.

Being human means we can make mistakes. Hope it is resolved with the least damage to either party.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - TedCrilly

One hopes that after the initial period of shock the OP did the sensible thing and sought professional advice and help.

This forum is not a free source of reliable legal advice and really should carry some very visible disclaimers stating so.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - FP

"This forum is not a free source of reliable legal advice and really should carry some very visible disclaimers stating so."

I think it's pretty obvious that professional legal advice is not what's being offered - especially in posts that are semi-coherent and littered with errors of expression.

That said, many of us have some experience of what we're talking about and make certain we do some research when we're not sure - and also have the good sense to advise that people seeking help should go to a lawyer when we're out of our depth or where the case is complex.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - TedCrilly

One hopes that after the initial period of shock the OP did the sensible thing and sought professional advice and help.

This forum is not a free source of reliable legal advice and really should carry some very visible disclaimers stating so.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - Avant

As forum moderator, "30 yr's a Professional Driver', may I ask that you please change your keyboard-name on here.

Your name implies that you write with some authority, whereas from the replies to your posts it seems that some of what you say is at best debatable. It's also unnecessarily alarmist for the original poster who has come on here asking for advice.

Your erroneous apostrophe in your title, and your saying that there are three types of land and then listing only two, suggest that you don't read through what you've typed, and thus undermine your credibility.

Sonia - there is some good advice in some of the posts in this thread, but please understand that in a forum such as this, what you see is just people's opinions, and as an organisation we can't take any responsibility for them. Your neighbour may be best advised to consult a solicitor.

Vauxhall Astra - Allowed uninsured driver to reverse car HELP - FP

I'm afraid I can't suppress a smile at the screen-name "30 yr's a Professional Driver" [sic].

I tend to have a pretty low regard for some professional drivers - taxi-drivers, for example - so the name certainly doesn't recommend itself to me. And being a professional driver confers few credentials anyway.

Edited by FP on 19/08/2017 at 02:02

 

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