Driving without insurance

[claire2309]

Does anyone know if u drive someone elses car without ur own insurance, is that an automatic charge of theft of a motor vehicle?

[Ethel]

No, not if the other person has given their permission for you to drive it.

However, the owner could also be prosecuted for 'allowing to drive without insurance, a penatly that is equal to driving with no insurance.

This could 'persuade' some people to deny ever giving permission - which would result int he driver being charged with taking and driving away without consent.

[claire2309]

right, he didnt have permission to drive, does that make a difference??

[Ethel]

If he didn't have permission to drive, he will probably get done for taking and driving without consent.

It can only be theft if there was an intention to permanently deprive the rightful owner of the car. It is was only 'borrowed' without permission it cannot be theft.

[Mysti]

The driver still has to have insurance tho. If he has his own vehicle and is insured, then his insurance should cover him to drive another car. If he doens't have insurance, then he shouldn't be driving the car (unless the car he was driving is insured for any driver - which usually they aren't).

[claire2309]

To the above poster - does that mean its an automatic theft charge cos he shouldnt have been driving it without insurance??

[Ethel]

Mysti - not all comprehensive insurance policies cover 'other drivers'. In fact it is becoming rare as it was abused by couples who only insured one car and so on.

Many policies that do cover for 'other drivers' stipulate 'in an emergency only'. They give the example that the driver is taken ill on a journey - too ill to drive, so the passenger can drive him to hospital.


And in every case the owner would have to give permission to drive the vehicle.

[Ethel]

As I have already said - it cannot be theft unless there was intention never to return the car to the rightful owner.

[Ethel]

TWOC

http://www.rizer.co.uk/access/default.asp?pg=i nfo&art=crimes&sub=Crimes%20-%20Theft&id=418

[gouldc]

Yep - the police will generally only treat it as a theft if there is evidence to show that the taker (is this bad english?) of the vehicle shows evidence of the intention to permanently deprive the owner of their property.

[gouldc]

Sorry I should point out that I was only replying to how the police would class it as a theft, not that driving uninsured automatically means you've nicked the car : )

[claire2309]

thanks gouldc

[THECORBYLOON]

I mind on reading ages ago that the law regarding TWOC was introduced because of problems prosecuting joyriders for theft. As has been said, they had no intention of keeping the car so they got away wi it.

[claire2309]

Thanks to all posters. I think the theft charge has been dropped. Found out hes been charged with driving whilst disqualified and driving without insurance.

Thanks again

Claire
xx