a parked car on a road

[msgimpy]

I let my partner use my car to go to work but my brother decided to use car his so he parked my car on the road just up from my mum's house. I have not used my car for about 3 months so i cancelled my insurance.

He is covered driving my car through his insurance. Later on a driver hits the car behind where mine is parked drives up the road and crashes into the back of mine.

The police are getting me done for leaving my car on the road and not having insurance.I explained to them what is stated in the insurance policy, but are not having any of it.

I told them i was not driving the car and i let my partner use it. He did not know that he was not insured after he got out the car. I just read what it stated in the insurance policy that he had the rights to drive my car with my permission.

The other thing is that if my car had not been parked there he would have killed a pedestrain and her 6 month old baby walking along beside my car.

Can anyone help with some advice as i no risk losing my job because of the conviction am about to recieve.

[Ethel]

You cancelled your insurance so the vehicle is not insured whilst it is parked. Your partner's car insurance only insures him to drive the vehicle - the vehicle is not insured so the police are correct to prosecute you for being the owner of an uninsured vehicle parked on the public highway.

Whether or not your car prevented a fatal accident is irrelevant.

[gouldc]

The road traffic act states that it is illegal to use, allow to be used, or leave an uninsured vehicle on the public road.

Your partner would technically have been covered unde rhis own insurance, but this is DOC (Driving Other Cars) - and this does what it says on the tin - it covers you to drive other cars only.

I think you've been a bit naive here, and you're looking at an IN conviction (6pts, fine) - possibly IN14? Causing/permitting - not entirely sure which conviction covers this.

You need to lok at this from the other side of the fence - what if your vehicle rolled for whatever reason and killed a pedestrian and her 6 month year old baby? Granted the insurance would only compensate financially for the loss, but if you;re uninsured, you're in serious trouble

[New Judge]

As has been said, you will almost certainly be convicted. You have no defence strong enough to enter a Not Guilty plea. You should plead guilty and explain, in mitigation, that the car was not actually being driven without insurance being in force.

This is unlikely to make a great deal of difference to the sentence. Magistrates' guidelines for the offence are a fine of one week's net income (reduced by one third if you plead guilty). In addition you will receive a minimum of six penalty points and also be ordered to pay a contribution towards prosecution costs (usually about �60) and a Victim Surcharge (�15).

[dilligaf]

Come on Panic button. Where are you ? This one is just waiting for your answer.

[leighb]

Also, If the car is not insured then nobody is insured to drive it on their policy either. Correct me if I am wrong but this is what I have always beleived.

[baileyman]

Yes I wonder about this too. I agree with leighb. I know at one time you could only drive somebody else's car on your policy, if that car was insured by the owner.