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What does the law say...?

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craigfann15 | 00:54 Wed 20th Jul 2005 | Motoring
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If I was driving in a car that I didn't know didn't have insurance, and I get into a car accident, am I liable to pay if that person is getting sued for not having insurance? ( I know I should pay for the damages to the car.) And there is no damage done to the other vehicle not at fault.
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Section 143 of the Road Traffic Act 1988 says (paraphrasing) that you will not be convicted if you were using the vehicle in the course of your employment [i.e, it was owned by your employer] and that you neither knew or had reason to believe it was uninsured.

 

So, if the car was your employers, you have a defence - if it wasn't, you don't.

 

Things may have changed as this knowledge is 10 years old, but I'd be surprised if it has.

Firstly ignorance is not a defence, secondly It will be you getting sued by the other driver not the car owner. If you manage to avoid being prosecuted you're doing well . You didn't say if the Police are involved if not pay up and keep quiet, no insurance is 9 points + a hefty fine. 

It's you, that has/needs insurance, not the car.
Sorry to butt in, but does that mean that if I drive a car that I know the owner doesn't have insured, but I have insurance that allows me to drive any car with the owner's permission, I'm OK (hope that makes sense?)
No it doesn't.  Your third party cover on your own insurance for other peoples' cars only exists if their cars are already insured.

Sorry but it is your responsibility to ensure that the car you are driving has the appropriate insurance.You could  be brought before a court  for no insurance(as could the other driver) the penalty being a fine according to your income and 6-8 points on your licence or you could be disqualified (Road Traffic Act 1988 s.143)Ignorance is no defence.

Tim Baxter, - is that right? Does that mean I won't be insured to drive home my wifes new car from wherever we buy it from? (She's about to sit her test and therefore isn't able to insure it, should we find one before she passes).
MORELLO - you're best just checking your own insurance document and if in doubt, calling your insurer.  Better safe than sorry!
I checked with my insurers and they told me that I would definitely be insured to drive my parents' uninsured vehicle, with third party only cover, as long as I had their permission to drive it and the vehicle was roadworthy (i.e. taxed and MOT'd).  I'd go along with SCW - check with your own insurer.
I stand by my reply of the 21st.  But, best check with your insurers.

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