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Motor Insurance

In this article, I turn to the matter of motor insurance and, in particular, to when you are (or, more usually, are not) covered by your own insurance to drive someone else's vehicle.

As usual where insurance is concerned, you must check the terms of the insurance policy and, of considerable importance, recheck it every time you renew it as it may well have changed since you last read it.

It is a common condition found in policies with comprehensive cover that the policy holder may be covered when driving a vehicle other than that specified in the insurance policy.

Note that this is found where the cover is comprehensive and not in third party, fire and theft policies. Secondly it is the policyholder, and only the policy holder, who may be allowed to drive another vehicle and not someone who is simply a named driver on the policy. You need to check who is named in the policy as the policyholder. It may not be who you think it should be.

The next usual condition is that the other vehicle is not owned by, or hired to, you. That means that, even if you are the policyholder with a comprehensive cover, you are not covered by the policy for the different car you have just bought. Too many people are caught for driving without insurance when they buy a second hand car privately and are taking it home "to arrange insurance".

However the problems continue even then as there is frequently yet another condition in the original policy which disallows young drivers. Thus even if you have full comprehensive cover in your own name, you may still not be covered to drive your mate's car, which you are not buying from him, as you are too young. 25 is often the minimum age limit.

Were all that not restrictive enough, many policies today have yet another condition that requires there to be valid insurance in place for that other vehicle. Clearly the insurance for the other car does not require to be in your name or permit you to drive it, otherwise the question of being covered by your own policy would not arise. What it requires is that somebody other than you is insured to drive the other car. Frankly I do not understand the basis for this requirement but then I don't write insurance policies.

Almost invariably too there is a condition that the other vehicle is road legal. Hence if it has a bald tyre, "iffy" brakes or faulty lights etc, once again your own policy doesn't cover you to drive it so that you can take it somewhere to repair it etc.

Finally as it is meant to be used rarely and in emergency conditions only, any attempt to use this condition to allow you to drive the other car frequently or for a long distance will also not be covered.

In short, it is highly unlikely that you are covered to drive a vehicle other than the one for which you are insured.

Does it matter? Most certainly yes. Using a vehicle without insurance carries a minimum of 6 points plus a fine and frequently disqualification. Furthermore if you are not covered by insurance, you are personally liable for all the damages if you hit someone and that may be millions of pounds.

While on the subject of insurance, a word to parents who try to avoid the high insurance premiums for the car intended to be used primarily by their child. Do not obtain insurance in the parent's name claiming to be the main driver with the child as named driver. Several crimes are thereby committed. It is fraud and an offence under the Road Traffic Act, and, as the insurance policy is thereby void and thus won't pay for the damages arising out of any accident, an offence to permit your child to drive while uninsured. If the child is to be the main user, insurance should be in the child's name.


Acting in the public interest | Appeals | Behavior in Court | Capital Punishment | Careers in Law | Changing your name | Changing your Solicitor | Children and Seatbelts | Children and the Law | Churning - the problems | Community Payback Orders | Compensating Victims of Crime | Computers | Corroboration | Death on the roads | Drink Driving | Driving and Penalty Points | Drugs and the Law | Duty Solicitor and Legal Aid | Evidence, changing solicitor and duty solicitor | Fiscal Fines and Direct Measures | Foreign visitors and Scottish Law | Giving Evidence Pt1 | Giving Evidence Pt2 | Giving Evidence Pt3 | GM Crops | Have you been charged with an offence | Helping your solicitor | How not to police | Human rights in police interviews | Identity Theft and Vehicle Cloning | Innocent in law and fact | Justify defending the guilty | Legal Aid Review | Marriage and the Law | Mini motor bikes and quads, Lights and Crushing vehicles | Mobile Phones and Witnesses | Motor Insurance | Motoring Myths | New procedures to help victims and witnesses | Our unique system | Poaching and Road Kill | Police questioning and Appeals | Police use of the Taser Gun | Policing the Police | Political correctness | Politicians | Procurator Fiscal - Powers | Scottish and English Law | Speed Guns | The curse of TV Law | The Law on cannabis | The Law on receiving goods and services without paying | Tinted Windows and Legal Deserts | Traffic law and offences | Undertakings and Police Bail | Vulnerable Witnesses (Scotland) Act 2004 | We all have rights | Whats in a name | Your rights | Your rights when dealing with the police |

Telephone Munlochy by Dingwall 01463 811800