Moving other cars - insurance

[creampuff]

This is a hypothetical question arising out of a real situation.

A few years ago I got rear ended by an elderly lady on the M25. Her car got stuck in Lane 1 of the active motorway after the collision while I pulled into the hard shoulder. For various reasons which are immaterial to the question, she couldn't move the car by herself. So I walked back along the motorway from my car on the hard shoulder to her car in Lane 1.

She got into the passenger seat by sliding over and I moved her car to the hard shoulder as I thought that was a better place to her hang out for a recovery truck than an active traffic lane.

I had insurance for driving my vehicle only. There was no driving other car coverage.

Could I have been prosecuted for no-insurance? Is that a strict liability offence and is there a defence in the situation above?

[TwigtheWonderkid]

Yes, you could have been prosecuted, but it would have been a tttish police officer who would have made a fuss in those circumstances.

The only defence to driving without insurance is driving a company vehicle that you had reasonably expected to have been covered by your employer.

[Jim1556]

Surely moving a vehicle from a potentially very dangerous place would be a valid defence?

Or would it be 'mitigating circumstances' but still liable for prosecution if you got a of an officer and magistrate?

I think a modicum of common sense should apply...

[LoonR1]

Jim1556 said:

Surely moving a vehicle from a potentially very dangerous place would be a valid defence?

Or would it be 'mitigating circumstances' but still liable for prosecution if you got a of an officer and magistrate?

I think a modicum of common sense should apply...

It's not a valid defence, as stated above there are one or two defences specifically stated for this, otherwise it is an absolute offence. It's far more likely that plod, wouldn't check, or if they did, they'd show some discretion. That assumes you aren't being a total arse about it.

If it went to Court, then the magistrate would have no choice other than to find you guilty, but could probably give an absolute discharge with it.

It's situations like this where the DOC aspect of insurance was possibly invented, hence the Urban Myth around emergencies only. However, it isn't limited to emergencies only as there's no way to do that pragmatically and that's why some insurers simply don't offer this cover.

[agtlaw]

Absolute offence. There are several defences (not just 1 as wrongly stated) but probably not applicable on the facts mentioned. Unlikely to be in the public interest to prosecute this. If you were prosecuted and didn't have a defence then you could argue Special Reasons to avoid endorsement.