Private Road – Do Road Traffic Laws Apply?

Question:

I have just bought a new car, the previous driver still had it insured and I drove it home on my insurance which covered me to drive someone else’s car with their permission, I’m staying at x, which I believe is a private road.

Just before I got to my parking space on a blind corner I heard a van screaming, I stopped my car and the van came around the corner far to fast and crashed straight into me, police were on scene.

Once we had finished I rung my insurance company to inform them of the accident, they in turn informed me the policy was cancelled two days ago for non payment. I’m getting divorced from my wife and it turns out she had cancelled the direct debit but told me the insurance was up to date and she had chucked the letters so I wouldn’t know.

So it boils down to I have had an accident on a private road with no insurance although I was lead to believe it was still in place. I have not been arrested or cautioned for the offence yet!!

Do I have any leg to stand on? What can I do? I don’t even know how this will play out?

Paula Says:

I can help you with this matter. You have a strong special reasons argument if your insurance was cancelled without your knowledge. the court will be sympathetic.

The police/prosecution maybe willing to accept that there was no criminality on your part and withdraw the proceedings before the need to make such an argument – this would be the best outcome as you would get your legal fees back.

Whilst it maybe a private road if the public have access to it it’s still covered by the road traffic acts I’m afraid. Therefore you would still be committing an offence by driving on it without insurance.

I maybe able to persuade the police not to take any further action in this matter if you would like my help at this stage. We have persuaded the police not to take further action in 78 of our last 84 cases. I cannot guarantee that we would succeed but I think they will be sympathetic.