He inherited a car from a family member and stopped it on the street, in a garage or even in a backyard while gaining patience — or courage! — to restore it? So know that you need to keep your car insurance up to date, this because, according to the Court of Justice of the European Union, any car that is parked on private land or on the public road in conditions of circulation and registered must have insurance.
Although this has been something of a “grey area” for several years, the most recent opinion of the Court of Justice of the European Union is clear, as a car parked on the ground or outside your house continues to pose a risk.
"A vehicle that has not been regularly taken out of circulation and that is suitable for circulation must be covered by motor vehicle liability insurance even if its owner, who no longer intends to drive it, has chosen to park it on private land" , can be read in the communiqué of the Court of Justice of the European Union.
The reason that led to a final decision by the courts is a case that dates back to 2006 and which refers to an accident with a car whose owner was no longer driving and, therefore, was uninsured. This car was used by an unauthorized family member and was involved in an accident that resulted in three deaths.
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Since the car in question was uninsured, the Automobile Guarantee Fund (which is responsible for repairing damage caused by uninsured vehicles) was activated, which compensated the families of the two dead passengers for a total of approximately 450 thousand euros , but asked the driver's relatives for reimbursement.
Are you registered and able to walk? must have insurance
Twelve years later, and with several appeals in between, the Supreme Court of Justice ended up supporting this decision with the help of the Court of Justice of the European Union, confirming the obligation to take out civil liability insurance even if the car in question is found. parked on private land, provided that the vehicle is registered and able to circulate."The fact that the owner of the motor vehicle that intervened in a road accident (registered in Portugal) left it parked in the backyard of the residence, did not exempt her from complying with the legal obligation to conclude an automobile civil liability insurance contract, since that it was able to circulate”, can be read in the judgment.
Temporary cancellation of enrollment is an option
If you intend to keep a car parked, even if it is on private land or at your home, the best thing is to ask for a temporary cancellation of registration. It has a maximum period of five years and not only does not require insurance, but also exempts you from paying the single circulation tax.