My uninsured friend has crashed my car
So my uninsured friend, without a valid licence has crashed my car. Will that be classified as my fault accident, due to the fact he did not have a valid insurance at the time of the accident? The accident was 2 years ago and my friend has already been in court for it, received a driving ban and a fine but now all the insurance companies class that as my fault and the case is still unsettled. When the claim case is over, will I still be responsible for the accident? The law clearly says that the driver should be held responsible, not the owner...
Original post by Unhappyowner
So my uninsured friend, without a valid licence has crashed my car. Will that be classified as my fault accident, due to the fact he did not have a valid insurance at the time of the accident? The accident was 2 years ago and my friend has already been in court for it, received a driving ban and a fine but now all the insurance companies class that as my fault and the case is still unsettled. When the claim case is over, will I still be responsible for the accident? The law clearly says that the driver should be held responsible, not the owner...
The problem you have is that it was your responsibility to ensure that your friend was insured and had a licence. Since you lent the car to an uninsured driver, you are held responsible for the accident. In fact, it's an offence to allow someone uninsured/with no licence to drive your car.
Original post by Unhappyowner
The law clearly says that the driver should be held responsible, not the owner...
If it's clear what's the problem
Original post by StriderHort
If it's clear what's the problem
The fact that it's not true.
Unless the 'friend' (loose term given the circumstances) took the vehicle without consent, then yes, I imagine you would very much be liable.
https://www.theaa.com/car-insurance/advice/driving-other-cars-insurance
"the owner would also face prosecution for allowing an uninsured person to drive their car. The owner's insurer will have to meet any third party damage and injury costs but would almost certainly cancel the policy. They may then take legal action to recover their costs from the owner, who would also be liable for the cost of repairing their own car.
Insurance companies take convictions for driving without insurance very seriously. Both the owner and the driver will find it very difficult to obtain affordable car insurance in the future."
https://www.theaa.com/car-insurance/advice/driving-other-cars-insurance
"the owner would also face prosecution for allowing an uninsured person to drive their car. The owner's insurer will have to meet any third party damage and injury costs but would almost certainly cancel the policy. They may then take legal action to recover their costs from the owner, who would also be liable for the cost of repairing their own car.
Insurance companies take convictions for driving without insurance very seriously. Both the owner and the driver will find it very difficult to obtain affordable car insurance in the future."
In the court, my friend took the blame and said he took the keys without my permission, but the judge wasnt interested in any of this anyway. Obviously his driving ban has nothing to do with my insurance as the insurance claims are a different thing or am i wrong ?
(edited 1 year ago)
Original post by Unhappyowner
In the court, my friend took the blame and said he took the keys without my permission, but the judge wasnt interested in any of this anyway. Obviously his driving ban has nothing to do with my insurance as the insurance claims are a different thing or am i wrong ?
Either your mate was convicted for TWOK, (judge "wasn't interested?!), or you're liable. Either way, a question for your insurer, not a bunch of internet randos such as ourselves.
Original post by Unhappyowner
In the court, my friend took the blame and said he took the keys without my permission, but the judge wasnt interested in any of this anyway. Obviously his driving ban has nothing to do with my insurance as the insurance claims are a different thing or am i wrong ?
Not a lawyer at all, but I'm guessing since you don't mention taking any action that you quietly took your friends side (You still call them a friend for start) the insurer won't like that. Did you call the police when he took the car? did you demand the police charge him for the theft? did you tell your insurer he had stolen your car? If you failed to do these things you will prob look culpable to the insurer. Who made the claim to your insurance? you or a 3rd party?
I could be wrong here, but I get the impression insurers don't specifically have to prove you were involved, reasonable suspicion is enough to affect your cover as so many 'fronting' drivers find out.
Any 'friend' that had stolen and wrecked my car while putting god knows how many people at risk by driving when they don't how how wouldn't be a friend any more, I would throw them bodily under the bus and declare myself a victim.
Insurers can refuse or cancel cover for any reason so long as it's not discriminating on the basis of a protected characteristic.
Unfortunately, as the keeper of the car, you can be liable for any damaged caused by any 'permitting' of an uninsured driver to drive.
If you were sued however you could argue that you are not liable as the other person's act was a novus actus interveniens, as we're not supposed to say any more because it's Latin. That is to say, the act of a third party that you could not have prevented having exercised reasonable due diligence.
So you would need to show, on the balance of probabilities, that the car was taken without your consent and you weren't negligent in any way (say letting someone else have access to the keys).
Unfortunately, as the keeper of the car, you can be liable for any damaged caused by any 'permitting' of an uninsured driver to drive.
If you were sued however you could argue that you are not liable as the other person's act was a novus actus interveniens, as we're not supposed to say any more because it's Latin. That is to say, the act of a third party that you could not have prevented having exercised reasonable due diligence.
So you would need to show, on the balance of probabilities, that the car was taken without your consent and you weren't negligent in any way (say letting someone else have access to the keys).
(edited 1 year ago)
Original post by Unhappyowner
So my uninsured friend, without a valid licence has crashed my car. Will that be classified as my fault accident, due to the fact he did not have a valid insurance at the time of the accident? The accident was 2 years ago and my friend has already been in court for it, received a driving ban and a fine but now all the insurance companies class that as my fault and the case is still unsettled. When the claim case is over, will I still be responsible for the accident? The law clearly says that the driver should be held responsible, not the owner...
did you cause, permit or allow them to drive the vehicle or was it taken and driven away without your consent ?
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