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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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My daughter lent her car (which is insured fully comprehensive)

Customer Question

My daughter lent her car (which is insured fully comprehensive) for both herself and and her father to drive. She believed her friend was insured to drive any car (3rd party) but it turn out that she is only a named driver on her parents vehicles (fully comprehensive). Her friend had a minor accident in the car, reversing into a stationary bus. My daughter was not present at the time. The bus was very slightly damaged and the driver took my daughters friends details and asked her for the name of the owner and insurer of the vehicle. The police were not involved as no injuries were incurred.

What are the legal implications of this accident for my daughter and her friend, in terms of responsibilty, insurance, fines and driving licences?

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Your daughter's friend is responsible for all civil and criminal issues arising from the incident assuming your daughter didn't know that the friend wasn't insured to drive.

Happy to discuss further but that is the answer. The owners of the bus can claim against the friend but may end up having to go to the motor insurers bureau for such damages as can be recovered.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you


 


The bus company has contacted both my daughter and her friend requesting their insurance details. I have told them to provide the name of their insurance companies, the policy number and date of expiry.


 


Is this all that is required? Are you able to offer any additional advice in relation to this situation that may help my daughter or her friend? Put simply, is there anything they would be advised to say or not to say at this stage other of course than being absolutely honest about the situation?


 


Also, is there any possibility that if the police were to become involved that my daughter could be fined or held responsible as she is the car owner and person insured.


 


Apologies if I am repeating myself, I just want to make sure I have understood you correctly


 


Thanks again


 


 


 


 

Expert:  JGM replied 3 years ago.
They should provide insurance details but don't have to provide anything else to the third party insurer.

Neither of them should say anything further.

As far as a criminal case is concerned, your daughter had insurance for the vehicle and the vehicle itself was insured under the Road traffic act. As long as your daughter didn't know that the other party was not insured she has no problem.
Customer: replied 3 years ago.

Thank you so much

Expert:  JGM replied 3 years ago.
You're welcome.
Customer: replied 3 years ago.

My daughter did not check her friends insurance details, she relied on the information given to her by her friend, who also believed she was insured. Is this sufficient evidence that my daughter did not know?


 


Also, would it be advisable for my friends daughters's father to approach the bus company and ask if the costs could be negotiated out of court or will this not make any difference to the ultimate outcome?


 


What are the likely consequences for my daughters friend in terms of her licence and finance


 


Thank you once again

Customer: replied 3 years ago.

Relist: Other.

 

I am very happy with the responses I have received and have no problem at all in terms of satisfaction.

 

Having reflected on the situation I just needed one final response to questions submitted as they are different to the original question but integral to understanding the situation fully.

 

As time lapsed the last response received and my final questions, I assume that the person I was dealing with considered that there would be no further correspondance and may also be busy with questions from other clients

 

I would really appreciate a final response to the last questions

 

 

Thank you

Customer: replied 3 years ago.

My daughter did not check her friends insurance details, she relied on the information given to her by her friend, who also believed she was insured. Is this sufficient evidence that my daughter did not know?


 


 


 


Also, would it be advisable for my friends daughters's father to approach the bus company and ask if the costs could be negotiated out of court or will this not make any difference to the ultimate outcome?


 


 


 


What are the likely consequences for my daughters friend in terms of her licence and finance


 


 


 


Thank you once again

Expert:  JGM replied 3 years ago.
Your daughter hasn't done anything wrong as she was told the friend had insurance.

There is no requirement for a case to go to court if it can be negotiated.

If that is the case there will be no consequences if the case is settled as the police weren't involved. If they became involved she would be fined and her licence would be endorsed with six penalty points.

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