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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, My Husband owns a small commercial van, which he uses

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Hi,
My Husband owns a small commercial van, which he uses for work and was had a full comprehensive Policy on.
His Daughter, who works for him, sometimes uses the van. She was not named on the Insurance Policy but as she had a fully comprehensive Policy on her own vehicle, so believed she was covered to drive the van.
a few months ago, her BMW was stolen, and her insurers paid out to cover the cost, but she has not yet purchased a new vehicle.
She has, however, continued to drive the van during work hours to fetch materials, but my Husband did not think to update the Policy on the Van.
She has now had an accident, and the Insurers are asking for full details of her Policy, which I cannot give, as once they settled her claim, the policy would no longer be in force.
In this instance, is my Husband or his Daughter at Fault?
Can she be prosecuted for Driving with no Insurance? Would this be my Husbands Fault as he allowed her to drive? Will this affect his Motor Insurance Policy or will they chase her outside of the Policy?
Many Thanks
Michelle
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did your husband know the policy had ended please?
Customer:

He knew the Car was stolen, so it was obvious once the insurance company settled that the policy had ended, but I don't think he gave it a second thought to be honest.

Alex Watts :

Its bad news as you can imagine

Alex Watts :

In the fist instance your daughter was driving uninsured. Therefore she is personally liable.

Alex Watts :

It is also a criminal offence which attracts a fine and 6 points.

Alex Watts :

Of course your husband could also be pursued because he knew about it and did nothing to stop it was the owner of the van

Alex Watts :

So in the first instance daughter, in the second instance your husband

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Ash and 2 other Law Specialists are ready to help you