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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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Hope you can help My daughter was involved in a car accident,

Customer Question

Hope you can help
My daughter was involved in a car accident, no fault of her own, driver drove off, the car was a write off.
As she had a personnel number plate, she did want to transfer the number across, which she filled in all the forms, but due to a problem with the paperwork, she decided not to contine with it
She contacted the DVLA, asking the question the car was off the road, undriveable, and they informed her that as long as they got the paperwork then no other actions sould be taken, she informed them that it was off the road, we had issues with getting it collected, but it was eventually taken
Now she has had a letter and has to go to court insured car, she was in the process of writing her dissertation as well
we obviously have no proff of the phone call, but as she asked both her insurance company and the DVLA , how does she stand
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.

Thank you question. My name is ***** ***** I will try to help with this.

What do you want to know about this?
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
Surely the car wasn't off road?
Customer: replied 2 years ago.

The car was off road, on a private drive until it was taken away by the salvage company

Expert:  Jo C. replied 2 years ago.
Sorry but am I missing the point? She was driving it? There was an accident?
or do you mean as a result of that it was written off?
Customer: replied 2 years ago.

the car was written off. she didnt drive it after was just on my driveway as it was undriveable,

the main issue is this no insurance on a written off car

Expert:  Jo C. replied 2 years ago.
No but if she SORNed it then that wouldn't apply.
Did she fill out the SORN documents?
Customer: replied 2 years ago.
We called the Dvla to ask advice and were told as long as it was written off and being collected there was no more information required
Expert:  Jo C. replied 2 years ago.
So you didn't complete the SORN document?
Customer: replied 2 years ago.

Was told by the DVLA that there was no need as we had phoned

Expert:  Jo C. replied 2 years ago.
That is not good news.
If she hasn't SORNed it then she is guilty Im afraid. You used to be able to deal with the issue of no insurance by keeping the vehicle off road but the law changed recently to impose a condition of insurance even on off road vehicles.
SORNing the vehicle would have resolved it but that did not happen. I realise that the DVLA gave her incorrect advise but ultimately the responsibility is hers as the registered keeper.
I have seen the DVLA drop cases against people who have sent in papers which have not been processed yet. They do not have to because it is an offence of strict liability but they often will. However, if you are in a position where it wasn't SORNed then that isn't likely to assist. Unless the DVLA accept that she was misadvised it is not likely that they would discontinue it. She could always write to them making representations. There is nothing to lose by doing that. I would brace yourself though.
Sorry if that is bad news.
Can I clarify anything ?
Jo