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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70418
Experience:  Over 5 years in practice
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I HAVE BOUGHT A CAR FROM BLACKHORSE FINANCE. LOST MY JOB WITHIN

Customer Question

I HAVE BOUGHT A CAR FROM BLACKHORSE FINANCE. LOST MY JOB WITHIN FIRST WEEK AND COULD NOT GET INSURED AS IT WAS A 3.0 TDI ENGINE. MY FRIEND INSURED IT ON HIS FLEET AND TRANSFERRED THE LOG BOOK ON HIS BUSINESS NAME SO HE IS INSURED TO DRIVE UNTIL I GET INSURED ON IT LATER. I GAVE HIM THE CAR AS HE IS MY BEST FRIEND.
NOW THE CAR WAS INVOLVED IN HIT AND RUN. I WAS TOLD THAT SOMEONE TOOK THE KEYS FROM HIS POCKET AT A PARTY AND SMASHED IT. HE TOLD ME THAT MY CAR IS IN COMPOUND AND HAD A LITTLE INCIDENT.
WHEN WE GOT THE CAR OUT OF IMPOUND I TOLD HIM TO REPAIR IT WHICH HE DID AFTER A WHILE OF TIME. WHEN I GOT THE CAR BACK FROM HIM IT HAD A LITTLE DEFECT SO TOOK IT BACK TO HIM TO SORT IT OUT AND UNFORTUNATELY HIS EMPLOYEE GOT PULLED AND WAS NOT INSURED TO DRIVE SO THE FINANCE COMPANY REPOSSESSED THE CAR, SOLD IT IN AUCTION AND I PAID THE DIFFERENCE TO SETTLE THE DEBT.
CAN THE POLICE ISSUE PROCEEDINGS AGAINST ME FOR HIT AND RUN. I WAS PROVIDED WITH THE DRIVER DETAILS OF WHO HIT THE CAR FROM MY FRIEND. THE POLICE HAS NOT CONTACTED ME IN RELATION TO THIS MATTER EVER.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you received a S172 request for the identity of the driver?
Customer: replied 2 years ago.

my friend did provide the police with the driver details. police has not contacted me a single time. this is feb 2014 time. its just that i understand i have breached the contract by not having the car in my possession. The car was in my friends business name and insurance. i have just setlled the car finance

Expert:  Jo C. replied 2 years ago.
You may have breached the contract but that isn't the issue.
You were not the driver. You did allow somebody else to drive but they had insurance so that is a non issue. You are not responsible for the manner of driving of another person.
The only time this will be an issue for you is if the police begin to argue that they don't believe you were not the driver. Then you may have to defend this.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

The police have got the details and at the moment they have not contacted me. However, my friends insurance company is stating that the insurance on the vehicle was void as it was to be driven by only an employee and no one else. The persons causing the accident was not an employee and therefore insurance is not paying for the damages.

Can you please clarify if the insurers can sue me for the damages. I am not talking to my friend much as because of him i got into a financial mess.

The car was registered to his business address but had also my name on it too.

Will the insurers demand me to pay for the damages if my name is ***** ***** logbook [no address]

Expert:  Jo C. replied 2 years ago.
Yes, the insurance company do potentially have a claim if that is what the policy says but the police cannot prosecute if you were not the driver.