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JGM, Solicitor
Category: Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
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If I lend my car to a friend, I would like to know the risks

Resolved Question:

If I lend my car to a friend, I would like to know the risks involved. I have three scenario's and if there is something else I need to be aware of then please inform me.
1) my friend borrows my car and insured, but has had an accident under the influence of drink/drugs. Then I assume the insurance company wont cover it, so who will bear the cost of the repair to the cars involved (if taken into consideration its my frienda fault or not).
2) If I lend my car to my friend and I find out at a later date that there had been caught speeding and have got speeding ticket. Then what if my friend refuses to accept it and refuses to pay? How can I cover myself.?
3) If I lend my car to my friend and its been damaged while in thier possession and they refuse to pay the damage made then how will I cover myself?.
On all the above scenario's I thought is it possible for me to take a copy of thier license and have a written agreement in place (signed and dated) which states all the above factors and that they are liable for the time duration they borrowed the car for. Would this be something I can do legally?
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
1. Your friend would be liable for any damage to the vehicle if he drives whilst under the influence of drink or drugs on the basis that he should not have been driving at all.
2. If a speeding ticket is issued to you as registered keeper you can declare that your friend was driving and the ticket will be reissued to him.
3. You will hold him liable for the damage as th car was in his care.
Yes, you can have a written contract to cover all these issues. A letter of undertaking would be the easiest format and get it signed, dated and witnessed.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Can I ask for your advise and expertise in writing a template that I can use to cover myself? As I dont want to make a written agreement as per my knowledge and at a time of any scenario's the court says the agreement did not mention this point or its not legal. I

Expert:  JGM replied 1 year ago.
"I, name and address, acknowledge to have received on loan from you, vehicle registration number &&&&.
I undertake to return the vehicle to you on demand.
I further acknowledge that I shall be wholly responsible for the vehicle whilst in my care and shall reimburse you for all loss and damage to the vehicle except insofar as such loss and damage is covered by insurance.
I shall not drive the vehicle whilst not permitted to do so by law. I shall not commit any traffic violations or other breaches of the law whilst using the vehicle. I will not use the vehicle in any manner which would render void the policy of insurance in respect of same. "
Customer: replied 1 year ago.

Can I add at the bottom that "during the time frame I have borrowed the car reg XXX if I have committed any of the above then I take full responsibility for all damages and charges incurred"?.

Lastly what happens if they say they cant afford the the cost of the car ? Will the court rule it in my favour?

Should I have this written on a blank a4 paper or on a A4 paper with their license copy and have it signed by the person and myself and a witness?

Thats my last question.

Customer: replied 1 year ago.
Relist: Other.
Please have a look at my discussion with the previous lawyer and help me with an answer for my last question
Expert:  JGM replied 1 year ago.
Yes you can add that at the bottom but the agreement already says that in e third paragraph.
If they are in breach of the agreement then the court would rule in your favour. If your friend can't afford the damages that is a different issue. You can't get blood out a stone so if your friend isn't good for the potential damages because he doesn't have the money then not a lot can be done about that.
The agreement should be typed on A4 in th form of a letter addressed to you and signed by your friend and a witness. It should be dated. You do not sign it as it is a unilateral undertaking.
JGM, Solicitor
Category: Law
Satisfied Customers: 9973
Experience: 30 years as a practising solicitor.
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