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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My car was taken without my consent by my brother (who doesn't

Resolved Question:

My car was taken without my consent by my brother (who doesn't live with me) he crashed my car and wrote off another car. My insurance is now saying I'm liable for all costs as I didn't press charges against my brother.
They are pressuring me to sign a consent and indemnity form - am I better off doing this or hiring a solicitor to fight the case for me?
Here's the link to my policy http://www.admiral.com/policyDocs/AD116%20_policybook_0313.pdf
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.
You mean fight the claim against the other driver?
Customer: replied 2 years ago.
Hi sorry I mean hire a solicitor to act on my behalf, I don't feel I should be liable when I wasn't driving the car - can't they bypass me and forward all costs to my brother? Worried as I don't want to end up in court.
Expert:  Jo C. replied 2 years ago.
I am really sorry but you will end up in court and a solicitor isn't likely to be able to make much difference.
Your insurance company will not honour this. They will say that the fact that you haven't supported a prosecution suggests he was driving with your consent and they do not insure him.
You are therefore liable as the registered keeper unless, of course, you can convince a court that you did not give your consent. That is a question of fact although the fact that you didn't support a prosecution is going to be held against you.
If you do have to pay then you could recover by suing your brother as even if he had your consent he is still liable for negligence.
I am sorry but that is your position.
Can I clarify anything for you?
Jo
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