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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47403
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My name is ***** ***** a motor insurance problem.i offered

Resolved Question:

hi,
my name is ***** ***** a motor insurance problem.i offered my old car to my stepdaughter and her husband as i was going to scrap it and their car was playing up. they turned up unannounced on saturday evening 31st january 2016 and collected the car i have moved recently and have been unable to locate the paperwork for the vehicle.
on tuesday 2nd february the husband was driving to an m.o.t. test and he had an accident.
he gave his insurance details at the time.it now turns out that his insurance was not valid to drive another car and an insurance company is coming after me for the claim.
i did not cancel the insurance for the vehicle as it was almost finished and i would have lost 1 years no claims bonus.
is this correct? i was not the driver and i was no longer the owner surely?
please help. this is causing me alot of stress.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is the driver not offering to take liability for the damage?
Customer: replied 1 year ago.
to my knowledge he has been arguing with with his insurance company confirming his liability, but according to someone who rang me his insurance did not cover him
Expert:  Ben Jones replied 1 year ago.
The issue with insurance is that it follows the vehicle. What that means is that if you lend your car to someone else who has an accident and they do not have valid insurance, it is the car owner’s insurance which will be responsible for any damages. So you can see how the aggrieved party could come after you for this. What you will have to try and show is that you were no longer the owner of the vehicle but as this was all done informally and verbally, you will be relying on the new owner’s confirmation that his was the case. When ownership changed hands is a question of fact, it would not automatically be when he took the car as you may not have intended for it to happen then. Usually in the case of selling the car, it would be when payment is made and possession is taken but here it was basically gifted so it would be when you and the new owner had agreed that ownership would take place. Often that may not actually be agreed specifically so you will have to show that through your actions (i.e. you giving the car and him taking it) it could be concluded that ownership had changed hands there and then. That is when the new owner can be held responsible for any damages. The problem as you may guess that this is all a bit uncertain and only a court can decide with a degree of certainty whether you were still the owner or the other person had taken ownership. So whilst you can argue your case at present, the other party does not have to accept that and if needed can go as far as court, but if that happens then the court will decide who was the legal owner at the time of accident and they will be responsible for this. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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