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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9888
Experience:  I have been practising for 30 years.
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Daughter is named driver on her dads car insurance She was

Resolved Question:

Daughter is named driver on her dads car insurance
She was passenger in her dads car but let her boyfriend who is not on our insurance and only has a provisional license, drive the car
A collision with another car occured
No bodily injuries to anybody but damage to both cars
What are the consequences ?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Daughter is 21 and had a full license for 18 months ...... boy friend is 20
She and her boyfriend were the only passengers in her dads car at the time .....
Expert:  F E Smith replied 1 year ago.

There are a lot of far-reaching consequences to this.

There is a possibility that both her father and she would be prosecuted for allowing an uninsured driver to drive the car. It’s unlikely the father would be, but it’s a possibility.

The driver is uninsured and hence, he is responsible for the cost of the damage to all the cars plus any injuries. You say there are no injuries, but in cases like this, injuries seem to miraculously appear when the no win no fee solicitors get to hear about it. It remains to be seen whether that happens.

If he is uninsured, any claims for the third party car will be dealt with under the Motor Insurers Bureau uninsured driver scheme and they will probably insist that the fathers insurance pays out and the father would lose his no claim bonus.

The insurance company will pursue the driver for whatever they have to pay out on this.

In addition to driving with no insurance, the driver could be prosecuted for driving without a licence.

Even if the father is insured fully comprehensive, it is unlikely that his own insurance company will pay for the damage to the car because the driver doesn’t have a licence.

Can I clarify anything for you?

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Best wishes.

FES

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your response
Do you have any idea what the outcome of prosecuting my daughter for allowing her boyfriend to drive the car is likely to be ?
Will she loose her license? Could she be looking at a driving ban / fine ? Is she likely to have to appear in court ? She is distraught by the event and just want to prepare her best I can for the outcome .... She is asking me a lot of questions I am unable to answer for her.
Boyfriend has already paid for the repairs to our car and we have received a form to complete from our insurer ( even though my husband had not yet advised them re the collision )
Will She need to get some legal representation ?
Many thanks ........