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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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My nephew got in to an accident whilst driving my car. I did

Customer Question

My nephew got in to an accident whilst driving my car. I did not know he was driving - he was not insured. The accident happened over a month ago, and I've only just been informed that a claim has been made. Sainsburys car insurance say because I did not know he was driving, this would be classed as a stolen vehicle and I would need to report this to the police for the claim to be progressed. This obviously means serious consequences for my nephew, stolen vehicle - uninsured driver. They've said if i say i was consenting, i would be liable for the claim - I would much prefer to shoulder the costs than for my nephew to come out of this with a criminal record - but what could happen to me, my license, my car?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

You mean if you report it?

Customer: replied 11 months ago.
if i say i was consenting to my nephew driving my car knowing he was not insured.
Expert:  Jo C. replied 11 months ago.

To whom were you going to say that?

Customer: replied 11 months ago.
to my car insurance providers - Sainsbury's
Expert:  Jo C. replied 11 months ago.

You can't lie to an insurance company. That is unlawful although I suppose that it is not fraud because you would not be covered if you were consenting.

In any event, if you were consenting to him driving they would not pay out as he was driving unlawfully.

They may make a report to the police and then you would be at risk of a prosecution for permitting no insurance which carries 6 points and a fine although that is not likely to happen.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
I told them I did not know he was driving the car - so they said this would be classed as a stolen vehicle. Can they force me to report my nephew?
Expert:  Jo C. replied 11 months ago.

No, but if you don't they could report it to the police as a permitting no insurance although that is not likely.