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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11553
Experience:  30 years as a practising solicitor.
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Hi, I bought a car for usibg when my main car was off the

Resolved Question:

Hi,

I bought a car for usibg when my main car was off the road, during this period I had fully comp insurance on the vehicle. When my main vehicle came back on the road I leant the car to a friend who needed a car for work. Around a month passes when I leave the country for a holiday when I transferred the V5 to my friend and canceled my insurance policy. As far as I was aware the V5 was proof of ownership and as there was no digital exchange of money there is no proof that I no longer own the car despite not being the registered keeper.

Around 3 months after this my friend got stopped and as he was driving the car on his policy for his first vehicle not the tempory one as a result he is now going to court facing a hefty fine and points.

If he can prove that someone else was still "owner" of the car his insurance is valid, my problem is if they deem myself to be the owner of the car can I be prosecuted for not having insurance? How do you prove ownership of a car bought second hand?

Any help greatly appreciated.

Thanks
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The owner of the car and the person named on the V5 are not necessarily the same person so you could say that you retained ownership of the car and lent it to him.

My concern is that whilst your friend may have had insurance to drive the vehicle itself may not have had insurance as it is required to do under the Road Traffic Act. So you are right if you say you were the owner but did not have insurance you are the one that would be charged.

Your friend should have insured the vehicle.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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