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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice.
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. I have loaned my son a car to drive until he can

Resolved Question:

Hello. I have loaned my son a car to drive until he can afford his own he is 33 and does not live with me. He has his own full comp ins and is responsible for maintenance etc. the car will be returned in due course. I am not driving this vehicle , I share another vehicle with my wife. The DVLA have checked their data and found that I do not have ins for this car, which I do not and have told me I should sorn the car. Have I done wrong here by not having ins. I paid the last road tax £20 when requested to do so yet did not have ins at that time either. I do not want to transfer car to son. We had the reverse situation for 10 years. My son bought a car and when he no longer needed to use it I took it over but registration stayed with him and I paid all bills etc and was only user. He did not receive anything from DVLA re SORN etc. and car eventually sold.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
Have I broken the law?
Customer: replied 1 year ago.
As stated above have I broken the law in some way
Expert:  Jo C. replied 1 year ago.
Have you told them where the car is kept regularly?
Customer: replied 1 year ago.
Not yet, should I do this? Will it make a difference?
Expert:  Jo C. replied 1 year ago.
You don't need to be insured on a vehicle because you are the registered keeper but somebody needs to be primarily insured on that car.
However, the DVLA are entitled to know where this vehicle is kept on a regular basis and if it is not with you but that won't be the issue here.
I rather suspect that the problem lies with your son's insurance. Generally speaking insurance companies will not allow another person than the registered keeper to insured a vehicle although others can be added drivers.
If you do not have primary insurance on this vehicle then the issue will be that the DVLA will be saying that you are in breach of your duty to keep it continuously insured which is down to you as the registered keeper.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
My son has primary insurance and will have told the insurance company he is not the registered keeper. If I was to put him as a named on any insurance I held would that not be fraud?
Expert:  Jo C. replied 1 year ago.
Yes, you cannot lie to an insurance company.
If he has a primary policy of insurance upon this vehicle then you could argue that covers your duty to keep it continuously insured.
I don't know how he was able to get an insurer to do that since he is not the registered keeper.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69783
Experience: Over 5 years in practice.
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