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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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I have two cars in my name my current car has all family members

Customer Question

I have two cars in my name my current car has all family members on my car insurance.
I have another car which I gave to my daughter who insured this car. The car was in the garage for six weeks she cancled her car insurance and continued to drive my car.
Once the car was fixed I drove the car as my son had my car. I have insurance on my car that covers me to drive any motor vehicle owned hired leased or borrowed by the policy holder. The DVLA are now taking court action for a uninsured motor vehicle.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

I have to go to court if I plead not guilty which I am not the only offence I think is that I have not signed the car over to my daughter which I have now. I have never in all of my time driving ever been without car insurance I have to choices I think I can say my daughter has had the car since july last year or I can say I was driving it and hope that my insurance covers it either way I am not responsible for having no insurance my daughter is.

Regards Sophia

Expert:  Jo C. replied 3 years ago.
I presume the DVLA are pursuing you for failing to keep continuously insured?
Customer: replied 3 years ago.

Yes but I have car insurance on my other car as I explained I think it covers me to drive any other car loaned or borrowed

Expert:  Jo C. replied 3 years ago.
Yes, but there is no specific insurance policy on this car?

If so, did you declare it SORN and keep it off road?
Customer: replied 3 years ago.

No as it was not off the road had insurance cover untill oct then I handed it to my daughter but did not send the the forms to DVLA

Expert:  Jo C. replied 3 years ago.

I'm really sorry but you are in difficulty here.

Until you actually completed the V5 signing it over to your daughter with the DVLA you remain the keeper.

It used to be possible to avoid the need for insurance by keeping a vehicle off road but now under the new law a keeper must have continuous insurance or declare their vehicle SORN. Unfortunately, you did not.

I realise that you do have cover that would have allowed you to actually drive this vehicle but that does not mean this specific vehicle was insured. On that basis, if you follow the logic through, the fact that you have insurance to drive other vehicles would mean that nobody else in the country could be prosecuted for keeping their vehicle uninsured because yours would cover you if you drove it. Vehicle keepers must have insurance for those specific vehicles now even if kept off road.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?