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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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my son allowed his girlfriend to drive his car round Tescos

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my son allowed his girlfriend to drive his car round Tescos car park.she drove the vehicle into two parked cars,they have both been prosecuted by the authorities in November 2013.now my son has just recieved a letter off of his insurance company saying he owes £6040 for the accident how does he stand as he was a passenger in the car but wasnt driving it,also the third party are also chasing his girlfriend for £7000 towards the accident.
My name is***** and I'm happy to help with your question today.
Did the girlfriend have a full licence and insurance?
If not presumably your son was prosecuted for permitting her to drive without insurance?
Customer: replied 3 years ago.

no his girlfriend did not have a full licence or insurance.my son had his licence endorsed with six penalty points and revoked under the new drivers scheme

OK.
The girlfriend is liable for the damage she caused through her bad driving. Ordinarily as you know when an accident occurs the insurance company take over and deal with any claim. Where no insurance exists for that person then he/she is personally liable for an damage caused.
Your son may be liable under the principle of joint and several liability. If he permitted his girlfriend to drive the car knowing that she did not have a licence or insurance then he is assuming a certain amount of risk for her behaviour. In the circumstances the third party would be entitled to make a claim against him also and if the matter went to court a judge would probably find him liable under the principle mentioned above. Saying that he is a passenger will not absolve him of responsibility unfortunately.
I am sorry to give you such negative information but I have a duty to be honest and objective about the legal position as a solicitor.
Alex
Alice H and other Law Specialists are ready to help you
Customer: replied 3 years ago.

thankyou for your help

No problem. All the best.