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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71134
Experience:  Over 5 years in practice
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My husbands son took my car without my knowledge on 7 August

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My husbands son took my car without my knowledge on 7 August 2014, I reported it to the police but did not want to prosecute him, the reaons i reported it was incase there had been any accident or speeding fines the police came to my house and said they checked and nothing at the time had been reported, I have now received a phone call on Sat 23 August from my insurance stating that an incident had happend on 7 Aug and did I know anything about it, I replied that I did not know anything about this, I then realised that was the day he took my vehicle. My concern is why should I be liable for this accident when I was not driving and did not know he had taken mycar, the insurance people are calling me back to night should I prosecute him for this and is there anyway that I will not penalised for this as I do not see why I should suffer with regards ***** ***** no clalim bonus and rise in insurance. He took the keys from the sideboard on Friday morning while I was upstairs getting ready for work he was staying with me for a few days but was not left in the house while we were not there,he is a drug addict. I trusted him and this is how he repays me.
Thank you.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.

I would like to know if I am liable for this as I did not drive the car and cause the accident it was my husbands son who took it without permission so will it affect my car insurance and premium if I did not cause the accident. I am worried as none of this is my fault.

I am really sorry and I wish I could give you a different answer but I cannot.
You didn't support the prosecution of him. Therefore the insurance company will say he acted with your permission. Therefore you are liable.
There is nothing positive I can say I'm afraid. Had you posted before I would have made the point that they would take this action if you weren't supportive of a prosecution.
I understand why you did not want to give evidence against him. Normal families don't resolve their disputes in that way. However, that is the effect I'm afraid.
I'm very sorry.
Can I clarify anything for you?
Customer: replied 3 years ago.

Hi Jo

Thank you I did report this to the police and was given a crime number when checking they said there had been no accidents or speeding tickets, they asked if I wanted to prosecute I said no as long as no offence had been committed, but now I have found out from the insurance there has been an incident and would now like to prosecute he lied to me and said he did not take my car I am so angry.

Yes, I do understand.
However, come what may, their view will be that he had permission because you didn't prosecute.
You can always sue him to recover.
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