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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11844
Experience:  I have been practising for 30 years.
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I have sent my question in already. My daughter is in a

Customer Question

I have sent my question in already. My daughter is in a violent and abusive relationship and is very controlling. He has removed her name from her car insurance without consulting her a few weeks ago. She has now been involved in a car accident and has discovered he accessed her paperwork to this. How can she prove this?
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Hello for clarification - are they married?

how long together?

why would he take her name off?

Customer: replied 10 months ago.
No.They are together 7 years.
He is very jealous and controlling and just wants her to stay at home with the children while he manages everything. He cuts off the electricity, stops giving her money and lots of other horrible things, but she is worried as this will affect the points on her licence.
Customer: replied 10 months ago.
Is that £42 as well as £47 I have already pledged?
Customer: replied 10 months ago.
This is not good enough. I am reporting this site.
Expert:  F E Smith replied 10 months ago.

I’m afraid this is not a chat service. It’s an email reply board and there may be a delay getting back to you because we have other users and clients and travelling.

A telephone call is extra. We can just continue on here.

How does she know that he accessed her car paperwork?

Has she had a visit from the police?

Whose fault was the accident?

Customer: replied 10 months ago.
She was hit by another vehicle. He had access to everything as he controls all paperwork and documents. She has reported him to the police a few times but nothing changes.
Expert:  F E Smith replied 10 months ago.

I am going to leave the relationship problems out of this because you haven’t asked any questions about them and they are not relevant to the question here, to the greater extent.

If she was hit by another vehicle and it’s the other vehicles fault and she was injured, not having insurers will not stop her bringing a personal injury claim against the other driver. She will have to get solicitors to deal with it on a no win no fee basis but her own insurer, even if she was insured, would not deal with a personal injury/uninsured loss claim anyway.

If this goes to court and she is charged with driving with no insurance, she can summons him as a witness although whether he is going to lie or not is something else altogether.

Driving with no insurance is an offence of strict liability. You drive with no insurance, you commit an offence. She drove with no insurance and hence she committed an offence. The onus/duty is on her to make sure that she has insurance and whilst it is clearly impractical for her to check that her partner has not removed her and to do so on a daily basis, if she is aware of his nature, that’s what she must do.

By letting him have all the details to her computer and insurance account and all the log in details et cetera she has compromised the account.

It comes down to whether the magistrates would accept that he had removed these details and in doing so they would consider how long the vehicle had been insured for, how long she had been on the insurance, and what the reason was for removing her. If she were no longer driving the vehicle for example, there is actually no need to remove someone because there’s no money to come back in any event.

If she does get successfully prosecuted for driving with no insurance (grossly unfair based upon these circumstances) she could potentially get a fixed penalty of £300 and six penalty points although it goes to court she could get an unlimited fine and disqualified and there is also a risk that the vehicle can be seized and destroyed.

In addition, her next year’s premium will be higher.

You ask how she can prove that he accessed her paperwork and obviously, there is no way of doing that although if he did it over the telephone, then maybe a telephone recording of that conversation when it would be obvious but it wasn’t her although as she is obviously female and he is male, it seems unlikely it would have been done over the telephone.

Can I clarify anything else for you?

Customer: replied 10 months ago.
the other vehicle is taking responsibility. He is 6ft 3 and she is 4ft 11. He is violent and has a very clever controlling personality and has unfortunately always forgiven him as the children love both their parents. He sent me a nasty text threatening to cut off her insurance. I ignored it because I knew he wasn't paying it, as I paid it my daughter has been paying me off monthly and still is. As for his reasons...who knows.. insecurities, bullying...he ticks all boxes for domestic abuse. My daughter has been getting counselling for anxiety and stress and this whole situation has increased her mental stress.
Expert:  F E Smith replied 10 months ago.

Thank you. Can I assist further?