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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75512
Experience:  Over 5 years in practice
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My step son used his mothers car thinking he was insured 3rd

Customer Question

My step son used his mothers car thinking he was insured 3rd party from his own car insurance. He had a minor accident ,shunted the car in front, he then discovered he is not insured. He has asked the other party if he can pay to repair the car rather than go through insurance but they won’t agree to that. Now he doesn’t know what to do, can you advise the best way forward please
Assistant: Where is your stepson? It matters because laws vary by location.
Customer: we are in Broadstairs in Kent
Assistant: What steps has your stepson taken so far?
Customer: He has spoken to the other party asking if he can pay to repair the car rather than go through insurance
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: like what?
Submitted: 12 days ago.
Category: Law
Expert:  Jo C. replied 12 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 12 days ago.
Hi Jo
Expert:  Jo C. replied 12 days ago.

Ok, did the other party say why he won't agree?

Customer: replied 12 days ago.
Yes
Expert:  Jo C. replied 12 days ago.

And what was that?

Customer: replied 12 days ago.
They won’t agree. I can try again but ultimately they are being guided by family We tried to resolve it amicably. My son is a mechanic and we need to problem solve the best way where there’s less impact on his career. They don’t know he was not insured at the time and they have got the ball rolling with their insurance company
Customer: replied 12 days ago.
We offered to buy their car from them or provide a new one
Expert:  Jo C. replied 12 days ago.

Thanks for the information

 

I can understand they might not want him to repair it but it might be worth offering to pay for repair elsewhere.

 

Alternatively, the only option is to tell them he is uninsured. Maybe they will report it. Maybe not. It doesn’t really serve their purpose very well to report it.

 

Equally it doesn’t serve their purpose to dig their heels in because if he doesn’t pay they will have to go through the MIB which doesn’t compensate very well.

 

Hope this helps. Please let me know if you need more information.

Customer: replied 12 days ago.
I will try to have a conversation with them we want to be honest. If no agreement am I contacting my insurance company. I guess so I’ll obviously be honest. Do you know how this would progress with no insurance for my son in terms of legally
Expert:  Jo C. replied 12 days ago.

Oh the insurance company are unlikely to call the police. It doesn't really serve the purpose of anybody here to do that. However, sometimes people do things that are ill considered. People are no logical.

Customer: replied 12 days ago.
Will he be arrested
Expert:  Jo C. replied 12 days ago.

No, they would just summons him to court.

Customer: replied 12 days ago.
I rang them just now. She refuses to negotiate. Do I need to call my insurance company now and come clean about it
Expert:  Jo C. replied 12 days ago.

I wouldn't do that yet. Just tell the other party. See if that changes her view. No point in telling the insurers until you have to.

Customer: replied 12 days ago.
Ok thank you
Expert:  Jo C. replied 12 days ago.

No problem and all the best.

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