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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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My friend allowed her ex partner to drive her car on the

Customer Question

My friend allowed her ex partner to drive her car on the clear basis he had insurance. There was a RTA and it turns out he wasn't insured. He is foreign and has left the scene. The insurance company is now coming after my friend for the money (c £2500). This happened about 4 years ago. The situation has just reemerged from nowhere with another set of solicitors. How can it be her liability if she was not driving and therefore not negligent and effectively he was driving without her permission.
Many thanks
Submitted: 7 months ago.
Category: Scots Law
Expert:  JGM replied 7 months ago.

If he wasn't covered by your friend's insurance, what steps did your friend take to establish that he had his own insurance?

Customer: replied 7 months ago.
He was a former boyfriend and she asked him the question. He said he had insurance and she had no reason to not believe him. As it turned out when the accident happened, he realised he was only insured to do so in Norway ( he was Norweigian).
Expert:  JGM replied 7 months ago.

Unfortunately the law says that that isn't good enough. She should have made enquiries, asked for a copy of his policy and checked that it enabled him to drive her car. She has "caused and permitted" him to drive her vehicle whilst uninsured and therefor is is breach of the Road Traffic Act 1988. The difficulty is that the ex boyfriend wasn't driving without her permission even if she perceived the permission to be conditional on him having insurance. I'm sorry that that isn't the answer you will want but that is the legal position. Please leave a positive rating so that I am credited for my time.