Car accident in friends car with permission - no DOC, who is liable for cost?

sparky1983

minimoneysaver wrote: »

Did the police attend the accident? If so, they will have a record of who was in the car and who was driving. In other words, why would the insured driver & car owner, be sat in the passenger seat? Surely the police would think this insane!

Yeh the police attended and thats probably why they gave her 6 points, with 28 days day to appeal!

She's trying to find out if the accident is on CCTV as it was on a motorway. All they know is that it was a red car and it failed to stop.

I think she was asked to drive by the driver but I will check, think it was something to do with her wanting to smoke and my friend didnt want her to smoke in her car so they took the friend's car. It was just the two of them in the car. When the Police questioned the other girl about her 3rd party insurance not covering my friend she just said 'oh'!

sparky1983

forgotmyname wrote: »

Would need to take the friend to the small claims court i think max £3000?

If its clear cut they were in the wrong, If there is any dispute i dont think you can use it?

But taking her to court will cost money, Do they have the means to actually pay up?

No she doesnt, the only thing she can do is sell her own car! I think my friend offered to meet her halfway with the cost and would have to pay monthly installments. But I'm wondering if this could be too generous?

Quentin

Is there still more to this?

You tell us your friend was lied to, then as a result of being lied to ended up with 6 points + a £200 fine (and worse to come for years regarding obtaining her own car insurance), and is now offering to sell her car to pay half the costs in all this (when she was supposedly under the impression she was fully insured)!

sparky1983

Quentin wrote: »

Is there still more to this?

You tell us your friend was lied to, then as a result of being lied to ended up with 6 points + a £200 fine (and worse to come for years regarding obtaining her own car insurance), and is now offering to sell her car to pay half the costs in all this (when she was supposedly under the impression she was fully insured)!

She feels let down by the friend for saying that she would be insured when she wasnt. But at the same time she was behind the wheel when the accident happened. She is in trouble for driving whilst not insured and the friend is responsible for letting my friend drive her car while not insured (again she was probably under the impression that she was). So they are both responsible in a way. My friend for not making sure that she was insured and her friend for being naive. But not sure who should pay?! I think her friend should have got points aswell but as far as I'm aware she hasnt?

bengalknights

The owner of the car is responisble, they have basically lied to the driver by claiming the car is insured for any driver and thus should not only be taking the hit out there own pocket but also be paying the drivers fine as they claimed the driver was insured, if i was your mate i would put my foot down and point this out to them and refuse to pay.

Quentin

Your friend only drove after being told she was insured to do so. Had this been the truth, insurance would have covered this.

So were it not for the lie, this wouldn't have happened, as your friend only drove because she believed the owner. The owner is responsible. (Was the owner drunk?)

Yorkie1

I agree with Quentin (easier than typing it out again!)

cutandshut

In order to make a claim for the damage the owner of the car would need to prove negligence on the part of the driver and, from what I've read here, that would be difficult.

vaio

I’d say the driver could only be held responsible for the damage to the car if it was held she agreed to accept responsibility before she drove.

As the owner told her she was insured then I’d guess paying for damage wasn’t discussed let alone agreed.

Hintza

How many of you who are reading this have any driver cover?

Something doesn't sound right here.