Car Stolen By Repair Man!!

Kingali30

Okay so here goes.

I am in the motor trade, just a general sole trader who occasionally buys and sells cars, mainly damaged cars and repair to sell on.

I have given a car to repair to a repair man who works at a garage - I haven't given it to the garage, just the person I know who works at the garage (he was using the garage to do his work). It was all repaired and just required some upgrading, i.e. parking sensors/some odd spray form to tidy up scratches etc. What has happened today is that I've had the police call me and inform me that my vehicle has been abandoned and has been recovered.

Obviously shocked I went to the recovery place to see the car smashed up, flat tyres, scratches, bumper smashed, window smashed. The guy repairing the car is nowhere to be found, phone off, garage owner said that guy was just self employed and worked independantly at his garage i.e. used his tools etc. Repair man is a disqualified driver who has a long history (what the police told me). I clearly stated to the repair man that I dont want my car being taken anywhere without my permission as it has no tax.

I have been to the police and reported it as stolen. I have spoken to the person who provided my insurance who advised that the insurance company WONT cover me as I had given my key to the repair man and it is his responsibility and the insurance policy only covers me and whoever is on the policy if we are driving or in possession of the vehicle.

What can be done? No doubt I will prosecute and ask for compensation (but going by the information I am getting about this repair man is that he has a history of stealing charity tins so im unsure about compensation). So I just need some advice and some help really :-(

dacouch

Who are you insured with?

Are they aware you're a motor trader?

nickcc

Do you have a Motor Traders policy and if you do doesn't it cover you for any driver who drives with your permission. Not sure how you stand with him being banned but if you weren't previously aware of this then you're insurer may pay up.

Kingali30

Yes. I'm with tradex, motor trade policy.

Kingali30

nickcc wrote: »

Do you have a Motor Traders policy and if you do doesn't it cover you for any driver who drives with your permission. Not sure how you stand with him being banned but if you weren't previously aware of this then you're insurer may pay up.

I'm unsure about that, I mean the insurance broker advised that only the people on the policy are insured. Anyone else isn't. Plus this person took the vehicle without my permission as it had no MOT and I specifically told him not to take it anywhere.

dacouch

Kingali30 wrote: »

Yes. I'm with tradex, motor trade policy.

Oh dear...

nickcc

Kingali30 wrote: »

I'm unsure about that, I mean the insurance broker advised that only the people on the policy are insured. Anyone else isn't. Plus this person took the vehicle without my permission as it had no MOT and I specifically told him not to take it anywhere.

When I had a traders policy any driver with my permission was included, all dealers must have this on their policy otherwise buyers would be unable to road test their cars. I presume he had to drive the car during the time it was in for repair even though it may have been on private land so he should have either his own insurance (unlikely) your insurance or the owner of the garages insurance which should have covered him.

thenudeone

No insurance policy will ever provide cover a disqualified driver, even if they are a named driver or even the policyholder. They are always listed as an exclusion on the certificate.

The insurer may be forced to pay out to third parties under the RTA 1988, but I'm afraid you have very little chance of them paying out for any other damage, regardless of what type of policy you have.

staggy

nickcc wrote: »

When I had a traders policy any driver with my permission was included, all dealers must have this on their policy otherwise buyers would be unable to road test their cars. I presume he had to drive the car during the time it was in for repair even though it may have been on private land so he should have either his own insurance (unlikely) your insurance or the owner of the garages insurance which should have covered him.

OP (and his broker) are probably right. Motor Trade policies issued by Tradex would normally be on a "named driver" basis. The named drivers would be the policyholder and anyone he declares as employed by him in his car sales business. There would be an additional cluase allowing prospective buyers to road test the cars providing they were accompanied by one of the named drivers. Unaccompanied demonstration cover is normally only offered to big garages with a high sales turnover.

Have to agree with the last post, its unlikely that the insurer will pay this claim as described. The driver was not covered and there's been no theft as the keys were offered with consent.