Drunk driver writes off car but we are laible for third party damage!

Pops123

Everyone should know this! My daughters car was taken without her permission by a drunk 'friend' and written off. He wrote off a company van and damaged 3 other cars in the process thank god no one was hurt. He gets £250 fine a drunk driver awareness course and a 15 month ban.....we get a letter from the insurance saying she is liable for 'any third party claims for which they are not liable'!! Potentially thousands which she hasn't got ok they take her to court and she pays £10 a month but her credit rating will be slashed she's only 21 how is this fair?? We were nice we didn't charge with theft because the family who were mortified offered to pay for her car he would have been thrown out of university and as we read the small print and realised we would not be insured for her car anyway as its a take without consent this seemed like the best way forward. Moral of story It doesn't pay to be nice...tell your sons and daughter LOCK your car keys away!

Pops123

sorry just noticed spelling mistake should read 'Liable' just shows how stressed I am.............

MrsE_2

It's because you didn't charge with theft.
Either it is theft or it's not.
If it is, then he should have been charged with theft, if it's a loan then your daughter lent her car.
It's not for you to decide if he should or shouldn't be punished.
I can understand you not wAnting to charge, but you left yourself open to this.
Why should your daughter suffer this, if he stole her car?

Quentin

You need to report the TWOC to the police and your insurer.

Or she face the prospects you have mentioned plus having this incident on her insurance record to be disclosed too! (If they cancel/void her policy over this then this has to be disclosed for ever more - many insurers refuse to quote if you have a cancelled policy on your record)

Pops123

Thanks yes Police obviously involved anyway she made a full statement. Apparently theft is not theft if you know the person who took your keys its a Take Without Consent (TWOC) and most young peoples insurance does not cover them for this which is why I thought people should know!

harveybobbles

Theft is theft regardless of who you know.

My daughters car was taken without her permission by a drunk 'friend' and written off

Should have reported as stolen.

matttye

Actually you're all confusing the difference between theft and TWOC.

Theft is an intended permanent deprivation (i.e. you never intended to give the property back).
TWOC is to cover a temporary deprivation (you intended to give the vehicle back).

If you intend to give something back, it's not theft!

Examples:

Theft of a motor vehicle = taking someone's keys in the course of a burglary and then driving off in their car.
TWOC = taking your mum/partner/sister/brother's keys and popping to the shop in their car without asking.

Pops123

Excuse my ignorance but what does DCA stand for? Does this mean the insurance company can't take her to court to recover their losses? We have decided to get legal advice and just found out that as she's a member of the AA apparently she can get it free through them and they should know the law (hopefully).

forgotmyname

DCA = Debt Collection Agency.

The people who phone until your sick of them then send letters saying they will call to your property if you dont pay them.

Ive been in a situation where i had to turn the phone off and ignore the door. If you think its stressful now you need to avoid them getting involved.

Debts are valid for 6 years. So they will have plenty of time to take her to court for the money.

Quentin

Pops123 wrote: »

Excuse my ignorance but what does DCA stand for? Does this mean the insurance company can't take her to court to recover their losses? We have decided to get legal advice and just found out that as she's a member of the AA apparently she can get it free through them and they should know the law (hopefully).

The use of "DCA " is irrelevant to this thread (the poster you have read using it mentions it in every post he writes irrespective of its relevance). Don't let her ignore any documents she gets from a court.

Her insurer can pursue her (and/or the driver) for their losses as they wish.

matttye

Pops123 wrote: »

Excuse my ignorance but what does DCA stand for? Does this mean the insurance company can't take her to court to recover their losses? We have decided to get legal advice and just found out that as she's a member of the AA apparently she can get it free through them and they should know the law (hopefully).

Everything written below the little blue line on someone's post is called a "signature" and it appears at the bottom of all of that person's posts. It doesn't necessarily have any relevance to your thread.