Car stolen - Am I liable?

Snowy5

Hi, I am hoping someone can advise me who has some knowledge of this.

My 19 year old son, who was having mental health issues at the time, took my car without me knowing. He had no experience of driving at all! Unfortunately while out, he hit a pedestrian, with the wing mirror, who was walking on the road. The victim's forearm was broken.

The victim is persuing a personal injury claim through my car insurers which my insurers will pay out, but they say I must repay them. Is this correct?

Aylesbury_Duck

Snowy5 wrote: »

Hi, I am hoping someone can advise me who has some knowledge of this.

My 19 year old son, who was having mental health issues at the time, took my car without me knowing. He had no experience of driving at all! Unfortunately while out, he hit a pedestrian, with the wing mirror, who was walking on the road. The victim's forearm was broken.

The victim is persuing a personal injury claim through my car insurers which my insurers will pay out, but they say I must repay them. Is this correct?

I believe so. They are recovering their losses.

Car_54

I imagine they will say that either (a) your son was driving with your permission, in which case you are responsible, or (b) your car was taken without your permission, which should have been reported to the police.

BoGoF

Did you report as stolen to police?

debtdebt

Car_54 wrote: »

I imagine they will say that either (a) your son was driving with your permission, in which case you are responsible, or (b) your car was taken without your permission, which should have been reported to the police.

Yep.

If the car was taken with your consent, the insurer will go after you as you allowed this to happen and consented to it.

In the alternative, if you want to claim that the car was taken without your consent and was TWOC'ed by your son, you're going to have to report the matter to the Police, and give them evidence to help them charge and prosecute your son. If this occurs, there maybe enough evidence to show that the vehicle was indeed taken without your consent. In these circumstances you'll probably be off the hook but quite rightly, they will go after your son for the outlay.

They'll go after you or your son.

What was this "mental" episode? Was it properly recognised and diagnosed or was it just an excuse which won't wash with the Police or insurers?

Snowy5

Thank you for your responses. I did report to police and pressed charges for taking/stealing my car. My son is now in prison, given a sentence of 20 months. His barrister told the judge that if he got a non custodial sentence he would keep his job and be able to pay the compensation to the insurance co. The judge said it was nonsense that I would have to pay and the victim would go to the MIB.

debtdebt

The judge doesn't know what he is on about. The MIB are an insurer of last resort, ie they cover damages where there is no other insurer involved.

In this situation, your insurer are on the hook as they insured the vehicle and there is an identifiable driver. They have a duty to satisfy third party claims under the Road Traffic Act.

They should go after your son if he's been convicted.

Snowy5

My son has never been in any sort of trouble ever. He did a really really stupid thing. I can't believe a crown court judge won't believe/accept that I have to pay! Surely he should know?

debtdebt

A Crown Court judge deals with criminal matters, an insurance claim is a civil matter. Totally different laws.

Are you actually appreciating the difference between you having to pay or your son having to pay?

Dr_Crypto

Why would the OP have to pay? Her car was stolen (by the son). Her insurance may pay the injured person and recover the funds from the thief (sin) but not the OP since she was also a victim of her son’s criminality.

worried_jim

Snowy5 wrote: »

My son has never been in any sort of trouble ever.

20 months for a first offence of twocing your car? Wow! The courts have got very tough.