Am I liable? Accident involving a car registered to me

Milky_Mocha

Am I liable if an accident occurred in a vehicle to which I was registered as the keeper at the time, even if the driver (who I believe is probably at fault) is not a named driver on my insurance policy and did not have my permission to drive it under my insurance? He should have had his own insurance.

vikingaero

Did you give the driver permission to take the vehicle irrespective of whether you wanted them covered under your own insurance?

McAzrael

And did he lead you to believe that he had insurance?

Milky_Mocha

vikingaero wrote: »

Did you give the driver permission to take the vehicle irrespective of whether you wanted them covered under your own insurance?

I had sold the vehicle to him a few weeks (less than a month) earlier but had not transferred the keepership to him in terms of documentation because he had not paid fully yet.

SPANIEL36

the only way of getting around this is sending off the V5 but backldating it to the day he bought it. You might just get away with it...then again you might not

when i sold my car a few weeks ago, i had to suspend my policy until i got another because if there was still insurance on that car in my name even though i didnt own it, the third party could still claim as the car was classed as insured. Strange but true!! The person you sold it to SHOULD have had their own insurance. You should've also cancelled or suspended the insurance on your car when you sold it

Milky_Mocha

McAzrael wrote: »

And did he lead you to believe that he had insurance?

He himself drove a vehicle prior to purchasing mine and I had no reason to believe he did not already have insurance. Besides when cars are sold I understand the onus to be on the buyer to ensure they are driving legally. In fact I think, and correct me if I'm wrong, that even if it wasn't a sale, then unless the person is a minor, he is still responsible for ensuring he has insurance.

vikingaero

Milky_Mocha wrote: »

I had sold the vehicle to him a few weeks (less than a month) earlier but had not transferred the keepership to him in terms of documentation because he had not paid fully yet.

It's a difficult one. Technically you are the ultimate owner because I assume full title wouldn't pass to the buyer until he had paid you in full. And he is also a co-owner because he has paid you some money for the vehicle.

I take it that the Police or other Insurer have done a MID check and found that you are still insuring the car? In some circumstances your insurer can be forced to pay for an accident (ie if say a thief stole your car and hit a pedestrian) but normally they have to go to Court to "apply for cover". But that is where someone stole your car. Where you have part sold your car then it possibly could lead you open to covering the other driver. Maybe others have a view on this?

anewman

Would have been best to make sure they pay in full before giving the vehicle. You're not a bank or a loan company.

McAzrael

What kind of liability are you worried about?

Milky_Mocha

Actually I've not been found liable for anything. Just wondered why the other party in the accident had their solicitor contact us for a 'statement'. I just want to know where I stand in case they try anything.

The V5 was correctly dated ie the time the sale occurred and the DVLA have that and confirmed we are no longer the registered keepers.

I eventually managed to speak to a solicitor just to get their viewpoint and they find it highly unlikely that I'd be found liable if it goes to court although he said the other party might try. Thanks for your input. I'm just wondering though did any of my replies on here come from a solicitor or are they layman's views?

Milky_Mocha

vikingaero wrote: »

It's a difficult one. Technically you are the ultimate owner because I assume full title wouldn't pass to the buyer until he had paid you in full. And he is also a co-owner because he has paid you some money for the vehicle.

I don't disagree that 'technically' I was the owner. I'm trying to understand how that makes any difference as I wasn't the driver and the driver didn't have my permission to use my insurance - he can't use my insurance even if I did give him permission to because he is not a named driver - and also the fact that he isn't a minor.

If I purchase a car on finance and only pay a deposit and have an accident (my fault) without my insurance does the finance company have to pay?