banned from driving for uninsured test driver

[Jaw]

http://www.telegraph.co.uk/news/uknews/law-and-order/11585053/Motorist-selling-car-is-banned-after-buyer-was-killed-during-test-drive.html

A heads up for anyone selling a car. I always ask sellers to bring a certificate of insurance purely for financial protection - but hadn't considered the legalities. I think it's a bit rediculous.

A gent let someone test drive his car, said person crashed and died with the seller in the passenger seat. Gent wasn't insured, seller banned for a year. Now, I'd confidently say that I wouldn't be suprised if 80% of sellers don't ask for insurance on the basis of 'you break it, you bought it' or a princely cash deposit. But worth knowing that you're (possibly) effectively liable for letting someone drive your car without checking that insurance was in place. Will be interesting to see how the appeal goes, I think it is an absurd decision - if you partake in a private test drive you should make yourself aware of the insurance requirements imo which is how I thought it was. It would be interesting to see if a policeman pulling over the car would simply book the

 

[mmm-five]

But how do you check that they're really insured.

A fake certificate of insurance can easily be printed off, or fake ID with real docs could be used.

 

[techathy]

If someone produced what looked to be a valid & in-date insurance certificate, especially if it was against to the vehicle they arrived in, a reasonable effort was made to ensure they have valid 3rd party insurance to drive your car. One would also hope from a legal stand point reasonable efforts was enough to avoid prosecution given that we do not have access to the vehicle insurance database. Or is one expecting too much for common sense to prevail?

 

[DumfriesDik]

The law is an arse.

Surely it is up to the driver to have insurance. I feel for the fella.

 

[techathy]

It's an offence to knowingly allow someone to drive a car without insurance. It also appears that if you're the registered keeper/owner of the vehicle then you're responsible for checking insurance to drive the vehicle.

 

[pvr]

Are you committing an offense by allowing him to drive away after he paid for the car as I guess you no longer are the owner then?

 

[Nictrix]

When you put your car into a garage should you then ask who will be driving it while its there and ask for proof of insurance too?

 

[techathy]

Are you committing an offense by allowing him to drive away after he paid for the car as I guess you no longer are the owner then?

If you suspect they haven't got insurance then, yes. Most insurance companies will do a short term over the phone cover note/cover change.

When you put your car into a garage should you then ask who will be driving it while its there and ask for proof of insurance too?

I would be reasonable to expect a reputable garage to have valid insurance... I think.

 

[Jaw]

Are you committing an offense by allowing him to drive away after he paid for the car as I guess you no longer are the owner then?

If you suspect they haven't got insurance then, yes. Most insurance companies will do a short term over the phone cover note/cover change.

When you put your car into a garage should you then ask who will be driving it while its there and ask for proof of insurance too?

I would be reasonable to expect a reputable garage to have valid insurance... I think.

By that logic though to me it should be reasonable to expect someone going to purchase a car to have insurance as required by the law to drive any car..

 

[techathy]

One is a private individual doing something once in a while. The other, an established/registered business which requires such insurance do to their daily work. Very different scenarios.

 

[slick]

I'm sure I read somewhere that if the seller hasnt cancelled his or her insurance and the buyer crashes before he or she arranges their own insurance........your insurance is liable for all costs involved .

 

[techathy]

And 'returned' their insurance documents!

 

[Taz]

don't most people have insutance to drive any other car not belong to them, i always make sure thats on my policy

 

[Angie4m]

By that logic though to me it should be reasonable to expect someone going to purchase a car to have insurance as required by the law to drive any car..

Hence why some dealerships now ask for you to bring your full driving license to confirm not only your identity but to confirm that you are legal to drive. I found that very strange when I tried to test drive a car from the same garage I purchased my E88 from whilst waiting on some warranty work being completed. They wouldn't allow it as I didn't have both parts but had sold me a car not that long before and kept pestering me to sell it back to them.

Undortusnely even if someone did have insurance to drive your car, it will only be third party which means their insurance won't pay out if they had an at fault accident.

I know I have to keep pointing out to the lad at work that he can't drive another car as he's only a 'names' driver on his Mrs policy. He always forgets this which is truly scary and I know for a fact he recently looked at buying another car and went for a test drive as his mrs doesn't like driving unfamiliar or other people's cars.