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How do we stand on this?

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sarahsfriend | 11:40 Tue 26th Sep 2006 | Motoring
7 Answers
My son was driving my car that is insured in my name with my son as a named driver. He lent the car to his friend who he thought had his own insurance (just to go to the shop!). His friend was stopped by the police and asked to produce his documents. It turns out that the friend was insured on a company insurance and not insured for my car. How do we stand on this?
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Not your problem!
I am sure it is the drivers responsibility to ensure that he is insured for the vehicle
Yes as above, drivers repsonsibility to be insured. Just get your son, if questioned, to state that he believed the driver was insured.
Although, I'd give him a rollicking for lending your car out!
would not have been funny if he had had a accident in it.
The previous answers are not completely accurate.

It is an offence to drive a vehicle uninsured (which is the driver's responsibility) however it is also an offence of equal magnitude for the registered keeper to permit, cause, or aid and abet a driver to use a vehicle with no insurance.
Absolutely Kempie.

Your son had a responsibilty to ensure that the friend was insured - never take their word for it always ask to see proof - they may be mistaken. The son can be summonsed too for aiding and abetting - but this is rare. If the friend can get hold of the works insurance - they might have a clause where he may be third party for another vehicle but exhaust your avenues before talking to the police and then tell them the truth - that the friend insisted that he was insured.
Sorry Kempie's right

http://www.cps.gov.uk/legal/section9/chapter_a .html

Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance.

Now this is a bit of a long shot but

A statutory defence is provided by section 143(3) RTA in relation to a driver who unwittingly drives his employer's uninsured vehicle.

You could perhaps try to claim a defense under this that you believed it was covered under the employers insurance

But really the friend was driving without the owners (you) permission wasn't he?

It's getting rather complicated - hopefully the police and CPS will think so too and won't come after you but if they do I'd get some legal advice if I were you


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