Uninsured driver

[Georgia1206]

My friends daughter who has learning difficulties as well as mobility problems lent her car to a friend who did not have a full license. Police stopped this friend and seized the car. My friends daughter admitted to the police that she allowed this so-called friend to drive her car. She is due to get her car replaced in six weeks time, hasn't been interviewed as yet by the police Any ideas what will happen here as she is scared to tell her mum what's happened, whether she will not be able to renew her car and how RSA will look on this. She is vulnerable and the person driving her car took advantage of this. I don't think it's a good idea for her mother to shell out £1000 for this new car if motability will end up confiscating it. Not sure if she will get a caution or get the same points as the uninsured driver. There wasn't an accident thank god

[fwipperie]

My friends daughter who has learning difficulties as well as mobility problems lent her car to a friend who did not have a full license. Police stopped this friend and seized the car. My friends daughter admitted to the police that she allowed this so-called friend to drive her car. She is due to get her car replaced in six weeks time, hasn't been interviewed as yet by the police Any ideas what will happen here as she is scared to tell her mum what's happened, whether she will not be able to renew her car and how RSA will look on this. She is vulnerable and the person driving her car took advantage of this. I don't think it's a good idea for her mother to shell out £1000 for this new car if motability will end up confiscating it. Not sure if she will get a caution or get the same points as the uninsured driver. There wasn't an accident thank god

The best course of action is to speak with rsa and motability asap.

[Breaking Back]

Both the driver and your friend's daughter have committed an offence. Re your friends daughter:

Driving Without Insurance / Whilst Uninsured

I allowed a friend to drive my car believing they were insured when they were not. Where do I stand?
You are guilty of the offence of permitting the vehicle to be used by an uninsured driver and face a licence endorsement of 6–8 points and a fine.

There is a potential defence if your friend showed you an insurance certificate which appeared to be valid but this may amount to reasons as to why your licence should not be endorsed as opposed to reasons justifying acquittal.

http://www.drivingban.co.uk/drivingb...ere_do_I_stand

RSA will probably deny her cover however on appeal many of these refusals are overturned.

[Blastoff]

Best option is to extend your current lease and seek legal help if you can afford it, as you say she's vulnerable which is bound to go in her favour, if she's admitted to the police she allowed it then that's where a lawyer could help but if she hasn't you'll possibly find a loop hole if she denies allowing this "friend" which then that person could be charged with taking without concent.

Best of luck

[rich-ward]

My friends daughter who has learning difficulties as well as mobility problems lent her car to a friend who did not have a full license. Police stopped this friend and seized the car. My friends daughter admitted to the police that she allowed this so-called friend to drive her car. She is due to get her car replaced in six weeks time, hasn't been interviewed as yet by the police Any ideas what will happen here as she is scared to tell her mum what's happened, whether she will not be able to renew her car and how RSA will look on this. She is vulnerable and the person driving her car took advantage of this. I don't think it's a good idea for her mother to shell out £1000 for this new car if motability will end up confiscating it. Not sure if she will get a caution or get the same points as the uninsured driver. There wasn't an accident thank god

Why not talk to her mother? She will find out anyway. Sooner is better than later. How do you know about this and her mother doesn't (as I'm assuming the "friend" you refer to is the mother)?

You say the daughter is yet to be interviewed by the police yet you say she has already spoken to the police?

If the daughter is vulnerable then her family need to know what's going on - especially as there could be serious consequences to what's happened.

[carl30]

This sounds like me when i was younger. I let people drive my car who were uninsured and didn't have a licence. Fortunately the police were never involved. I do believe i was vulnerable to their manipulation and had difficulty saying no. What would be important is that the vulnerable person has took action to ensure this doesn't happen again. The police caught them that once, but how many other times had it happened.

What would happen next time someone tries to take advantage of her vulnerability? When they tell her that she was just unlucky that once, and she wont get caught again. When they make her feel guilty and stupid for saying no.

[Lighttouch]

It sounds like the friend had a provisional driving licence and would have needed a fully qualified driver sitting next to them to make it legal.

The other thing is that RSA would only have allowed this person to have driven if they were a nominated driver living within 5 miles of the car 'owners' home.

So the way I see it the police compounded the car because -

- the provisional driver had not been nominated by RSA and therefore was not insured to drive the car
- the provisional driver was driving illigally having no qualified driver sitting next to them
- the provisional driver took advantage of a vunerable person

So the provisional driver may get points and a fine.

The main car user will get their wrists slapped - no penalty points or fine but will need their parent to clarify who can drive the car.

RSA won't prevent the main driver from getting another car but will no doubt get a strongly worded letter reminding them about the rules. Also reminding the main driver that if a none nominated driver crashes the car it isn't insured and she will be liable for thousands of pounds of damage or injury claims.

[keithl]

If your friend thought that the other driver had their own insurance which covered driving other cars, then this would NOT allow them to drive a Motability car anyway. That clause always says "the insured may drive another car with the owner's permission". The cover provided is only third party. The owner of the car is Motability Operations and not the disabled person who leases it. Motability Operations would not give permission for the car to be driven with third party only insurance.

[fwipperie]

Bullet needs to be bitten and RSA abd motability contacted asap

[rich-ward]

I still don't understand why the OP who according to her is a friend of the mother of the vulnerable girl has not told her friend what has happened.