Can any one help, being sued for 1,200 pounds, I need to go bankrupt anyway, will this clear the dent?
anyhelp please
spires.andrew@googlemail.com
2007-04-23 05:14:23 · 14 answers · asked by mandy s 2 in Cars & Transportation ➔ Insurance & Registration
Yes it will but going bankrupt is a bad idea, you will never be eligible for credit, have a mortgage or start a business. Why not get in touch with a financial management company. They will put all your debts into one with a low payment. each month. Some even half your total debt
2007-04-23 05:19:10 · answer #1 · answered by Tyanna-Daisy 5 · 2⤊ 0⤋
How did you come to be driving a company car that had no insurance? I thought that it was the norm for company cars to be insured by the company, certainly the car can not be taxed without insurance. If the insurance had lapsed then the company is liable I would say, if there was no insurance than you should not have been given the car to drive, but it is unfortunately your responsibility to check that the insurance covers you. Going bankrupt will clear the debt but will throw other financial problems your way in the future.
2007-04-23 12:22:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you were driving a company car on company business then your employer is totally liable for all your actions. They must pay.
If you were on private use, but within the terms of use of the car then they are probably liable as well. This would include commuting for example.
If on the other hand you "borrowed" a pool car for a shopping trip then you are on a sticky wicket.
I don't think you would be bankrupted just over £1200, but if you couldn't pay the Motor Insurers Bureau would pay out and chase you for ever for the debt. (I assume you meant debt, and not dent)
2007-04-24 04:06:04 · answer #3 · answered by The original Peter G 7 · 0⤊ 0⤋
Section 143 of the 1988 RTA
A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b) that he was using the vehicle in the course of his employment, and
(c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above
So if all the above were met you would not be convicted for driving without insurance. Thus - if you were using the car to go and see clients or going between jobs then that falls under b but if you were using the car for pleasure then you would no be.
I assume that if you declare bankruptcy then any claim made against you would be as an unsecured creditor but I am not an expert in bankruptcy.
2007-04-23 14:44:02 · answer #4 · answered by welcome news 6 · 0⤊ 0⤋
It was a company car - as long as you were using it for company business they are liable for the insurance and to pay for any damages. You did not need to check to see if the insurance was current, the company is responsible for that. Unless there was a waiver the employees signed stating that if they drive company vehicles and get in an accident they are held liable. Do not pay anything or file bankruptcy.
2007-04-23 12:39:59 · answer #5 · answered by Feline05 5 · 0⤊ 0⤋
The company has no insurance on the cars? I'd think that they would need to provide some insurance to their employees. I would look in on that and talk to some people within your company.
It only makes sense that if you are expected to drive a company car that you have insurance on that company car.
2007-04-23 12:19:41 · answer #6 · answered by forestpirate 3 · 1⤊ 0⤋
That's a bit unusual, it should be insured by the company. Unless, of course, you were using it for unauthorised purposes?
Going bankrupt is NOT an "easy-out", it'll cause you no end of troubles. Have a look on : http://www.insolvencyhelpline.co.uk/bankruptcy/what_is_bankruptcy.htm
2007-04-23 12:43:41 · answer #7 · answered by champer 7 · 0⤊ 0⤋
Pay up! Declaring yourself bankrupt will come to haunt you and prevent you getting any loans, overdraughts, and mortgage. Eventually you will have some cash and the claim can again be resurrected, even against your estate.
2007-04-23 13:00:36 · answer #8 · answered by john 4 · 0⤊ 0⤋
if you drive a company vehicle its your responsability to ensure it is roadworthy taxed & insured so the buck stops with you ! however a responsible company would foot the bill did you get done 4 driving without insurance cos that could be next didnt want to piss you off but it could happen!
2007-04-24 13:36:22 · answer #9 · answered by iancross07@btinternet.com 3 · 0⤊ 0⤋
Who is suing you? your company?
If it was a company car and they allowed you to use it surely they must take some blame? If they led you to believe you were insured to drive it , you could counter claim...
2007-04-23 12:19:18 · answer #10 · answered by R Stoofaloh 4 · 1⤊ 0⤋