UK Let someone drive my mums car and they had no license or insurance.?

Question

I am insured on my mums car as a second driver. I let my friend drive the car back in january 2007 after him telling me he had insurance and a license but it turned out he lied to me and he didnt have either only a provisional license. a police officer knocked on my door at the end of may and i explained this, he said court summons would be coming through the mail.. they never came. in june he came back again, after losing my details. he said the summons would arrive soon.. he thought the owner of the car was me? its now september i still havent received anything. is it still valid? can anyone advise on what ill be looking at when the summons come through, will i be the one in trouble or will it be my mother or what? im clueless on the matter.. lol thanks :)

i forgot to add that he was pulled over by the police and given a producer. and he went to the police station and confessed he only had a provisional. BTW please take into consideration that I believed he DID have insurance and a license to drive the car so dont flame me.

I was not in the car at the time.

Soooo, am i looking at a ban? points/fine?

Answer 1

Your mother, as the owner of the vehicle, was perfectly within her rights to allow you to drive her car. You had absolutely no right to pass that permission on to anyone else, whether or not they had a license, so YOU will be the one in trouble, not your mother.

You had limited rights to use her car, and the right to allow someone else to drive, especially without you even being in the vehicle, was not yours to pass on to anyone else.

Answer 2

Several criminal offences:
He was driving without insurance but if you hold a full licence and your friend with provisional licence, then he could be considered as a learner driver. Learner plates should have been displayed and valid insurance cetificate held by the learner driver. However since the car is not owned by you then the driver has taken a car without the owners concent ...... theft of vehicle.
If you hold a provisional licence it has no value.You were aiding the theft of a vehicle since you are not the vehicle owner.

Continued:-------------
Now you say you were not in the car. So he was driving without passengers and holding a provisional licence. Your punishment and health will be in the hands of your mother since it was her vehicle that you lent to your friend. Police will have no quarrel with you but I bet your mother will have a few questions that you will find difficult to avoid.
However you friend has been driving without a valid driving licence or insurance. He did not have the owners permission to take the car. Driving without owners concent will be included in any charge. The charge could be extended to theft of vehicle.
I bet your friend has already had a summons but has failed to tell you or your mother. You will have had a lucky escape but will now have to face your mother !

Answer 3

As I understand it you let your 'friend' (presumably now 'ex' friend) drive alone understanding that he had a licence and insurance and he did not - and you found out this information before letting him drive.

Offence codes for your friend
IN10: no insurance: 5 points and a fine
PL10 - Driving without 'L' plates; 3 points and fine
PL20 - Not accompanied by a qualified person: 3 points and fine.

You may be charged with 'permitting' the above offences - in which case the last digit of your offence code will be changed to 4. It may be that no action will be taken against you as your statement to the police states that you asked your friend if he had insurance/ licence and they may regard that as having taken reasonable precautions - no-one expects people to insist on friends producing certificates of insurance and driving licence details before allowing them to drive do they?

The fine/ points willl be up to the Judge - so it will be important to attend the magistartes hearing to put your side of it. I would expect a fine, endorsement and points, but not as bad as your friends. I can't imagine a ban would be imposed.

I would not expect your mother to be involved in the process.

You will, of course, have to advise your mother's insurance company of the circumstances and convictions. Sometimes insurance companies will be more lenient with existing policyholders than for 'new business' (one reason NOT to keep switching each year) and her broker should try and help.

Answer 4

If it was not your car you couldn't give permission for someone else to drive it. You could face something under the theft act, or "Aiding and abetting" an uninsured driver. Depending on your age and how long you have held a full license you may be ok for supervising the learner, but not ok if he wasn't displaying L plates. However the road traffic act generally requires the authorities to deliver a "Notice of intended prosecution" within 2 weeks of the offence, and failure to do this blocks any court action (on motoring offences). While this 2 weeks applies to sending the notice to the registered owner it looks as if they have taken 3+ months to get to you and this is probably too long

Answer 5

I rather think that the police would expect you to have seen proof of his license and insurance before allowing him to drive. You could be in trouble, for aiding and abetting if you were in the car at the time. .

Answer 6

If I was your Mother I would strangle you. I think she will get the fine. You now know that any other driver if insured is only insured third party if he drives someone else's car. only your mother can take out fully comp on her car. How dare you allow a third party to drive your mothers car without her express permission

Answer 7

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Answer 8

The owner of the car will be in trouble for letting this person drive the car. The court system will not listen to 'he told me he was insured' because you shoulda seen some evidence of this. I can only suggest you tell the police he stole the car, let him take the heat for lying.

Answer 9

Something doesn't ring true here. The police would have spoken to your "mum" about this, if it was her car, to ascertain whether your friend had her permission to drive it. They know from records who is the registered keeper, so he wouldn't have thought it was you.

Answer 10

nothing to do with you. its the drivers responsibility to have licence and insurance. they will probably get a 6 month ban or something and a fine.

problems could arrise if the driver denies they were driving. depends what details they gave to the policeman who stopped them.