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**urgent question re: insurance when buying a car*
#1430082
28/05/2013 17:28
28/05/2013 17:28
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Joined: Dec 2005
Posts: 16,603 Corridor of Uncertainty
Jim_Clennell
OP
Forum veteran
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OP
Forum veteran
Joined: Dec 2005
Posts: 16,603
Corridor of Uncertainty
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We have our Mégane for sale on Autotrader. A guy is keen and wants to buy it (he's coming up from London). He wants to export it to Sebia (sounds like Dodgy McDodge from Dodge City, but it also could be genuine. I said that he couldn't test drive it unless he shows me proof of insurance, but he says no problem - you drive it.
All fine so far. However, what if he buys the car and hands over the cash. If he drives away apparently without insurance, what is my position?
I have approximately 2 hours to sort out if he can drive away without engaging my liability...
Oh, and I forgot it was my wedding anniversary today (as did MrsC) so I'm hoping they come and go swiftly so I can enjoy a cheeky glass of red.
If I were a betting man, I wouldn't give great odds on it all going smoothly...
Advice, please, none of which will be taken as Law.
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Re: **urgent question re: insurance when buying a car*
[Re: Jim_Clennell]
#1430094
28/05/2013 17:50
28/05/2013 17:50
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Joined: Dec 2005
Posts: 12,546 Northumberland
AndrewR
I AM a Coop
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I AM a Coop
Joined: Dec 2005
Posts: 12,546
Northumberland
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Things that could happen, in rough order of likelihood:
1. He buys the car and drives where he's going. Because the car will be on the MID it's unlikely to be pulled unless he's doing something else naughty. So nobody's any the wiser.
2. He buys the car and gets pulled or has a smash, in which case the cops will probably work out he has no insurance and either (a) give him a fixed penalty notice or (b) issue a NIP. Which of these is most likely depends on a number of factors, including whether he has a UK driving licence, a UK address and whether he's just mowed down a bus queue. However, the problems are almost certainly his to deal with.
3. PC Plod has had a bad day and decides to track you down. As you've acknowledged on a public forum that the buyer has no insurance, but you've handed him the keys to your car you're probably in the frame for aiding or abetting driving whilst uninsured against 3rd party risks. You'd probably get a FP fine of £90 and 6 points for your trouble.
4. The buyer does mow down a bus queue and somebody who is suddenly going to go through the rest of their life with the nickname Iron-Knees brings a civil claim against you, on the grounds that you allowed an uninsured driver (who was penniless and has now escaped to Serbia anyway) access to your car. If you lose the case then you're suddenly in hock for half a million quid which you'll be paying off for the next 30 years.
Dear monos, a secret truth.
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Re: **urgent question re: insurance when buying a car*
[Re: Jim_Clennell]
#1430102
28/05/2013 18:08
28/05/2013 18:08
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Joined: Dec 2005
Posts: 12,546 Northumberland
AndrewR
I AM a Coop
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I AM a Coop
Joined: Dec 2005
Posts: 12,546
Northumberland
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I'd say that both 3 and 4 are massively unlikely, probably to the point where they're not worth worrying about.
Dear monos, a secret truth.
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Re: **urgent question re: insurance when buying a car*
[Re: Jim_Clennell]
#1430124
28/05/2013 19:45
28/05/2013 19:45
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Joined: Dec 2005
Posts: 776 State of Essex .
robcoupe20vt
Enjoying the ride
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Enjoying the ride
Joined: Dec 2005
Posts: 776
State of Essex .
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There is no way you could be held responsible after he has bought your car and gets stopped by the police for being in a crash whilst having no insurance . Its not up to the seller to check whether the buyer has poper insurance . Sold a Fiat uno turbo a few years ago and the guy who bought the car within 24 hours hit a girl crossing a road and drove off . The police called to my house late at night to find out did i still own the car and i told them it was sold less than 24 hours ago . They kind of knew that and went off on their way . Nothing to do with me .
Fiat 20VT Fiat 16vt Fiat 130TC Fiat 131 sport Kawasaki ZX6RP7F Kawasaki GPZ550 Kawasaki ZX7R P2
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Re: **urgent question re: insurance when buying a car*
[Re: Jim_Clennell]
#1430182
28/05/2013 22:32
28/05/2013 22:32
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Joined: Dec 2005
Posts: 33,568 Berlin
barnacle
Club Member 18 - ex-Minister without Portfolio
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Club Member 18 - ex-Minister without Portfolio
Forum Demigod
Joined: Dec 2005
Posts: 33,568
Berlin
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IANAL - but it strikes me that:
The offences under Section 143 Road Traffic Act, 1988 are
(1)Using, or (2)Causing, or (3)Permitting
a vehicle to be on a road without third Party insurance in force.
Since you're neither using the vehicle nor requiring its use, the only logical possibility is that of 'permitting'.
Which would be valid if it were your car, say, and I asked to drive it, and you didn't check I was insured. But since you have sold the car, you no longer have control and therefore permitting is now no longer something you can do; the charge has changed to him 'using'.
Though as we all know, logic and the law are things that don't as a rule fit together...
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Re: **urgent question re: insurance when buying a car*
[Re: Jim_Clennell]
#1430203
28/05/2013 23:29
28/05/2013 23:29
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Joined: Dec 2005
Posts: 776 State of Essex .
robcoupe20vt
Enjoying the ride
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Enjoying the ride
Joined: Dec 2005
Posts: 776
State of Essex .
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How many people selling a car after the deal is done will check on the new owner to see if they can produce adequate insurance before driving off .Very few or not at all .
Fiat 20VT Fiat 16vt Fiat 130TC Fiat 131 sport Kawasaki ZX6RP7F Kawasaki GPZ550 Kawasaki ZX7R P2
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Re: **urgent question re: insurance when buying a car*
[Re: robcoupe20vt]
#1430232
29/05/2013 02:09
29/05/2013 02:09
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Joined: Jun 2006
Posts: 23,304 North Wales
Theresa
Former Presidentessa Club member 58
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Former Presidentessa Club member 58
Forum Fossil
Joined: Jun 2006
Posts: 23,304
North Wales
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How many people selling a car after the deal is done will check on the new owner to see if they can produce adequate insurance before driving off .Very few or not at all . Exactly! Once someone has bought the car, the responsibility is theirs, not yours. I've bought several cars over the years and not once thought about showing insurance documents and never once been asked either. I haven't bought a car for nearly 7 years though, so maybe things have changed? Don't worry too much though Jim, everything will be fine Just make sure you get that Registered Keeper section sent off asap!
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Re: **urgent question re: insurance when buying a car*
[Re: Jim_Clennell]
#1430242
29/05/2013 08:34
29/05/2013 08:34
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Jonny
Unregistered
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Jonny
Unregistered
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Well, they turned up - first surprise - and seemed as dodgy as I thought. After discussing in Macedonian and revving the nuts of the poor car to prove it smoked (I would have smoked!), they then knocked me down the exact amount I'd built in to the price and bought the thing. With the right amount of cash (second surprise). The who.e deal still stinks of rotten kippers with stink bomb sauce, but I think I've done everything right: documents signed, cash handed over. Time will tell! Fingers crossed the cash isn't fake...
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Re: **urgent question re: insurance when buying a car*
[Re: Jim_Clennell]
#1430247
29/05/2013 09:08
29/05/2013 09:08
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dlongstaff
Unregistered
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dlongstaff
Unregistered
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Happy to see some xenophilia on the forum for a change
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Re: **urgent question re: insurance when buying a car*
[Re: Jim_Clennell]
#1430442
29/05/2013 23:52
29/05/2013 23:52
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Joined: Jan 2006
Posts: 5,294 Portsmouth
ali_hire
Forum is my life
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Forum is my life
Joined: Jan 2006
Posts: 5,294
Portsmouth
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Interestingly, they were at great pains to put other nationalities (and religions) down, They always are, Jim. They always are.
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