Speeding + No insurance ....please help, someone else used the car!

[worc1361]

Basically my dad had been feeling well so we pick him up from the restaurant where he works. He left the keys to his car in the restaurant. Then one of his friend/collegaue took the key and drove to pick someone up. He drove at 40mph at a 30mph road. A speeding ticket arrived at our door yesterday and the car is only insurance for my parents. If my mum tells my dad's friend to sign the form, will my dad be in trouble as he's the policy holder? Also will that friend gets into big trouble? I think he's only a his license like 3 months ago!

[alvin100]

There is a section on the form where you can state who the driver was. Your dad should not get in any trouble at all if he wasnt driving but he could get in trouble for refusing to say who was at the wheel.

Unfortunately your friend will end up with the fine, but he MAY have the option to take a 'speed awareness' course rather than get three points, i think it depends on how much over the speed limit you go. The Insuarance issue may not come up at all, so say nothing for now. He should NOT be behind the wheel uninsured anyway, if he had crashed the car that would leave your dad with nothing, god help him if he hit someone else, Hello jail cell!!!

[Loosehead]

As above it's not a speeding ticket it's a "Notice of intended prosecution". Just say who was driving and then it's his problem. If the driver just pays the fixed penalty then the insurance issue won't come up.

[Rock'n'Roll]

Only snag will be if they want to see the car documents.
If it's only insured for your dad,then he either says he was driving and hope his mate pays,or says he lent his car knowing it wasn't insured,or says the car was taken without his consent,then his mate is really in it.

[markja]

tell your dad he should put the blokes name on the form & send it off. if he gets banned/ fined / took out the back and shot, tough cr4p. he's not a pal 'cos pals don't take your motor without asking, drive it uninsured and get a speeding ticket!!! drop the git in the sh1t!!!
also pop in the restaurant and ask why they gave his keys to some one else. (if he'd left them with the staff.)

[Buenchico]

Are you sure that the guy who drove the car wasn't insured to drive it? If he's got his own car (with the relevant insurance) then he's almost certainly insured to drive your father's car. This is because the vast majority of insurance policies cover the insured person to drive any other vehicle. (The cover is third party only and there are certain exceptions but they're not relevant here).

Your father should simply declare the name of the driver on the form. It's extremely unlikely that anyone will make any enquiries about insurance and, as I've stated, the driver was probably insured anyway.

The driver will get 3 points on his licence (and a fine). If he's a new licence holder that will hopefully help him to realise that speed limits are meant to be observed. (If he gets another 3 points within the initial two years of his licence, he'll be banned and have to re-take his test).

Chris

[jake-the-peg]

Your father needs to be rather careful

There is a new offence of allowing somebody to drive your car without them being insured - note that saying you thought they were insured is not an excuse.

I can't be sure from the way you phrased the question whether or not your father knew his friend would be driving the car. If he did your father could be in trouble too.

[worc1361]

My dad's friend didn't know his collegaue was going to use his car. They obvious know where his keys are and where the car is parked.

We are definietly going to put his name down on the form.

Thanks for the advice!! Thanks a million for the help!

[sheffwed39]

isnt it just the same as the car was pinched. you obviously wouldnt know the thief was going to drive your car away, so your dad should be blameless.

[loukr]

some insurance policies allow the holder to drive another vehicle with the owners permission. However if permission wasn't given then I'm 99% sure he can be taken to court for 1- stealing, 2- speeding and 3- no insurance. what an idiot! goodluck! xx

[jake-the-peg]

It wouldn't be stealing because for theft you have to show intention to permanently deprive.

But there are similar charges such as taken withou owners consent (TWOC) otherwise known as Taking and Driving Away

http://en.wikipedia.org/wiki/TWOC

The important thing is if your father were to feel sorry for this chump and say he had given permission so that TWOC did not apply your father could find it rebounds on him for allowing a vehicle to be driven uninsured.

Like I said at the outset he needs to be careful

[agapis]

Firstly, it is the drivers responsibility to make sure he is insured, not the owner. your Dad will not get into trouble, at all.
Secondly, if your Dads friend got flashed by a camera, it wont matter that he's not insured (as long as he doesnt tell them). Just get him to sign the speeding ticket, admitting that he was driving. They will ask him to send his licence ONLY, where he will receive 3 points and a �60 fine.
If he doesnt admit to being the driver, your Dad will get into trouble.
The only way your friend will get into trouble for no insurance is if he got pulled over by the police, and given a producer.
in which case, he'll most likely get a small ban PLUS the 3 points.
It really is just a question of damage limitation now.
Get him to confess to speeding in your dads car.
Or your dad will get the speeding points.