As I said - this is too complicated for this forum. Get legal advice.
This is a common problem and many thousands of people have had claims made against their insurance policies because they forgot or could not be bothered to notify their insurers that they no longer owned the vehicle.
And this is not new. I have probably dealt with 30 or 40 such cases over the past 4 or 5 years, and the policy holder has been hit every time.
It can also apply if your car is stolen and it is involved in a crash. Although there would be an MIB claim, the third party will come knocking on the policy holders door in the first instance.
Thank you for your reply. Do you mind if I ask in what capacity you have had dealings with these cases, I.e. I'm guessing you are a motoring solicitor or alike?
If this is the case, have you had no one try to enquire down the avenues I have touched on regarding the actual driver or any policies they may of had on other vehicles which could be focused on?
Also does this mean it is a loss that has to be declared for the next 5 years and hike my premiums on all my other policies accordingly? It seems like it is too absurd to be actual law that the guy who ran around smashing into things doesn't even get asked his name and yet someone who didn't even own the car anymore picks up the tab for the next 5 years,
Dark Wizard, Who were the named drivers on your policy? Surely you can say that the driver was NOT driving with your permission.
It does not matter whether they're named on the policy or whether they have permission to drive, the law of the land makes the Insurer of the vehicle liable if there is a current certificate of insurance in place, they then look to the policyholder to reimberse them
Originally Posted by Dennis W
Notwithstanding the advice from the experts above, if you have the letter from the DVLA acknowledging the change of ownership, I think that you would win in court. Of course I am not in any way qualified to give advice.
I still think that I would take it to a solicitor.
1. The DVLA can't acknowledge change of ownership: they don't record ownership.
2. It's been explained at length above that the insurers have no choice but to pay the claim.
3. Who should the OP take to court, and why? What quantifiable financial loss has he/she suffered?
I was assuming that if the OP doesn't pay up, they will end up as a defendant.
I take your point about the registered keeper vs owner.
Of course it matters who the Named Driver is on the policy or certificate. IF the police stopped the vehicle and it was not being driven by a named driver then they would probably be entitled to sieze the vehicle immediately, or at the very least, not permit an un-insured driver get back into the driving seat.
I hope dark wizard returns with an update.
I wonder how much the claim amounted to?