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Am I liable for this charge?

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  • Am I liable for this charge?

    Hi,

    Im hoping someone might be able to help me out

    In 2012, I bought a car and insured it under 3rd party, fire and theft. In December 2012, my brother borrowed the car as he needed it to drive and see family abroad. I let him do this as he told me that he would get the insurance sorted for him to be covered to make this journey. Unfortunately, he had a car accident whilst in Germany and I have just the other day recieved a letter regarding this.

    It states:
    The claim has been settled under the Road Traffic Act due to you allowing the vehicle to be driven by a person who was not a named driver on the policy and didnt have their own insurance. This was outside of the agreed ts&cs of your motor policy

    As per your insurance policy
    'if we are obliged to settle any claims had it been for the provisions of the Road Traffic Acts in the United Kingdom or corresponding legislation elsewhere or by reason of our participation on the Motor Insurance Bureau arrangements we will require you or the person who made the claim to repay all such monies to us'

    Therefore you are now liable for the full cost of the settlement of this claim'

    The letter goes on to say that I owe nearly £6000 which I have to settle within 14 days - not going to happen!

    Yes, I agree that I let my brother drive the car BUT he told me that he would arrange the insurance and I trusted him (lesson learnt there!) so I cant see how I am liable for this charge.

    Does anyone have any advice as to what I should do next?
    Tags: None

  • #2
    Re: Am I liable for this charge?

    You are not covered by your insurance if someone else, who is not included in your insurance policy, drives your car.
    Unfortunately for you, in law you are responsible for making sure, that whoever drives your car, has or is covered, by an insurance policy.
    All you can do is to try to come to some sort of financial agreement with your insurance company, and with your brother.
    Write to your insurance company and tell them that you are unable to pay the £6000.00 within 14 days.
    Make them a reasonable monthly offer which you can afford.
    You can also ask them for a breakdown of all the costs incurred.
    “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

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