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Guest mmm....beer

If You Let Someone Test Drive Your Car And They're Not Insured Who Is Liable If They Crash?

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Guest Noodle

My housemate is planning to sell his car and we were wondering about this. Who is liable for damages to the other party if someone test drives your car when they were not insured to do so and causes an accident? Is it the driver's liability or is it the owner of the vehicle?

You are.

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Is it that Micra? ;)

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Grey area. Very few either sellers or buyers will have comprehensive enough cover for this unless they're a motor trader or fleet operator. The drive any vehicle third party seems to be gradually being removed.

I've got a fleet certificate which clearly says 'is covered to drive any vehicle' (which is bl00dy useful if you get pulled over by police etc or want to borrow or test drive any vehicle.) Also, because it's a fleet policy it also means anyone I give my permission to, can drive any vehicle is covered (provided over 25) - this would also cover someone test-driving if I was selling one.

Best bet, would probably be to drive prospective buyer to a large empty car park and let them drive in there. At least if they did somehow manage to crash in there, you could say you were driving on the insurance claim - if you were involved in an accident on the public roads this would be trickier.

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My housemate is planning to sell his car and we were wondering about this. Who is liable for damages to the other party if someone test drives your car when they were not insured to do so and causes an accident? Is it the driver's liability or is it the owner of the vehicle?

Housemate is liable and if something happens they would be charged with allowing non-insured person to drive their vehicle. Really not worth the risk.

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Guest Noodle

So we need to see an insurance certificate that says they can drive any car with permission before letting them behind the wheel then?

Yes.

Why can I see problems coming here? Letting a housemate out in you MG . . . :ph34r:

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So we need to see an insurance certificate that says they can drive any car with permission before letting them behind the wheel then?

if they get an hpi check done, they can call Aviva and get 7 day drive away cover which would cover the test drive.

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The other option you possibly have is to take the car to somewhere which is private land and allow it to be test driven there.

as long as your not on a public highway i believe its legal.

We had a trade policy a good few years ago now, but on that it stated our insurance also covered test drives.

Contact your insurance company and explain to them, they may just be ok about it and tell you the right way to do it.

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Most decent fully comprehensive motor policies cover the insured to drive any vehicle not belonging to him, but the cover is usually only third party.

I know mine does (just looked at it now), and that's with Direct Line, so it must be pretty common.

So, if the person turning up to test drive your car already has a car, and is insured properly for it, then he will be covered legally if he crashes into someone else, but he won't be covered for the damage he does to your car.

The driver of a car is generally responsible for his own bad driving.

If I borrow someone's car and get drunk and get caught, its me that is in trouble, not the owner. Same wih speeding - the driver gets the fine and the points, not the owner.

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Most decent fully comprehensive motor policies cover the insured to drive any vehicle not belonging to him, but the cover is usually only third party.

Its often not available to younger drivers and also insurers are using excuses to remove it where they can on normal fully comp policies. It is less common now than it used to be.

The excuse is people (of dubious character) getting cheap fully comp ins on a low powered car and using the drive any other car clause to actually drive something far more powerful. Sounds like it would be too hard to enforce "drive any other car" providing someone else has a policy on the vehicle or they just can't be bothered.

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Its often not available to younger drivers and also insurers are using excuses to remove it where they can on normal fully comp policies. It is less common now than it used to be.

The excuse is people (of dubious character) getting cheap fully comp ins on a low powered car and using the drive any other car clause to actually drive something far more powerful. Sounds like it would be too hard to enforce "drive any other car" providing someone else has a policy on the vehicle or they just can't be bothered.

Yes, I know that they don't put this on policies given to blokes who are young enough to make it worthwhile them using it to be "allowed" to drive a fast car that they otherwise would not be able to insure. But its been on every comp. policy I have had (on 2 or 3 vehicles owned at the same time) since I was around 24.....

It is not really in the interests of insurers to make it more likely that people test-driving cars when going to buy them will be uninsured, is it? Because people are not generally going to change their behaviour over this.....

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Grey area. Very few either sellers or buyers will have comprehensive enough cover for this unless they're a motor trader or fleet operator. The drive any vehicle third party seems to be gradually being removed.

Best bet, would probably be to drive prospective buyer to a large empty car park and let them drive in there. At least if they did somehow manage to crash in there, you could say you were driving on the insurance claim - if you were involved in an accident on the public roads this would be trickier.

All car parks that allow access to the public are deemed public roads under the road traffic act.

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My housemate is planning to sell his car and we were wondering about this. Who is liable for damages to the other party if someone test drives your car when they were not insured to do so and causes an accident? Is it the driver's liability or is it the owner of the vehicle?

I'd suspect that it was that if the person actually driving it as it's the person who caused the accident who's liable.

Having said that, it's an offence to allow anyone to drive your car who is not insured so you still run the risk of criminal penalty. If the person test driving it has a car of their own they may be covered third party for driving other cars but you need to see their certificate of insurance.

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Grey area. Very few either sellers or buyers will have comprehensive enough cover for this unless they're a motor trader or fleet operator. The drive any vehicle third party seems to be gradually being removed.

I've got a fleet certificate which clearly says 'is covered to drive any vehicle' (which is bl00dy useful if you get pulled over by police etc or want to borrow or test drive any vehicle.) Also, because it's a fleet policy it also means anyone I give my permission to, can drive any vehicle is covered (provided over 25) - this would also cover someone test-driving if I was selling one.

Best bet, would probably be to drive prospective buyer to a large empty car park and let them drive in there. At least if they did somehow manage to crash in there, you could say you were driving on the insurance claim - if you were involved in an accident on the public roads this would be trickier.

This is extremely bad advice. Never lie on anything which may end up at court. You may be letting your self in for all sorts of sh1t - fraud, conspiracy to pervert the course of justice, etc.

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So we need to see an insurance certificate that says they can drive any car with permission before letting them behind the wheel then?

Yes.

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The other option you possibly have is to take the car to somewhere which is private land and allow it to be test driven there.

as long as your not on a public highway i believe its legal.

We had a trade policy a good few years ago now, but on that it stated our insurance also covered test drives.

Contact your insurance company and explain to them, they may just be ok about it and tell you the right way to do it.

It's public places that you commit the offence in. That covers a lot of private land as well - like supermarket car parks. Your drive is also a public place for some purposes.

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When I bought second hand cars I was actually happy to let the owner test drive with me in the passenger seat. As all I was really worried about was "does it actually move" generally.

For precisely this reason, vague paranoia/worry. :ph34r:

That said it's not that vague, driving a totally unfamiliar car I find a bit daunting. The first drive is usually me driving very, very carefully. Nowadays I don't have a car as I dont need one regularly but rent cars a fair bit instead, t hats quite a harrowing experience sometimes for the first 15-30 minutes on the road.

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All car parks that allow access to the public are deemed public roads under the road traffic act.

Not, sure if that's the case but, I'm absolutely sure the Police have no interest in prosecuting boy racers on car parks and 'private land' is the usual line from them.

This is extremely bad advice. Never lie on anything which may end up at court. You may be letting your self in for all sorts of sh1t - fraud, conspiracy to pervert the course of justice, etc.

Wasn't offering it as good advice but, worst case scenario. In an empty car park there's little chance of a crash and in the unlikely event there was this avenue would be open to you if you're faced with a trashed car and no recompense. If you want to go even lower risk take them to an airfield - although having said that somef policies may exclude airfield coverage, certainly airside.

I definitely wouldn't knowingly allow an uninsured driver to test drive my vehicle on the public highway but, I think quite a few posts on here have gone a bit 'coffin under the arm'.

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Grey area. Very few either sellers or buyers will have comprehensive enough cover for this unless they're a motor trader or fleet operator. The drive any vehicle third party seems to be gradually being removed.

I've got a fleet certificate which clearly says 'is covered to drive any vehicle' (which is bl00dy useful if you get pulled over by police etc or want to borrow or test drive any vehicle.) Also, because it's a fleet policy it also means anyone I give my permission to, can drive any vehicle is covered (provided over 25) - this would also cover someone test-driving if I was selling one.

Best bet, would probably be to drive prospective buyer to a large empty car park and let them drive in there. At least if they did somehow manage to crash in there, you could say you were driving on the insurance claim - if you were involved in an accident on the public roads this would be trickier.

You can get instant car insurance for the day online these days.

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  • 150 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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