BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it

Honest John Back Room » Legal matters
View Threaded
Fri 26 Jul 2019 23:47
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96
Early on last year I lent my car to a mechanic (my friend at the time). He attempted to service the car but could not due to poor weather conditions. He took the car to the garage from my house and was meant to service it and return it the following day. However to my shock, I was called early on in the morning by him and he informed me that he crashed it and ran from the scene. The police were then involved and I gave the drivers details to them and he was convicted later on last year.

At this point, I was expecting some sort of restitution to be involved with the conviction but to my dismay nothing of the sort was issued. I could not of contacted my insurance company about the incident because I didn’t have insurance on the car. I gave him the car on the basis that he would have traders insurance. I then found out he didn’t have a licence at the time so it appeared the whole exchange was built on trust.

Now, I have lodged a small claim against the individual and he has rejected it entirely. I have attempted to negotiate outside of court but we could not come to an agreement. In his defence, he has stated that I had provided him the car as a rental, of which no agreement was signed. He is also claiming that it was my negligence that I gave him the car and that he made a mistake when was young and should be forgiven, I suspect he is trying to avoid any culpability of the incident. I have contacted solicitors about the matter and they have argued that it is my word against his but I have his conviction in my favour. The solicitor fees will be around half the cost of the vehicle, so I am wondering if this case is strong enough and whether it would be worth getting a solicitor to help me in the process?
Reply | Report as offensive | Link
Sat 27 Jul 2019 00:14
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - bathtub tom

With no written agreement, I suspect he hasn't a leg to stand on. Call his bluff, if he's got the assets to cover your costs.

Reply | Report as offensive | Link
Sat 27 Jul 2019 00:26
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96

With no written agreement, I suspect he hasn't a leg to stand on. Call his bluff, if he's got the assets to cover your costs.

I certainly will and I’m sure he has enough as he’s been working there ever since the incident began. The issue I’m deliberating with now is if a solicitor is worth the cause.
Reply | Report as offensive | Link
Sat 27 Jul 2019 11:37
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - skidpan

The police were then involved and I gave the drivers details to them and he was convicted later on last year.

The fact that the driver was convicted proves to me any case would be found in your favour.

If the Police had suspected you had any involvement e.g. knowing allowed your friend to drive when not correctly insured they would have charged you as well.

I certainly will and I’m sure he has enough as he’s been working there ever since the incident began.

Problem is even if you win will your "friend" actually have any money to pay you? If you cannot be 100% certain he won't have the money don't bother. Why spend more money to get nothing.

Reply | Report as offensive | Link
Sat 27 Jul 2019 12:23
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - gordonbennet

Even if you win it sounds doubtful you would get any money from this scoundrel, but a court judgement against him is going to give him major headaches at some point when he wants credit or a mortgage, so there could be some satisfaction to be gained here.

Reply | Report as offensive | Link
Sat 27 Jul 2019 16:49
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96

Even if you win it sounds doubtful you would get any money from this scoundrel, but a court judgement against him is going to give him major headaches at some point when he wants credit or a mortgage, so there could be some satisfaction to be gained here.

Although he is 20 as of now, would a CCJ be stored on his credit file past the point of 26? If he can’t come up with the money, would it be better to try and claim against one of his guardians who should have that amount?
Reply | Report as offensive | Link
Sat 27 Jul 2019 19:13
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Bromptonaut

Although he is 20 as of now, would a CCJ be stored on his credit file past the point of 26? If he can’t come up with the money, would it be better to try and claim against one of his guardians who should have that amount?

Who are these 'guardians'?

He's 20 and other than in exceptional circumstances solely responsible for his own actions.

Reply | Report as offensive | Link
Tue 30 Jul 2019 14:44
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96

Although he is 20 as of now, would a CCJ be stored on his credit file past the point of 26? If he can’t come up with the money, would it be better to try and claim against one of his guardians who should have that amount?

Who are these 'guardians'?

He's 20 and other than in exceptional circumstances solely responsible for his own actions.

Sorry, the correct term I should’ve used here his parents. He seems like a person that wouldn’t claim any responsibility no matter their age.
Reply | Report as offensive | Link
Tue 30 Jul 2019 18:22
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - FP

I can't see that this guy's parents can legally be involved in any dispute. Your business is with him as an independent adult.

Therefore, in assessing whether it's financially worthwhile to proceed down some legal route, you will need to think about his financial assets, not his parents'.

(As I understand it, a CCJ will sit on a debtor's record for six years - and no longer - unless full payment of the debt concerned is made within 30 days.)

Reply | Report as offensive | Link
Tue 30 Jul 2019 20:07
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96

Therefore, in assessing whether it's financially worthwhile to proceed down some legal route, you will need to think about his financial assets, not his parents'.

I’ve now decided that I won’t be using any legal aid because it would be far too costly for this claim.

(As I understand it, a CCJ will sit on a debtor's record for six years - and no longer - unless full payment of the debt concerned is made within 30 days.)

I understand, thank you for this information.
Reply | Report as offensive | Link
Sat 27 Jul 2019 16:41
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96

Problem is even if you win will your "friend" actually have any money to pay you? If you cannot be 100% certain he won't have the money don't bother. Why spend more money to get nothing.

If he can’t pay me back, would it be possible to claim against his father instead as he would more than likely have the assets to pay me back? I’ve already spent some money on issuing the claim & advice from solicitors so in my opinion there’s no going back. Perhaps a CCJ against his name would satisfy me enough.

Edited by Anon96 on 27/07/2019 at 16:43

Reply | Report as offensive | Link
Sat 27 Jul 2019 17:34
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Middleman

and I gave the drivers details to them and he was convicted later on last year.

Just out of interest, what was he convicted of?

Reply | Report as offensive | Link
Sat 27 Jul 2019 18:24
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96

and I gave the drivers details to them and he was convicted later on last year.

Just out of interest, what was he convicted of?

He was convicted of the notice of intended prosecution I was initially given - Careless driving & Failing to stop at a collision.
Reply | Report as offensive | Link
Mon 29 Jul 2019 15:02
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Palcouk
But not convicted of being uninsured?
If that is the case there is more going on here
PS In any small claim you will not get any legal fees paid
Reply | Report as offensive | Link
Mon 29 Jul 2019 20:32
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Brit_in_Germany

May have been 3rd party insured which doesn't help the OP.

Reply | Report as offensive | Link
Mon 29 Jul 2019 21:59
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96

May have been 3rd party insured which doesn't help the OP.

I had thought this till he admitted in his defence that he didn’t have a driving licence to begin with. I’m unsure whether a vehicle can be insured in this instance.
Reply | Report as offensive | Link
Mon 29 Jul 2019 21:10
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96
But not convicted of being uninsured? If that is the case there is more going on here PS In any small claim you will not get any legal fees paid

I understand that legal fees won’t be paid, however would you recommend using legal help in court?
Reply | Report as offensive | Link
Tue 30 Jul 2019 18:44
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - skidpan

Something not right here.

Originally you said:

I was called early on in the morning by him and he informed me that he crashed it and ran from the scene.

and

I could not of contacted my insurance company about the incident because I didn’t have insurance on the car. I gave him the car on the basis that he would have traders insurance. I then found out he didn’t have a licence at the time so it appeared the whole exchange was built on trust.

which suggests to me that your "friend" not only had an accident in your car whilst uninsured and not having a licence but he also legged it from after the accident (a sure sign of guilt).

Then you say

He was convicted of the notice of intended prosecution I was initially given - Careless driving & Failing to stop at a collision.

which is a total contradiction.

i doubt he would have been prosecuted for "failing to stop" because theoretically he did stop. He would have been prosecuted for "leaving the scene of an accident" which I believe is a more serious charge.

Careless driving, I can understand that bit.

But if he had really had no insurance and licence he would have been 100% prosecuted for those.

So tell us the real story please.

Reply | Report as offensive | Link
Tue 30 Jul 2019 19:35
BMW 3 Series Convertible - Lent uninsured friend my car to fix but crashed it - Anon96

i doubt he would have been prosecuted for "failing to stop" because theoretically he did stop. He would have been prosecuted for "leaving the scene of an accident" which I believe is a more serious charge.

I was initially charged with “failing to stop” which is one of the offences that can be issued for “Leaving the scene of an accident”. I have tried my best to find out what he was charged with but under data protection the police informed me there were only 2 leveraged against him.

But if he had really had no insurance and licence he would have been 100% prosecuted for those.

There should have been more offences issued against him however the investigation concluded with ‘2’ charges. I can only go by the NIP I was given on the day.

Edited by Anon96 on 30/07/2019 at 19:59

Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance