TWOC and Car Written Off
Discussion
Last night my daughter had her car taken without her consent by a supposed boyfriend who was over the limit and wrote the car off in a crash then left the scene.
Following a night out along with friends she brought back to her flat (2 girls and 2 boys) she was in another part of her property and this guy, unknown to her, took her car keys to go get some fags with a couple of friends, even though the guy was TOLD not to take her keys by one of her friends.
She then received a call from him in a very distressed state telling her he had wrote the car off, hurt his two mates in the process and had left the scene, the police are now involved.
Where does she stand?? the car was her pride and joy (106 Quicksilver) worth about £3500.
Thanks
Following a night out along with friends she brought back to her flat (2 girls and 2 boys) she was in another part of her property and this guy, unknown to her, took her car keys to go get some fags with a couple of friends, even though the guy was TOLD not to take her keys by one of her friends.
She then received a call from him in a very distressed state telling her he had wrote the car off, hurt his two mates in the process and had left the scene, the police are now involved.
Where does she stand?? the car was her pride and joy (106 Quicksilver) worth about £3500.
Thanks
Well, what a conundrum!
The lad can be done on a number of counts...
It really all depends on what you want/need to get out of the situation.
What are your first thoughts? Have him done for unlawful taking of said 106 followed by the drunken in charge, no insurance (I'm presuming he wasn't a named driver), fleeing the scene etc?
Can he afford to cough up the cash for a new 106 (in silver, of course!) of roughly the same age/milage/etc?
The lad can be done on a number of counts...
It really all depends on what you want/need to get out of the situation.
What are your first thoughts? Have him done for unlawful taking of said 106 followed by the drunken in charge, no insurance (I'm presuming he wasn't a named driver), fleeing the scene etc?
Can he afford to cough up the cash for a new 106 (in silver, of course!) of roughly the same age/milage/etc?
Theft of keys
Aggravated TWOC - aggravating features are damage to car, damage to other property, injury to another, dangerous driving. Maximum 5 years but damage only to car is summary only carrying maximum 6 months.
Presumably not insured so No Insurance, Drink Drive, Failing To Stop
All subject to proving he was the driver and actually giving evidence against her boyfriend (too often they relent).
Uninsured claims are dealt with by the Motor Insurers Bureau if he can't pay or alternatively she'll have to claim on her policy. The fact her keys were stolen shouldn't affect the claim but the company may expect her to support a prosecution to approve the claim. If she relents, it's as good as implying he had permission.
Aggravated TWOC - aggravating features are damage to car, damage to other property, injury to another, dangerous driving. Maximum 5 years but damage only to car is summary only carrying maximum 6 months.
Presumably not insured so No Insurance, Drink Drive, Failing To Stop
All subject to proving he was the driver and actually giving evidence against her boyfriend (too often they relent).
Uninsured claims are dealt with by the Motor Insurers Bureau if he can't pay or alternatively she'll have to claim on her policy. The fact her keys were stolen shouldn't affect the claim but the company may expect her to support a prosecution to approve the claim. If she relents, it's as good as implying he had permission.
Thanks for the replies.
For clarity:-
1. She knew nothing about the keys to her car being taken
2. The police attended the scene and are aware of the facts
3. She did not give her permission to drive the car
She will need to contact the insurers I guess and have them sort it out, the police are going to call her to-night as the policeman is on night duty.
For clarity:-
1. She knew nothing about the keys to her car being taken
2. The police attended the scene and are aware of the facts
3. She did not give her permission to drive the car
She will need to contact the insurers I guess and have them sort it out, the police are going to call her to-night as the policeman is on night duty.
keredewor said:
Thanks for the replies.
For clarity:-
1. She knew nothing about the keys to her car being taken
2. The police attended the scene and are aware of the facts
3. She did not give her permission to drive the car
She will need to contact the insurers I guess and have them sort it out, the police are going to call her to-night as the policeman is on night duty.
For clarity:-
1. She knew nothing about the keys to her car being taken
2. The police attended the scene and are aware of the facts
3. She did not give her permission to drive the car
She will need to contact the insurers I guess and have them sort it out, the police are going to call her to-night as the policeman is on night duty.
The book, no wait, the library, should be thrown at him then. This should count as a valuable lesson to the lad.
droptheclutch said:
keredewor said:
Thanks for the replies.
For clarity:-
1. She knew nothing about the keys to her car being taken
2. The police attended the scene and are aware of the facts
3. She did not give her permission to drive the car
She will need to contact the insurers I guess and have them sort it out, the police are going to call her to-night as the policeman is on night duty.
For clarity:-
1. She knew nothing about the keys to her car being taken
2. The police attended the scene and are aware of the facts
3. She did not give her permission to drive the car
She will need to contact the insurers I guess and have them sort it out, the police are going to call her to-night as the policeman is on night duty.
The book, no wait, the library, should be thrown at him then. This should count as a valuable lesson to the lad.
but will the £100 fine, £50 costs and the 2 year ban really teach him a lesson?
eccles said:
droptheclutch said:
keredewor said:
Thanks for the replies.
For clarity:-
1. She knew nothing about the keys to her car being taken
2. The police attended the scene and are aware of the facts
3. She did not give her permission to drive the car
She will need to contact the insurers I guess and have them sort it out, the police are going to call her to-night as the policeman is on night duty.
For clarity:-
1. She knew nothing about the keys to her car being taken
2. The police attended the scene and are aware of the facts
3. She did not give her permission to drive the car
She will need to contact the insurers I guess and have them sort it out, the police are going to call her to-night as the policeman is on night duty.
The book, no wait, the library, should be thrown at him then. This should count as a valuable lesson to the lad.
No - but the insurance costs after that might!
but will the £100 fine, £50 costs and the 2 year ban really teach him a lesson?
I remember reading something on the MIB web site (can't find the page at
the moment though) that basically said that even if your car gets
nicked like this, any insurance claims can be made against YOUR insurance
policy, if the person driving is not insured.
Not sure what the circumstances would have to be for this to happen
but it seems a bit mad to me......
Steve
the moment though) that basically said that even if your car gets
nicked like this, any insurance claims can be made against YOUR insurance
policy, if the person driving is not insured.
Not sure what the circumstances would have to be for this to happen
but it seems a bit mad to me......
Steve
keredewor said:
Last night my daughter had her car taken without her consent by a supposed boyfriend who was over the limit and wrote the car off in a crash then left the scene.
Who was registered keeper? Can your daughter prove her whereabouts?
Ist important Liebchen.. People do lie .. even "boyfriends"
Read policy carefully as Slider say too.
keredewor said:
Following a night out along with friends she brought back to her flat (2 girls and 2 boys) she was in another part of her property and this guy, unknown to her, took her car keys to go get some fags with a couple of friends, even though the guy was TOLD not to take her keys by one of her friends.
Person will have to testify this ist case. On oath.. und lieber von will tell you that testifying on oath ist a very solemn business und you can end up in gaol if you knowingly fib..
I do not mention to indicate I do not believe.. I just mention so that the person has to absolutely sure to best of knowledge this was the case.. und to be aware that courts will try to trip under cross examinations.
Make sure her witnesses are 100% reliable und ensure they all testify she was not driving...as she seem to be RK from your post.
keredewor said:
She then received a call from him in a very distressed state telling her he had wrote the car off, hurt his two mates in the process and had left the scene, the police are now involved.
Where does she stand?? the car was her pride and joy (106 Quicksilver) worth about £3500.
Thanks
She must look to herself und not loyalties to this idiot. Her licence ... reputation.. und she owe loyalty und truth to self. She not a doormat or slave to some mere silly male who cannot drive und who ist not a man in that he run und leave her with the mess to clear
Tell your daughter to tell her side.. provide proof she was not driving und never gave permission for her car to be used.
und she should ditch this coward.. she need a real red blooded man.
I can see some potential pitfalls here. She might be temped to drop the theft complaint seeing as he's already in all sorts of trouble. But if she does she might discover later that her losses are uninsured. She might even face 'causing or permitting' charges. 
She musn't drop the theft complaint! (At least not without good legal advice.)
She musn't drop the theft complaint! (At least not without good legal advice.)I'd agree with Paul - if he wouldn't have been insured then she would need to say that he would never have permission to drive the vehicle. If he has other insurance and would have been insured had she given permission then as Paul says it would depend on whether he normally has permission to drive the vehicle. If he thought he would have been given permission had he asked then that is a defence, but if he was drunk then she probably wouldn't have given permission, and that is probably what the prosecution would argue. Also as mentioned there are several "permitting" offences that she could be stuck with, but I think any of these would be tricky if she had absolutely no knowledge of him taking the keys.
droptheclutch said:
The book, no wait, the library, should be thrown at him then.
Aren't they called "learning centres" now? - Streaky PS - I agree there's likely to be little punishment levied that would be effective (unless the ex-boyfriend is a really sensitive soul) and the girls often relent when it comes to seeing even an "ex" in the dock (not to mention the trauma of appearing in the witness box) - S
Edited for typo
Edited by streaky on Monday 28th August 07:47
streaky said:
droptheclutch said:
The book, no wait, the library, should be thrown at him then.
Aren't they called "learning centres" now? - Streaky PS - I agree there's likely to be little punishment levied that would be effective (unless the ex-boyfriend is a really sensitive soul) and the girls often to relent when it comes to seeing even an "ex" in the dock (not to mention the trauma of appearing in the witness box) - S
Streaky - to update the quote to full post-modernism - it should read:
"The individualised learning oportunity, no wait, the entire learning centre, should be made freely available to him in an inculsive way"
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff