Moving and driving my deceased Dad's car
Discussion
My Dad was found dead at home on Thursday evening. He was lying on his living room floor and looked peaceful.
At some point I will need to move his car, assuming I can find the key, and it may be useful to move it somewhere else entirely.
I've checked my insurance, and I do have "driving other cars" cover.
However, there are two points that I need to clarify:
At some point I will need to move his car, assuming I can find the key, and it may be useful to move it somewhere else entirely.
I've checked my insurance, and I do have "driving other cars" cover.
However, there are two points that I need to clarify:
- At this very early stage, I'm assuming that the car technically now belongs to his estate. Until his will has actually been executed, I'm assuming the car does not yet belong to either me or my sister. This is an important point, because if it does belong to me then I can't use the "driving other cars" cover. It may be relevant that I am one of the executors of the estate along with my sister (and also some financial advisor chap who no longer works in the industry) - does that mean that I am technically one of the car's owners already? The will has not been probated yet.
- Permission to drive it. Obviously, the old chap can't now give me his permission. He has never previously given me permission to drive it, but he has never denied me permission either. It is simply not a subject that has arisen. Again, "driving other cars" relies on my having permission to drive it. Also, would I be at risk of committing a criminal offence (TWOC)?
Edited by Dr Mike Oxgreen on Saturday 7th January 08:09
I have no idea about the actual answer to either question ( commiserations for your loss, by the way) but a TWOC offence is going to be quite difficult to prove and utterly pointless for any Police force to pursue, isn't it?
offence wording said:
Points To Prove
date and location
drove a conveyance knowing/believing it had been taken without the consent of the owner/other lawful authority
date and location
drove a conveyance knowing/believing it had been taken without the consent of the owner/other lawful authority
Dr Mike Oxgreen said:
My Dad was found dead at home on Thursday evening. He was lying on his living room floor and looked peaceful.
At some point I will need to move his car, assuming I can find the key, and it may be useful to move it somewhere else entirely.
I've checked my insurance, and I do have "driving other cars" cover.
However, there are two points that I need to clarify:
I am sorry for your loss.At some point I will need to move his car, assuming I can find the key, and it may be useful to move it somewhere else entirely.
I've checked my insurance, and I do have "driving other cars" cover.
However, there are two points that I need to clarify:
- At this very early stage, I'm assuming that the car technically now belongs to his estate. Until his will has actually been executed, I'm assuming the car does not yet belong to either me or my sister. This is an important point, because if it does belong to me then I can't use the "driving other cars" cover. It may be relevant that I am one of the executors of the estate along with my sister (and also some financial advisor chap who no longer works in the industry) - does that mean that I am technically one of the car's owners already? The will has not been probated yet.
- Permission to drive it. Obviously, the old chap can't now give me his permission. He has never previously given me permission to drive it, but he has never denied me permission either. It is simply not a subject that has arisen. Again, "driving other cars" relies on my having permission to drive it. Also, would I be at risk of committing a criminal offence (TWOC)?
Edited by Dr Mike Oxgreen on Saturday 7th January 08:09
I was in an identical situation and contacted my force lawyers for advice. They said:
You cannot drive under the 'any other car, not belonging to you' because at the moment the car is not insured. Most insurance companies will cover any liabilities but that does not mean it is insured.
I contacted my father's insurance company, explained the situation and they said that they would allow a named driver to drive it for the specific purpose of removing it from a public road. In the end, the car dealers where my father had the car serviced picked it up and removed it to their premises.
Ownership is very technical at this stage. Beyond my knowledge.
All the best.
Dr Mike Oxgreen said:
My Dad was found dead at home on Thursday evening. He was lying on his living room floor and looked peaceful.
Condolences - but that's the way to go.Dr Mike Oxgreen said:
* At this very early stage, I'm assuming that the car technically now belongs to his estate. Until his will has actually been executed, I'm assuming the car does not yet belong to either me or my sister. This is an important point, because if it does belong to me then I can't use the "driving other cars" cover. It may be relevant that I am one of the executors of the estate along with my sister (and also some financial advisor chap who no longer works in the industry) - does that mean that I am technically one of the car's owners already? The will has not been probated yet.
No, the owner is still his estate. You are in charge of his estate as executor, but you do not own it.Dr Mike Oxgreen said:
* Permission to drive it. Obviously, the old chap can't now give me his permission. He has never previously given me permission to drive it, but he has never denied me permission either. It is simply not a subject that has arisen. Again, "driving other cars" relies on my having permission to drive it. Also, would I be at risk of committing a criminal offence (TWOC)?
As executor, you are in charge of his estate, so you give permission as executor - that's the nearest thing to permission "from him" that can be given now.Either speak to your insurers about adding cover for a week, being very clear about the circumstances, or pay a local recovery firm if not moving it very far. Unless the car is particularly low value you will want it appropriately insured whilst moving, and your doc cover will be third party at best. I paid £30 to move a car 15 miles a few years ago which was much less than I expected.
You also need to clarify whether fire and theft cover is still in place now that the policyholder is deceased.
Sorry for your loss, hope you get it all sorted soon.
You also need to clarify whether fire and theft cover is still in place now that the policyholder is deceased.
Sorry for your loss, hope you get it all sorted soon.
Yes, the car belongs to his estate: the same as any other property/asset.
I had exactly the same insurance issue when my mother died and the car needed to be moved away from the (now unoccupied) dwelling. I did exactly the same as Derek. As a named executor I called her insurer which provided me with temporary cover for 14 days. Can't remember the cost but it was minimal. Drove it over to my place and locked it away in my garage.
The car wasn't left as a specific legacy to anyone, so my sister and I (as residuary legatees) decided to convert into cash and distribute the proceeds according to the terms of the will. Drove it to the main dealer which she had always used for servicing. Spoke to the dealer prinicpal who gave us a decent deal.
Before doing so we tossed a coin to see who would retain the personal plate. I won and we agreed I should pay her half the original DVLA purchase price.
I had exactly the same insurance issue when my mother died and the car needed to be moved away from the (now unoccupied) dwelling. I did exactly the same as Derek. As a named executor I called her insurer which provided me with temporary cover for 14 days. Can't remember the cost but it was minimal. Drove it over to my place and locked it away in my garage.
The car wasn't left as a specific legacy to anyone, so my sister and I (as residuary legatees) decided to convert into cash and distribute the proceeds according to the terms of the will. Drove it to the main dealer which she had always used for servicing. Spoke to the dealer prinicpal who gave us a decent deal.
Before doing so we tossed a coin to see who would retain the personal plate. I won and we agreed I should pay her half the original DVLA purchase price.
I wondered about it too and was quickly disabused of that notion!Hi condolences for your loss
I had a very similar event recently when I found my father dead in bed.
As posted earlier all your fathers insurance cover lapses on his death. House, car everything. You are not covered to drive his car under your policy as the vehicle is no longer insured.
All the best for the next few weeks, it is an unedifying process sorting it all out. I have written it all down since my dad died to help those I leave behind.
I had a very similar event recently when I found my father dead in bed.
As posted earlier all your fathers insurance cover lapses on his death. House, car everything. You are not covered to drive his car under your policy as the vehicle is no longer insured.
All the best for the next few weeks, it is an unedifying process sorting it all out. I have written it all down since my dad died to help those I leave behind.
Can't you just insure it for a day? . Think i used these https://www.insure4aday.co.uk/quote when my father needed to dispose of his car after his licence was revoked due to his health. Don't think they were worried who the car was registered to or any other circumstances.
Very sorry to hear your news. I guess many of us dread the day we get "that call".
Re the one day insurance above, in my previous experience insurers won't insure you on something which you don't own (I've tried, within the past 6 months). You may stumble there.
Does seem absurd, this must happen every day of every week, there ought to be some means of addressing it easily.
Re the one day insurance above, in my previous experience insurers won't insure you on something which you don't own (I've tried, within the past 6 months). You may stumble there.
Does seem absurd, this must happen every day of every week, there ought to be some means of addressing it easily.
Dr Mike Oxgreen said:
Is there a way I can find out who his insurer is?
A few quid to MID, or free from a mobile.http://askmid.org.uk/
CAPP0 said:
Very sorry to hear your news. I guess many of us dread the day we get "that call".
Re the one day insurance above, in my previous experience insurers won't insure you on something which you don't own (I've tried, within the past 6 months). You may stumble there.
Does seem absurd, this must happen every day of every week, there ought to be some means of addressing it easily.
The link I posted above lets you drive any car already insured by anyone else, with their permission. (may be a sticking point if father is deceased?)A phone call to them would clarify. Re the one day insurance above, in my previous experience insurers won't insure you on something which you don't own (I've tried, within the past 6 months). You may stumble there.
Does seem absurd, this must happen every day of every week, there ought to be some means of addressing it easily.
https://www.insure4aday.co.uk/help/knowledgebase.p...
I had a different experience so maybe the insurance company deals with stuff differently but I phoned the insurance company , told them the situation and they gave me 1 month to get it sorted under full cover and even added me as a named driver. Then after that month ellapsed and I had sold the car to WBAC , they refunded the policy pro rata to dads account.
For those wondering how I could sell the car - Everything was left to my mum , so WBAC were happy for her to sign the V5 along with production of the death certificate. Very simple
For those wondering how I could sell the car - Everything was left to my mum , so WBAC were happy for her to sign the V5 along with production of the death certificate. Very simple
Far Cough said:
...I phoned the insurance company , told them the situation and they gave me 1 month to get it sorted under full cover and even added me as a named driver. Then after that month ellapsed and I had sold the car to WBAC , they refunded the policy pro rata to dads account...
I had an identical experience when my mother passed away. Insurance company were very helpful - it's something they have to deal with every day.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff