Insurance If Not On V5C?
Discussion
Afternoon Gents,
Question that I could use the help of the Pistonheads collective with please.
My girlfriend split up with her now ex husband a few years back and as part of the separation he took her car and left her with his.
The car that he left her with has his name on the V5C document, but she was the one who had to take out the finance for the purchase and has continued to pay it to this day (he had a bad credit rating from defaulting previously so couldnt get credit - she foolishly took it out for him).
She did not get the V5C changed as she does not have a current address for him, and if being honest probably did not relish the prospect of making contact with him again.
She had a low speed crash a few weeks back (nobody hurt, reported to insurance company who are dealing with it) but her policy has come up for renewal in the meantime.
Because there was no reference to the accident on her renewal letter, and there is a duty to disclose any pertinent info she rang them to discuss.
They are now saying that as her name is not on the V5C she does not have an insurable interest in the vehicle, and therefore she cannot take out a policy.
Is this correct?
I have heard it said here often enough that the V5C does not constitute ownership of the vehicle - just who the registered keeper is.
I guess two questions are really:
How to secure a renewal of the policy
How to minimise the risk that the company will decide that her policy was taken out under false pretenses and therefore refuse to pay out for the crash she has just had.
Any advice welcome please.
Thanks!
Question that I could use the help of the Pistonheads collective with please.
My girlfriend split up with her now ex husband a few years back and as part of the separation he took her car and left her with his.
The car that he left her with has his name on the V5C document, but she was the one who had to take out the finance for the purchase and has continued to pay it to this day (he had a bad credit rating from defaulting previously so couldnt get credit - she foolishly took it out for him).
She did not get the V5C changed as she does not have a current address for him, and if being honest probably did not relish the prospect of making contact with him again.
She had a low speed crash a few weeks back (nobody hurt, reported to insurance company who are dealing with it) but her policy has come up for renewal in the meantime.
Because there was no reference to the accident on her renewal letter, and there is a duty to disclose any pertinent info she rang them to discuss.
They are now saying that as her name is not on the V5C she does not have an insurable interest in the vehicle, and therefore she cannot take out a policy.
Is this correct?
I have heard it said here often enough that the V5C does not constitute ownership of the vehicle - just who the registered keeper is.
I guess two questions are really:
How to secure a renewal of the policy
How to minimise the risk that the company will decide that her policy was taken out under false pretenses and therefore refuse to pay out for the crash she has just had.
Any advice welcome please.
Thanks!
Edited by HughiusMaximus on Monday 23 January 15:09
Mandat said:
Can't she just fill out the new keeper section on the V5 to transfer it into her name?
The ex husband kept hold of the V5C so she will probably have to try to find him get him to do that. I'm unsure whether you can just ring up the DVLA and request that done.
ALso... the insurance expires tomorrow so that creates an additional issue as it would leave her with no insurance until it is sorted.
HughiusMaximus said:
She is, but from memory the V5C requires the signature of the current keeper to transfer it to the new keeper.
I imagine signing on his behalf may be tad fraudulent!
Only if the ex disputes that she is the new keeper, and claims that she is trying to steal the car from him somehow.I imagine signing on his behalf may be tad fraudulent!
If it is all above board, then there should be no issues, since all she is doing telling DVLA that she is the new keeper, because she actually is the new keeper.
It would have been much simpler to sort out the V5 when they swapped cars, but that boat has long sailed.
I can't see any other way round it than to get the V5 changed. If the car had been written off in that accident there would have been no payout until they received the V5, with her name on it, from her anyway so it's best she has it in her possession and in her name.
There are a handful of situations where there is a financial interest in the car but it's registered in someone else's name - e.g. Spouse, Finance Company, Lease Company - but there won't be any provision for 'estranged ex husband'.
There are a handful of situations where there is a financial interest in the car but it's registered in someone else's name - e.g. Spouse, Finance Company, Lease Company - but there won't be any provision for 'estranged ex husband'.
HughiusMaximus said:
She is, but from memory the V5C requires the signature of the current keeper to transfer it to the new keeper.
I imagine signing on his behalf may be tad fraudulent!
Who at DVLA will know what the ex's signature looks like anyway?I imagine signing on his behalf may be tad fraudulent!
Nothing will flag up at DVLA unless the ex disputes the transfer.
HughiusMaximus said:
My girlfriend split up with her now ex husband a few years back and as part of the separation he took her car and left her with his.
Did he move out or did she from the address on the V5C? HughiusMaximus said:
The ex husband kept hold of the V5C so she will probably have to try to find him get him to do that.
If he is still the RK the V11 VED reminders will have gone to him during the intervening years so how did she manage to tax it?HughiusMaximus said:
I'm unsure whether you can just ring up the DVLA and request that done.
No. She has two options.1. Try to get him to provide her with the reference number off the V5C then she can do the RK transfer online. She will still need the New Keeper V5C/2 until she receives the V5C in her name.
If he won't oblige then
2. Apply for a new V5C in her name using Form V62 - https://www.gov.uk/government/uploads/system/uploa...
It is in his interests to be co-operative because, as the RK, he is legally responsible for all regulatory issues.
e.g. VED renewal and dealing in the first instance with all parking/moving traffic offences/contraventions.
HughiusMaximus said:
She had a low speed crash a few weeks back (nobody hurt, reported to insurance company who are dealing with it) but her policy has come up for renewal in the meantime.
Because there was no reference to the accident on her renewal letter, and there is a duty to disclose any pertinent info she rang them to discuss.
They are now saying that as her name is not on the V5C she does not have an insurable interest in the vehicle, and therefore she cannot take out a policy.
This is the insurer just being awkward. How did they find out about the separation? Most insurers don't distinguish between husband and wife.Because there was no reference to the accident on her renewal letter, and there is a duty to disclose any pertinent info she rang them to discuss.
They are now saying that as her name is not on the V5C she does not have an insurable interest in the vehicle, and therefore she cannot take out a policy.
I was always the RK in our household as (a) Mrs RD was averse to paperwork and (b) the cherished plates were inherited by me from my parents.
More to the point, as the finance agreement is in her name she can argue that she does have such an interest (and should do so pdq). See below.
HughiusMaximus said:
ALso... the insurance expires tomorrow so that creates an additional issue as it would leave her with no insurance until it is sorted.
Apart from pointing out the obvious that she should have sorted it out when he took her car on separation, she is now having to deal with the consequences years down the line.If the current insurer still refuses to play ball she will have to shop around to find one that will or stop driving the car. The risk of a fine and 6 points is too great.
Hopefully she has off street parking at home because she can't legally park it on street either. If she does chance it Sods Law says she will be caught straight away.
S
t always comes and sticks to you when you're in a bind. HughiusMaximus said:
Afternoon Gents,
They are now saying that as her name is not on the V5C she does not have an insurable interest in the vehicle, and therefore she cannot take out a policy.
Is this correct?
I have heard it said here often enough that the V5C does not constitute ownership of the vehicle - just who the registered keeper is.
I've had no problem insuring a car with me as main driver that I am not the registered keeper of.They are now saying that as her name is not on the V5C she does not have an insurable interest in the vehicle, and therefore she cannot take out a policy.
Is this correct?
I have heard it said here often enough that the V5C does not constitute ownership of the vehicle - just who the registered keeper is.
For reasons I've forgotten (to do with No Claims Discount in the past) my partner owns "my" car, which I insure, and I "own" her car, which she insures in her name. We are then each a named driver on the other's policy.
Never had a problem with an insurer of this.
I think it has been sorted out and the insurance has been renewed.
Sounds like the insurance company were being awkward - albeit this could have been entirely avoided if the car had been transferred in a timely manner.
My thanks to everyone who posted - I'm off home to cash in my thank you bj...
Sounds like the insurance company were being awkward - albeit this could have been entirely avoided if the car had been transferred in a timely manner.
My thanks to everyone who posted - I'm off home to cash in my thank you bj...
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff