AI Legalese Decoder: Simplifying the Process of Determining Liability for Damage to a Car on a Test Drive
- May 1, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Situation Description
On behalf of my friend, I am seeking advice regarding a recent incident during a test drive of a car purchased through a private sale. The bonnet of the car unexpectedly flew up during the test drive, causing damage. The owner of the car was the one who opened and closed the bonnet.
### Current Issue
My friend suggested the owner claim insurance for the damage, but the owner revealed that the car was not insured. However, my friend is covered to drive other cars with the owner’s permission, with third-party cover. The owner is now trying to hold my friend liable for the damage, arguing that it occurred while my friend was driving the car.
### Analysis
I believe the fault lies with the owner, either due to a faulty car or improper bonnet closure. The owner has threatened legal action, claiming my friend is responsible for ensuring insurance and the car’s roadworthiness during the test drive.
### Legal Assistance
In this situation, an AI Legalese Decoder can be immensely beneficial. The decoder can help analyze and interpret the legal implications of the incident, providing clarity on liability and responsibilities. It can assist in understanding the legal obligations of both parties and recommend the best course of action for my friend to take.
### Advice to Friend
I would advise my friend to seek professional legal advice in Scotland to assess the situation and protect their rights. They should gather any evidence, such as witnesses or photos of the incident, to support their case. It is essential to communicate calmly with the owner and refrain from making any commitments or admissions without consulting a lawyer.
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**Expanded:**
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****** just grabbed a
The car owner would need to show your friend was negligent, and that negligence caused the damage.
If your friend wasn’t speeding into a headwind at the time (excess resistance causing a partially closed bonnet to open) deny liability and let the owner try to pursue it through the courts.
Ordinarily it is a driver’s responsibility to make sure that a vehicle was roadworthy etc.
However, as this was a private sale test drive and the owner was there seemingly throughout, the owner is going to have a REALLY hard time blaming OP’s friend for the condition of the car.
Plus: When you then factor in that the owner was the one that opened and closed the bonnet, I would be surprised if the Owner had actually spoken to a real lawyer and wasn’t just chancing his arm!
By the time you add on that the Owner hadn’t even got it insured, the Owner’s wicket is getting even stickier…
No one can stop the Owner from being an idiot and he may try to sue OP’s friend, but I am really not sure OP’s friend has very much to worry about.
> My friend is covered to drive other cars as long as they have owners permission (although only 3rd party cover I believe).
Check the small print. Typically other vehicle cover provided by comprehensive insurance is only valid if that vehicle is insured. It doesn’t cover you to drive a vehicle that is otherwise uninsured.
That doesn’t necessarily mean your friend is liable to pay for the damage but it does mean that they were potentially committing an offense by driving it.
If the vehicle was uninsured there’s a decent chance it was SORN which would mean it was also untaxed.
As an aside it is also an offense to “cause or permit” another person to drive an uninsured vehicle which the owner would potentially be guilty of in this scenario.
S143(b)
An offence is committed if a person causes or permits another to use a motor vehicle on a road without a valid insurance policy covering that use (S143(b) Road Traffic Act 1988).
This offence carries the same penalty as using the vehicle.
Your friend should advise the owner that he would be admitting liability for an identical penalty if he decided to report it.
Your friends insurance is also invalid as any 3rd party vehicle needs to have a valid insurance policy to drive.
NAL.
This is gonna sound shitty but I’m pretty sure it is actually your friend’s fault (even though it shouldn’t be).
Even though the private seller is the one who fucked up, technically it could be argued that since your friend was driving, he is responsible for ensuring that the vehicle is safe to drive. Since the vehicle was not safe to drive, your friend had failed his duty as per the Highway Code:
>”The vehicle MUST be road legal (for example, it must have an MOT certificate, if applicable, and it must be taxed and insured). The vehicle must be roadworthy (see Rules 89 and 97; and Annexes 3 and 6). You will also still be responsible for your passengers and anything else you are carrying (see Rules 98 to 102).”
You could attempt to prove that the seller was negligent, but at the end of the day your friend was the person behind the wheel and he didn’t get a recording so he would by default be at fault.