Car Accident Motor Insurance: RTA Insurer Liability For Car I Have Sold?

Find Out When Your Car Accident Motor Insurance Will Pay For An Accident Involving A Car You Have Sold

My son owned a car then sold the car, but forgot to cancel his motor insurance immediately. The new owner of car then smashed into another car due to a driving error on his part.

As the car was still insured under my son’s motor insurance – the third party are now claiming thousands of pounds  in compensation for damage. As car still insured my sons insurance company must pay out and say my son is liable for all the legal costs.

The new owner of the car had no insurance on the vehicle and was prosecuted receiveing a small fine and points on his driving licence.

It seems so unfair that my son has to pay for damage to a car that was not his and knows nothing of the accident as he was not there. Is there anything that he can do to stop this enforcement of payment?

 Road Traffic Accident Solicitor Response 

A compensation  claim should be made against  the person in charge of the vehicle with his motor insurance acting to indemnify that insured person..

If that person does not have the means to pay and has no valid motor insurance – it is quite common that any available motor insurance policy will be used to ensure that an innocent third party receives compensation.

It might be wise for you to discuss with your son’s insurer why the person who bought the car is not being pursued direct and whether your son’s motor insurance company intends to  recoup any monies spent directly from new car owner.

If the driver has the means to pay the compensation and legal costs – your son’s motor insurer will receive its monies back and will in return should reinstate your son’s no claims and excess.

2 Responses to “Car Accident Motor Insurance: RTA Insurer Liability For Car I Have Sold?”

  1. Shaun Heffernan says:

    Hi
    I am currently being chased by a solicitors for a motor claim regards a company vehicle that I used to own. The position was a young girl who was helping her mother and me (as I owned the business) in delivering sandwiches to clients had a bump whilst in a car park. She was not insured to drive the vehicle and was not directed to drive the vehicle but use her own car. Unfortunately I was not around the day this incident occured nor was my wife. I only got to know the position later on that day and I was not concerned at the time as the van had no damage. I reported the incident for record purposes to my insurance only to find out I that the insurance had run out thye day before. I asked how this had happened and the insurance company stated they had not received any confirmation from me for the DD to continue. I had a major discusstion around this area and re-instated the policy directly. However 3 and half years later I am now being sued for the costs incurred as payment was made to the third party by the MIB and they have sourced legal representation via the noted solicitors. There claim is on the evidence that I had no insurance and that the young girl was was driving my vehicle only had 3rd party and no viable means to pay.

    I was hoping the RTA position may have been available at that time and I was wondering if you could explain if I am ok to claim via this area now…..albeit is a while ago?

  2. Kevin Bolton says:

    I think that your best recourse is with your motor insurer – you should use the insurance complaints procedure to attempt to have the motor insurer agree their responsibility.

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