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Thread: Crashed mobility car

  1. #1

    Crashed mobility car

    Hi so my sister took my brothers mobility car without his permission and had an accident in it she isn’t on the policy although she is fully comprehensive with her own car she took his car as she had an oil leak on her own. My brother didn’t know she had taken it until a passer by called him to inform him she had been involved in a collision. She took it thinking she was covered by her own insurance but obviously she is not what is the likelihood now of my brother loosing his mobility car? He really depends on his car to get to and from hospital appointments to get out and about to get his shopping basically he couldn’t have a life with out it as he cannot walk very far at all. The mobility are now investigating but we have no idea how long this will take. Does anyone have any advice? Thank you

  2. #2
    Without doubt he will need to speak to Motability and possibly their insurers RSAM about what has happened.

    He needs to be honest with them as to what has happened, even if it means dropping his sister into the doo-dah over taking the vehicle 'without the owners consent' (If he had consented to her driving the vehicle he would be outwith the terms and conditions of the lease and could have faced severe sanctions for letting her use the car).

    Questions will probably be asked as to how she got hold of the vehicle keys without your brother's knowledge etc.

    H

  3. #3
    She took the car without permission right or wrong it is her problem. You brother needs to be honest with mobility, if he tries to cover up he may also be prosecuted ending up being fined and ending with point on his licence.
    I have suffered a Traumatic Subachnoid Brain Haemorrhage several years ago, I do struggle to understand quite simple as well as long postings and can be appear to be quite blunt or rude in my post it is not intentional, it is very difficult to find the right word to explain, it is just part of my condition, please except my apologise in advance, due to my injury I am also very sensitive.

  4. #4
    Honesty is the best policy in my opinion.
    As for her getting the keys they might of been hung on a hook or laid on a table so she could easily of got them

  5. #5
    Thank you the police attended the scene and took all details but still haven’t heard anything she actually has a door key to his house as do all his siblings because of his disabilities and on this occasion he wasn’t home so she took them while he wasn’t their she had no intention of causing this and has acted ignorant on her part with the insurance thinking she was covered why doesn’t anyone read the small print? I could shake her but I know she hasn’t done this on purpose she is already taking full responsibility and it’s hard on my brother having to watch what she will go through but it’s also hard on him as he is worried sick he will loose his mobility car they have already refused him a courtesy car. Has anyone had any similar experiences? Thanks for ur feed back so far

  6. #6
    Senior Member nukecad's Avatar
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    It's going to be very difficult to prove that she took the car without permission.
    Especially has she had full access to the keys.

    Let's face it the police and insurance companies hear that story many times every day.
    (Around 10,000 cases of taking a vehicle without consent are reported each year. And that's just the ones that get caught).
    Sometimes it's true.
    Most times it's not and the owner did know they were using the car. (But they had got away with it until they crashed or got pulled over).

    Your sister is in trouble, the police can give a fixed penalty of £300 and 6 points for driving whilst uninsured.
    If it goes to court then she could get an unlmited fine and be disqualified from driving.
    The car could be seized and destroyed. (If it's not already a write off).
    There is also the little matter of TWOC, which can result in six months imprisonment. (More if they go for theft rather than TWOC).
    http://www.yourdrivinglicence.co.uk/...ermission.html

    Your brother has to convince them (the police and the insurers) that he had no knowledge and had not given permission, and as said that is going to be difficult.
    The police can prosecute if you lend your car to a driver who is not insured to drive it. It's known as an IN12 offence and there's plenty about it on google.
    https://www.mirror.co.uk/money/mista...orists-6605870

    When it comes to insurance then obviously they are going to try and avoid paying so will be looking carefully at if 'permission' was given.
    That doesn't have to be specific permission for that one trip, it could be as general as leaving your keys unattended where any family member could pick them up and use them.

    And just to make it more fun it's quite possible for the driver to be prosecuted for not having permission to use the car, while the insurance will not pay out because they say the driver did have permission.

    Just how Motability will see all this is another matter.
    Maybe someone has had a similar exerience?
    Last edited by nukecad; 10-18-2018 at 01:42 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  7. #7
    Wow that makes for pretty scary reading basically they are both done for if it’s that difficult to prove I mean she is admitting it and is prepared for the consequences isn’t that enough? She fully understands this will no doubt go to court and she could do a prison sentence but she cares more for the brother as he needs his car because of his disabilities he’s only a young man himself and has already suffered enough in his 30+ years what a disaster I appreciate your replies all this advice is needed.

  8. #8
    Senior Member nukecad's Avatar
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    I doubt that your brother will be in trouble with the police/courts.

    It's the insurance (and possibly Motability) that will be the problem for him.
    Insurers will do anything to avoid paying out if they can, and they know that people let others use their cars without the proper insurance all the time, no matter what is said after the driver gets caught for it.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  9. #9
    I guess it’s a case of preparing for the worst and hoping for the best then?

  10. #10
    Many years ago a relative "Borrowed" my brother's motorcycle without permission, my brother was at work at the time. My brother was prosecuted for aiding & abetting an uninsured driver, the magistrates were not interested & he received a year driving ban & a hefty fine through no fault of his own.
    Uninsured drivers are a menace that's why the law comes down hard on them, as the should.
    Call me Mike.

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