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Advice about a car accident and logbook

  • 17-08-2015 1:24pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    Hi,

    I was in a non-fault car accident last week. My car is beyond repair, and the other persons insurance company wants the logbook. The problem is that the car is not registered in my name. It is registered in my girlfriends name at her address.

    I was wondering should I wait and change it into my name, and how long should that take? Or should I just give it to them in her name? Can they refuse to pay out or make it more difficult if it is in her name?

    Also I drive a large car and they only offered to give me a fiat panda as a replacement hire car while I waited. So I declined and got a family members car. Can they do that considering the replacement car was way too small for my needs?

    Id really appreciate any help.


Comments

  • Registered Users, Registered Users 2 Posts: 84,762 ✭✭✭✭Atlantic Dawn
    M


    The date of change will be on the logbook, this will only harm rather than help your case.


  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    Loads of people are driving cars that are not registered to them, for example in leasing schemes.
    It shouldn't be an issue at all.


  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    OSI wrote: »
    They wouldn't be the beneficiary of a claim though.
    Well the beneficiary of the claim is the registered owner. In this case the girlfriend. I still don't see what the issue is.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    As long as you're ok to drive her car I'd just send the logbook as is (or is a copy ok?).


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    If you declared that you were the registered owner of the car, then you have a problem for any own damage claim. If there is a 3rd party and you are at fault, they will get paid and insurers are likely to cancel your policy afterwards.

    The situation is different for spouses, but not boyfriend/girlfriend. Can you tell us why it is in your girlfriends name in the first place?


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  • Site Banned Posts: 777 ✭✭✭Youngblood.III


    If you're insured to drive her car, its only a formality.
    Insurance company only want to know if the car is legally owned.


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    If you're insured to drive her car, its only a formality.
    Insurance company only want to know if the car is legally owned.

    That's not true. The insured had no legal right to insure another person's vehicle and insurers are well within their rights not to provide indemnity. They have no contract with the owner of the car.

    If the arrangement the OP has is a common law partnership, insurers may well pay out, though they are not obliged to


  • Registered Users, Registered Users 2 Posts: 1,347 ✭✭✭Rackstar


    That's not true. The insured had no legal right to insure another person's vehicle and insurers are well within their rights not to provide indemnity. They have no contract with the owner of the car.

    If the arrangement the OP has is a common law partnership, insurers may well pay out, though they are not obliged to

    Did the OP insure his girlfriends cars as his own or is he a named driver on her insurance?


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    Rackstar wrote: »
    Did the OP insure his girlfriends cars as his own or is he a named driver on her insurance?

    I'm reading it as he inured the girlfriend's car in his name. If he is named on her policy, there's no issue


  • Registered Users, Registered Users 2 Posts: 4,261 ✭✭✭mgbgt1978


    The Op did state in his 1st post that it was the other party's fault.
    Whether he is even insured on the car has no bearing on his claim.


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  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    OSI wrote: »

    They're under no obligation to provide you with a courtesy car at all.

    Of course they are.
    It's not OP's fault and other party's insurer is paying out.
    They are obliged to provide a replacement car until this one is fixed, or if written off it's value paid out.
    In the end of the day, OP had a car, and suddenly due to someone's fault he doesn't have a car, so he needs to be compensated.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    JoshD91 wrote: »
    Hi,

    I was in a non-fault car accident last week. My car is beyond repair, and the other persons insurance company wants the logbook. The problem is that the car is not registered in my name. It is registered in my girlfriends name at her address.
    In that case car belongs to your girlfriend, not you.
    And therefore other insurer will pay out to her - not to you.
    I was wondering should I wait and change it into my name, and how long should that take? Or should I just give it to them in her name? Can they refuse to pay out or make it more difficult if it is in her name?
    They can't refuse to pay. They will just pay to your girlfriend instead of you.

    Also I drive a large car and they only offered to give me a fiat panda as a replacement hire car while I waited. So I declined and got a family members car. Can they do that considering the replacement car was way too small for my needs?

    IMO if you can prove you need bigger car for your needs, they should provide you with adequate one.


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    mgbgt1978 wrote: »
    The Op did state in his 1st post that it was the other party's fault.
    Whether he is even insured on the car has no bearing on his claim.

    Apologies, you are right. I mis-read it as his insurers looking for the log book. If the 3rd party's insurers are looking for the log book, it is because they are taking possession of the salvage.

    If the OP was insuring his girlfriend's car in his name, I wouldn't do it again next time


  • Registered Users, Registered Users 2 Posts: 4,261 ✭✭✭mgbgt1978


    By the sounds of this they haven't agreed on a valuation yet, never mind even making an offer. A bit early for Salvage handover.
    The Op should not hand over the VLC, the most he might do is provide the other party's insurers with a copy. Possibly in his interest to have a chat with a solicitor 1st....this just sounds like the beginning of a protracted delay on paying out any form of compensation.


  • Site Banned Posts: 777 ✭✭✭Youngblood.III


    That's not true. The insured had no legal right to insure another person's vehicle and insurers are well within their rights not to provide indemnity. They have no contract with the owner of the car.

    If the arrangement the OP has is a common law partnership, insurers may well pay out, though they are not obliged to

    It is if he's insured under his Girlfriends policy


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