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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To NOT report that my car has been stolen...by my ex

42 replies

Salt14 · 01/05/2022 10:43

Couldn't find a 'Legal' thread so please move if in wrong place.

Split with ex 3 years ago, amicable, stayed friends.
He lives with paranoid schizophrenia and off his meds, he came here last night as he feels safe here. Let him crash on sofa.

However, whilst I was asleep he took off with my car, at least I assume it's him as he's not here, car's not here and keys have gone.

He's insured on the car as I've not got round to taking him off as a named driver from when we were together. I forget at renewal and it costs an admin fee outside of that.

But he told me recently that he has lost his licence.

Which would mean he's not insured, right?

So what do I do? Was going to report to police but given I am the named owner, doesn't it fall back on me?

So do I NOT report it?

OP posts:
Salt14 · 01/05/2022 16:07

@retiredtrafficcop thank you. That corrects what I had found online. I read something about regardless of permission to drive, the onus to ensure a person driving your vehicle has a valid licence, insurance etc. is on the owner.

In my panic must have interpreted it incorrectly and worried that I may be dropping myself in trouble. Thankyou, I will log a report now.

OP posts:
Thesefeetaremadeforwalking · 01/05/2022 16:10

Call the cops OP and report it, otherwise it could all come back on you.

He's not a child, he's your EX so you aren't responsible for him.

Salt14 · 01/05/2022 16:13

TheLittleCabbages · 01/05/2022 10:46

He took your car without permission. That’s a criminal offence. Why wouldn’t you phone the police?

I was panicking that the onus and blame would still come down on me as the named owner of the vehicle.

Plus, I don't want to get him into trouble, stupid really, but I've seen what he's been through, how he's judged, mistreated, etc. etc. But as others have pointed out, it was his decision and I would never forgive myself if anything happened to anyone else

Contacting police now.

OP posts:
JakeyRolling · 01/05/2022 16:13

Report it. If you know/suspect he has it and you know he has no licence (and therefore no insurance) YOU could also be prosecuted for allowing him to drive. (By not reporting it you can't prove you didn't let him take it)

Salt14 · 01/05/2022 16:15

Thank you for everyone's responses, greatly appreciated.

I just got myself in a state not knowing what the right thing to do was, for me, for him..but as some of you have pointed out, what about all the other road users?

Am reporting it now

OP posts:
Luculentus · 01/05/2022 16:23

Salt14 · 01/05/2022 16:07

@retiredtrafficcop thank you. That corrects what I had found online. I read something about regardless of permission to drive, the onus to ensure a person driving your vehicle has a valid licence, insurance etc. is on the owner.

In my panic must have interpreted it incorrectly and worried that I may be dropping myself in trouble. Thankyou, I will log a report now.

How could the onus possibly be on the named driver? If my car gets stolen, I have no way whatsoever of checking that the thief has a licence and is insured.

DeskInUse · 01/05/2022 16:25

Glad to see you're reporting it op. As the owner of the car, if you knowingly let someone drive your car who either has no insurance or has lost their licence you will be prosecuted too.

My dh borrowed a friends car, he had an accident (not his fault) and whist the police were checking his insurance, they rang the owner of the car to check if he knew my dh had it, he said yes and the police informed him that if my dh didn't have insurance for the vehicle they'd prosecute my dh and the friend. They did find the insurance, so no harm.

JakeyRolling · 01/05/2022 16:26

But if it's not reported stolen @Luculentus then the assumption is made that permission was given and therefore the owner should have checked

TheSnowyOwl · 01/05/2022 16:29

If you report him, you make if clear you didn’t consent to him taking the car. If he crashes or causes an injury, then since you know the car is missing (likely taken by him) and you know he doesn’t have a licence you will look complicit.

Time2ChangeName · 01/05/2022 16:49

If you don’t report you can be prosecuted for ‘permit’ offences. Your insurance would cover any third party liability but if he’s lost his license that’s all. You need to report him.

BitOutOfPractice · 01/05/2022 16:53

I would also be phoning insurance company and getting his name off the policy. I wouldn’t be surprised if having a disqualified driver on the policy invalidates your insurance.

retiredtrafficcop · 01/05/2022 16:57

@Salt14 , if the car is reported stolen the keeper absolves themselves of responsibility for the driver.
@BitOutOfPractice having a disqual driver as a named driver on ones policy wont automatically void the policy but it will be a waste of time and money as the named driver part of the policy would be void, also, if there was a claim it would massively load your next premium and affect the policys no claims bonus

BitOutOfPractice · 01/05/2022 17:05

@retiredtrafficcop you sound much better qualified than me to know that 😬 it was just a guess. I’d bet it’ll be a load of hassle to make a claim if the insurance company know this guy’s record though. You know what they are like. And don’t you have to say if anyone on the policy has had any licence endorsements since the last renewal? Either way you just know it’s going to be a complete pain in the arse!

girlmom21 · 01/05/2022 17:09

JakeyRolling · 01/05/2022 16:26

But if it's not reported stolen @Luculentus then the assumption is made that permission was given and therefore the owner should have checked

Only if the owner knows the car has been stolen.

You can't report a car stolen if you're not aware it's been stolen.

LoveSpringDaffs · 01/05/2022 17:18

I hope he gets the help he obviously needs & I hope no harm is done & you get your car back Undamaged.

Duchess379 · 01/05/2022 18:11

retiredtrafficcop · 01/05/2022 11:33

as per my username, Im a retired traffic cop. If you dont report it, the police and courts will assume you have given him permission to use the car, meaning that you are equally as responsible for his disqualified driving and consequent lack of insurance. Its called "use, cause or permit" and can result in points and or a ban for you too

Another retired officer here, was just about to say this! 👍🏼💙

Alarchbach · 01/05/2022 18:28

Why has he lost his licence? Medical? Banned?

If so then you have an insured person on your policy without a valid driving licence, if he has been banned then it means that you have not declared his motoring convictions.

If he has an accident and injures someone then you could find yourself in serious hot water with your insurance company. They could void any claim for your car but will have to pay out any third party costs and depending on the clauses in your contract, they could seek to recoup their costs from you.

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