A guy wants to test drive my car but due to recent weather etc i have Sorned it and also not bothered insuring it again.

 

Someone wants to test drive it and i have asked for cash up front to do so, anyone got a good sentence or two that i could write down and get him to sign so that i am not liable if he bends it??

 

Its hopefully unlikely as i will be there in passenger seat etc but you never know.

 

Maybe if i get him to sign a 'sold as seen' and take the cash before he drives it and write the date and time of purchase on it?? Then if he bends it the money is mine ????

 

Thanks

i think that if its not taxed then its illegal to be on the road, hence no insurance policy will cover it. he can sign what you like, but if he bends it and walks away you probably wont have a leg to stand on.

I'm sorry but I see no legal way for you to do that.

 

First of all, the car is SORN'd and uninsured so is NOT allowed to be driven (test drive or otherwise).

Secondly, if you are letting someone else (test)drive your car you need to ensure that this person has adequate insurance coverage (ie, not just 3rd party, Fire, Theft). The onus is on you to ensure all documentation is legit and up-to-date.

 

Lets just take the worse case scenario:

 

Your car is SORN'd, uninsured and test driver is also unensured. He/she parks it up a tree causing damage to the car and injury to either/both of you. YOU, as the car's owner, are liable because you broke the law by taking the car out on a public road without insurance and road tax. Under no circumstance would you be able to recoup any money from anywhere - obviously not your insurance because the car isn't insured nor from the test driver as driving a SORN'd/uninsured car violates HIS insurance as well.

 

So, best thing you can do is be honest with any potential buyer and explain that the car is SORN'd and uninsured. If they are REALLY serious about buying you will then have to tax and insure the car prior to driving it.

 

Sorry mate, I've heard too many horror stories from people who were in the same boat as you and things went wrong ...

 

Good luck with the sale though!

 

Dan

Thanks for all your advise !!!

 

I am taxing and insuring the car this afternoon and i'll take him for a spin in the morning. if he has the cash i'll let him drive it but he needs to either sign he's bought it or that he accepts reliability. That should take care of it shouldn't it ??

 

Although not sure why i'm forking out this cash to sell a car i don't really want to sell for a price that i feel is to low........hey ho thats the UK car market i suppose !!

I'm sorry but I see no legal way for you to do that.

 

First of all, the car is SORN'd and uninsured so is NOT allowed to be driven (test drive or otherwise).

Secondly, if you are letting someone else (test)drive your car you need to ensure that this person has adequate insurance coverage (ie, not just 3rd party, Fire, Theft). The onus is on you to ensure all documentation is legit and up-to-date.

 

Lets just take the worse case scenario:

 

Your car is SORN'd, uninsured and test driver is also unensured. He/she parks it up a tree causing damage to the car and injury to either/both of you. YOU, as the car's owner, are liable because you broke the law by taking the car out on a public road without insurance and road tax. Under no circumstance would you be able to recoup any money from anywhere - obviously not your insurance because the car isn't insured nor from the test driver as driving a SORN'd/uninsured car violates HIS insurance as well.

 

So, best thing you can do is be honest with any potential buyer and explain that the car is SORN'd and uninsured. If they are REALLY serious about buying you will then have to tax and insure the car prior to driving it.

 

Sorry mate, I've heard too many horror stories from people who were in the same boat as you and things went wrong ...

 

Good luck with the sale though!

 

Dan

 

Surely the person driving is legally responsible not the owner. I would insist he gets his own insurance before the test drive and would'nt worry about the tax, thats his problem if he is caught.

Edited February 9, 200916 yr by Yowser

i think that if its not taxed then its illegal to be on the road, hence no insurance policy will cover it. he can sign what you like, but if he bends it and walks away you probably wont have a leg to stand on.

 

no, lack of road tax does not affect insurance policy,

'DVLA has the authority to carry out enforcement action against the registered keeper directly from the information held on the vehicle licence record'

 

Taken from the 2009 Yearbook of Road Transport Law

'DVLA has the authority to carry out enforcement action against the registered keeper directly from the information held on the vehicle licence record'

 

Taken from the 2009 Yearbook of Road Transport Law

 

Im pretty sure that applies to when they are trying to prosecute after an event and you have not dislosed who the driver was.

Edited February 9, 200916 yr by Yowser

I certainly wouldn't give my car to someone if it had no tax, MOT or insurance - thats just playing with fire!!

 

http://www.theaa.com/public_affairs/reports/roadtax-evasion-feb2007.pdf

no, lack of road tax does not affect insurance policy,

 

it does now - the law was changed a few years ago.

it does now - the law was changed a few years ago.

Are you sure....it wouldn't really be a law thing its down to your insurer, it would have to state the clause on the policy.

 

If your done for no tax you dont get prosecuted for no insurance.

Thanks for all your advise !!!

 

I am taxing and insuring the car this afternoon and i'll take him for a spin in the morning. if he has the cash i'll let him drive it but he needs to either sign he's bought it or that he accepts reliability. That should take care of it shouldn't it ??

 

Although not sure why i'm forking out this cash to sell a car i don't really want to sell for a price that i feel is to low........hey ho thats the UK car market i suppose !!

 

Bear in mind that if you insure it, then your insured and not him. At best he may be third party covered through his own insurance so he can legally drive it but thats not going to do any good if he write the car off.

 

Get him to sign something but take the money before the drive IMO The piece of paper signed by a stranger wont mean nowt if anything does happen and he decides he aint paying for it.

 

Get him to pay for the tax off you on top of the sale price if he buys the car, else get a refund on it.

 

Its always the problem when selling a car unfortunatly.

Edited February 9, 200916 yr by Yowser

Are you sure....it wouldn't really be a law thing its down to your insurer, it would have to state the clause on the policy.

 

If your done for no tax you dont get prosecuted for no insurance.

 

Well I was sure... but then I tried to find it, and I can't! Must have just been a white paper proposal or something. I only remember it because I got a failure to display fixed penalty, and remember thinking it would have been a real shi**er!!

Your insurance policy would say something along the lines of 'covered if your car is road worthy and legal'

 

having no tax means your car is illegal and not road worthy - they would use this and probably not pay out when it comes to that......

Your insurance policy would say something along the lines of 'covered if your car is road worthy and legal'

 

having no tax means your car is illegal and not road worthy - they would use this and probably not pay out when it comes to that......

 

Except I have written off 2 cars in the past and my wife has done the same, and on all occasions I removed the tax disc (for a refund) along with all my belongings before any insurance inspector came and they never ask for it......only Mot certificate.

 

4 separate claims all from different insurers.

Edited February 9, 200916 yr by Yowser

Except I have written off 2 cars in the past and my wife has done the same, and on all occasions I removed the tax disc (for a refund) along with all my belongings before any insurance inspector came and they never ask for it......only Mot certificate.

 

4 separate claims all from different insurers.

 

 

aye, but on the day of the accident you were taxed ;)

 

Tax details for ANY car are available to anyone who has internet access and in the case of sorning, it will show the date the sorn started (ie: the date the tax ran out) :)

Road tax does not affect your insurance after all if it is not taxed but parked up it can still be fully insured. What about when you take it for an MoT when the tax has expired, are you then not insured also, which goes to show that you are insured even without an MoT.

aye, but on the day of the accident you were taxed ;)

 

Tax details for ANY car are available to anyone who has internet access and in the case of sorning, it will show the date the sorn started (ie: the date the tax ran out) :)

 

ok, arguably an insurer could try and get out of a claim if you were not taxed, they will try anything.

 

In the eyes of the law however no tax does not mean no insurance.

Road tax does not affect your insurance after all if it is not taxed but parked up it can still be fully insured. What about when you take it for an MoT when the tax has expired, are you then not insured also, which goes to show that you are insured even without an MoT.

 

True - but it is illegal to park a car on a PUBLIC road if its not taxed or MOT'd (or insured)

 

So parking it in your garden without tax won't affect anyone..... but taking it out on the road, driving along - whacking into someone and trying to claim when the car was not road legal or road worthy to start off with is probably not on :)

ok, arguably an insurer could try and get out of a claim if you were not taxed, they will try anything.

 

In the eyes of the law however no tax does not mean no insurance.

 

correct :D but at the end of the day - like you said, they'll say anything to get out of paying and will cough up the 'your car was not road legal blah blah' ....... bunch of money grabbing wotzits :slap:

If it help crotch rocket, ive just had to insure the car im selling for this very same reason, if your worried about the buyer crashing it, first take him for a drive, then go through the paperwork , signing it all, and sorting out the cash then let him take it for a drive with you as a passenger, if he then decides he doesn't want it, tear up the papers and all done.

If he does want it, off he goes

I think thats the way to go thanks bud!

or that he accepts reliability. !!

 

If can accept this you're onto a winner on the price before you start!!!! Sorry couln't resist!

lol :D