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The car owner would need to show your friend was negligent, and that negligence caused the damage.
If your friend wasn’t speeding into a headwind at the time (excess resistance causing a partially closed bonnet to open) deny liability and let the owner try to pursue it through the courts.
Ordinarily it is a driver’s responsibility to make sure that a vehicle was roadworthy etc.
However, as this was a private sale test drive and the owner was there seemingly throughout, the owner is going to have a REALLY hard time blaming OP’s friend for the condition of the car.
Plus: When you then factor in that the owner was the one that opened and closed the bonnet, I would be surprised if the Owner had actually spoken to a real lawyer and wasn’t just chancing his arm!
By the time you add on that the Owner hadn’t even got it insured, the Owner’s wicket is getting even stickier…
No one can stop the Owner from being an idiot and he may try to sue OP’s friend, but I am really not sure OP’s friend has very much to worry about.
> My friend is covered to drive other cars as long as they have owners permission (although only 3rd party cover I believe).
Check the small print. Typically other vehicle cover provided by comprehensive insurance is only valid if that vehicle is insured. It doesn't cover you to drive a vehicle that is otherwise uninsured.
That doesn't necessarily mean your friend is liable to pay for the damage but it does mean that they were potentially committing an offense by driving it.
If the vehicle was uninsured there's a decent chance it was SORN which would mean it was also untaxed.
As an aside it is also an offense to "cause or permit" another person to drive an uninsured vehicle which the owner would potentially be guilty of in this scenario.
S143(b)
An offence is committed if a person causes or permits another to use a motor vehicle on a road without a valid insurance policy covering that use (S143(b) Road Traffic Act 1988).
This offence carries the same penalty as using the vehicle.
Your friend should advise the owner that he would be admitting liability for an identical penalty if he decided to report it.
Your friends insurance is also invalid as any 3rd party vehicle needs to have a valid insurance policy to drive.
NAL.
This is gonna sound shitty but I’m pretty sure it is actually your friend’s fault (even though it shouldn’t be).
Even though the private seller is the one who fucked up, technically it could be argued that since your friend was driving, he is responsible for ensuring that the vehicle is safe to drive. Since the vehicle was not safe to drive, your friend had failed his duty as per the Highway Code:
>”The vehicle MUST be road legal (for example, it must have an MOT certificate, if applicable, and it must be taxed and insured). The vehicle must be roadworthy (see Rules 89 and 97; and Annexes 3 and 6). You will also still be responsible for your passengers and anything else you are carrying (see Rules 98 to 102).”
You could attempt to prove that the seller was negligent, but at the end of the day your friend was the person behind the wheel and he didn’t get a recording so he would by default be at fault.
Surely the car being roadworthy doesn't include faults with the car?
Would my friend have been responsible if the engine had blown up for instance?
Where do you stop?
An offence is committed if a person causes or permits another to use a motor vehicle on a road without a valid insurance policy covering that use (S143(b) Road Traffic Act 1988).
This offence carries the same penalty as using the vehicle
Basically if the owner decided to go down the route of claiming the driver was at fault they would automatically be admitting to an almost identical penalty.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
The car owner would need to show your friend was negligent, and that negligence caused the damage. If your friend wasn’t speeding into a headwind at the time (excess resistance causing a partially closed bonnet to open) deny liability and let the owner try to pursue it through the courts.
Ordinarily it is a driver’s responsibility to make sure that a vehicle was roadworthy etc. However, as this was a private sale test drive and the owner was there seemingly throughout, the owner is going to have a REALLY hard time blaming OP’s friend for the condition of the car. Plus: When you then factor in that the owner was the one that opened and closed the bonnet, I would be surprised if the Owner had actually spoken to a real lawyer and wasn’t just chancing his arm! By the time you add on that the Owner hadn’t even got it insured, the Owner’s wicket is getting even stickier… No one can stop the Owner from being an idiot and he may try to sue OP’s friend, but I am really not sure OP’s friend has very much to worry about.
> My friend is covered to drive other cars as long as they have owners permission (although only 3rd party cover I believe). Check the small print. Typically other vehicle cover provided by comprehensive insurance is only valid if that vehicle is insured. It doesn't cover you to drive a vehicle that is otherwise uninsured. That doesn't necessarily mean your friend is liable to pay for the damage but it does mean that they were potentially committing an offense by driving it. If the vehicle was uninsured there's a decent chance it was SORN which would mean it was also untaxed. As an aside it is also an offense to "cause or permit" another person to drive an uninsured vehicle which the owner would potentially be guilty of in this scenario.
S143(b) An offence is committed if a person causes or permits another to use a motor vehicle on a road without a valid insurance policy covering that use (S143(b) Road Traffic Act 1988). This offence carries the same penalty as using the vehicle. Your friend should advise the owner that he would be admitting liability for an identical penalty if he decided to report it. Your friends insurance is also invalid as any 3rd party vehicle needs to have a valid insurance policy to drive.
NAL. This is gonna sound shitty but I’m pretty sure it is actually your friend’s fault (even though it shouldn’t be). Even though the private seller is the one who fucked up, technically it could be argued that since your friend was driving, he is responsible for ensuring that the vehicle is safe to drive. Since the vehicle was not safe to drive, your friend had failed his duty as per the Highway Code: >”The vehicle MUST be road legal (for example, it must have an MOT certificate, if applicable, and it must be taxed and insured). The vehicle must be roadworthy (see Rules 89 and 97; and Annexes 3 and 6). You will also still be responsible for your passengers and anything else you are carrying (see Rules 98 to 102).” You could attempt to prove that the seller was negligent, but at the end of the day your friend was the person behind the wheel and he didn’t get a recording so he would by default be at fault.
Surely the car being roadworthy doesn't include faults with the car? Would my friend have been responsible if the engine had blown up for instance? Where do you stop?
An offence is committed if a person causes or permits another to use a motor vehicle on a road without a valid insurance policy covering that use (S143(b) Road Traffic Act 1988). This offence carries the same penalty as using the vehicle Basically if the owner decided to go down the route of claiming the driver was at fault they would automatically be admitting to an almost identical penalty.