Driving on private land

[mum-of-three]

Can anyone offer advice please. My son foolishly let his friend drive his car at his place of work (a factory employees carpark, which is owned by his friend's father). He was under the assumption that he wasn't breaking any laws by letting him drive without a license due to it taking place on private land. I don't know if this assumption is correct. Anyway his friend accidently reversed the car into the side of the building, severely damaging car and also damaging building. I realise that the damage to the car will not be covered by his insurance company- fair enough- but does anyone know who will be liable for the cost of the damage to the building? Any advice would be appreciated.... Thanks, a very stressed mum

[Ice.Maiden]

Perhaps, if you're very lucky - nothing. If your son goes to speak with his friend's father, and admits that he let the boy have a go in the car, which resulted in all this mess, the friend's dad might be cross with his son - and probably yours - but let it go at that.

[Oneeyedvic]

I beleive that the person driving the car would be liable.

It may be possible that the building owner can claim from the MIB -motor insurance bureaus ( http://www.mib.org.uk )

[New Judge]

The MIB is a fund of �last resort� and will pay for injury or damage caused by an uninsured driver only where a claim can be made no other source. It is probable that the factory will have some sort of cover (e.g. against vandalism) to enable them to make a claim.

As far as the status of the �private land� is concerned, the various Road Traffic Acts are applicable on roads �or other public places�. These other places are usually defined as those to which the public has unfettered access. So a supermarket car park for instance, although privately owned, would be deemed a public place because anybody can enter them during opening hours. The status of private car parks such as you describe is not so clear and it often needs a court to make a ruling in individual cases where a claim for damage or a prosecution is attempted.

[mum-of-three]

Ok thanks for the advice so far guys. Sadly the situation is a mess! The boys father has informed me that the damage to his building amounts to approx 10K, not to mention the damage to the car. My son's insurance company has informed me in the likely event that payout, my son will be billed for the full cost. Think I'm best speaking to a lawyer. A very expensive lesson to be learned here......

[mum-of-three]

Yes, it does seem a bit unfair, I think - maybe I'm wrong.... But his point is my son is liable and responsible as he shouldn't have allowed his friend to drive his car. I believe my son has behaved idiotically but am not sure there is any way out of this............

[Tichfield]

If the person driving the cas is an adult then he is responsible for his own actions.

If he is a minor you son would only be responsible if he was acting "in loco parentis" at the time.

[ChuckFickens]

I agree with tetjam, your son may lose his job over this (or at the very least may not want to work there any more) but it wasn't him that drove into the building.

it's the driver thats responsible.

Also 10k reversing into a building seems a bit steep, how fast does (did!) your sons car go in reverse?

[ChuckFickens]

I suspect that by reversing into the factory irreversible damage may have been caused to the blokes kitchen at home meaning that needs to be replaced too!

I think Speaking to your solicitor may be a good idea as this seems a little on the lines of "well somebody has to be to blame other than my darling angel of a son"

[New Judge]

The two scenarios as I see them are:

1. Your son reports the matter to the police saying his car was taken without his consent (not true). His friend is charged with TWOC-ing and will be liable for the �10k.

2. Your son accepts that he gave permission for his car to be driven (true). He will be at least partially liable for the �10k for doing so and, if the police are involved, may be open to a charge of allowing his car to be driven uninsured.

As you say, legal advice uis needed.

[mum-of-three]

I'm not going to lie about it, as I say my son did give him permission. However, he only did so as he thought that he was not committing an offence. The lad had told him it's ok to drive on private land with the owners permission. His father gave permission, so he let him drive it. Obviously he didn't think he was going to put it through the side of the building! Now the father is going balistic and accepting no fault on his son's part..........Our insurance company are saying they WILL pay out but will look to seek the money back from my son. I see no justice there and think the other lad should be responsible for at least half of the cost. But, don't know what we can do

[iago18]

It is not against the law the drive on private property (as long as you have permission, although the police still cannot do anything until you drive off that private land). That is why not having road tax on private land you cannot be fined for it. However, park the car on public land and you can be fined and even your car can be towed away and crushed.

[elaineinuk]

I need to find, to quote, the piece of legislation that states the responsibility of drivers on private land, does anyone know where i can find this?