Legal advice please read

[Rhys1234]

Hello everyone

I apologise in advance as this is completely unrelated to fiat.

I purchased a car this evening to find out I was uninsured as the dealer let me drive away this way.

This being one of the main dealers.

I went in to hand over and receive my new car (HAPPY). Obviously I received 7days free insurance which would be activated once the dealer printed off the documents.

I asked for the documents and was told admin had gone home and forgotten to print them so a little worried I confirmed with the sales rep what the insurance had said regarding the documents.

He then rang his manager who was sat at the other end of the room who informed him I would be fine and insured.

Deal done I get in my new car and drive home. Not quiet satisfied after thinking about it I rung the insurance company just to double check. Law and behold guess who's not insured.

Amongst all this I did not receive my green slip as again was told I didn't need it?? Is this right.

I have had to ring my current insurer to change cars meaning my next direct debit rockets to £118.

Does anyone know where I stand legally please

 

[Most Easterly Pandas]

You word against their at best unfortunately unless they gave it to you in writing.

You should have got the green slip from the V5 if a used car though.

 

[Rhys1234]

I thought as much so while on phone to the insurance he changed the dates of the 7 day to start as off tomorrow and I've signed to say I received the car today.

Does this help??

 

[Rhys1234]

Yeah the cars an 09 fiesta

 

[Most Easterly Pandas]

I thought as much so while on phone to the insurance he changed the dates of the 7 day to start as off tomorrow and I've signed to say I received the car today.

Does this help??

Not really, so you're still getting your free 7 day drive away cover then? I take it by luck you're insured with the provider of this cover (Swinton by chance?)

 

[Rhys1234]

Yes I get it starting from tomorrow and the paperwork to state this. This will translate to them or anybody looking at it that I was uninsured when I left the forecourt.

I'm not sure what insurer it is when you ring all you get is ford this ford tht for ten minutes before you speak to any1

 

[Most Easterly Pandas]

Yes I get it starting from tomorrow and the paperwork to state this. This will translate to them or anybody looking at it that I was uninsured when I left the forecourt.

I'm not sure what insurer it is when you ring all you get is ford this ford tht for ten minutes before you speak to any1

Potentially you were uninsured then, although potentially you were not. I wouldn't worry about it too much now personally, and just enjoy your car.

For future ref ALWAY sort insurance out yourself, its something only you can realistically do anyway, you're the only one who knows your circumstances, so I'm not sure why the garage thought they could do it.

 

[Rhys1234]

I had set the insurance up myself but it was down to the dealer to print the documentation which in turn activated the insurance

 

[Rhys1234]

My concern lies mainly with the fact they let me drive away and at what cost???

Luckily I got home safe but what if I didn't then this would have been a whole different conversation and maybe you'd be hearing it on the news.

 

[Rhys1234]

Rather dramatic I know but although it seems minor it's pretty serious.

 

[Most Easterly Pandas]

I had set the insurance up myself but it was down to the dealer to print the documentation which in turn activated the insurance

Well if that was the case, and it was their part which it failed on, which it now sounds like, then it would have been on their head.

We live in an electronic world, I'd be surprised if they had to physically print it to activate it, and couldn't click a few buttons on a computer.

 

[Rhys1234]

I have to take the car back as it stands anyway as it needs valeting the tracking needs sorting and I need my locking wheel nut key.

I just wanted to know what legal grounds I have if any to the insurance

 

[Caravadossi]

... Does anyone know where I stand legally please

Bit late now 01:05 but it’s arguable whether you need any paper.
A contract is `offer & `acceptance’ – so if that’s how they do business (i.e. offer ins cover on sale) then it maybe all above board. They wouldn’t let you leave with the car without your payment – that indicates you’ve accepted the deal & negotiation is over. I wouldn’t assume a negative just on the lack of immediate paper – sometimes that can take days.

190105Z

 

[Rhys1234]

I can appreciate your input regarding the paperwork only on legal terms I was uninsured as far as the insurance company was concerned and was advised to ensure the car insured either through them or other means (my own policy) before driven again.

This information coming from their insurance

 

[Most Easterly Pandas]

I can appreciate your input regarding the paperwork only on legal terms I was uninsured as far as the insurance company was concerned and was advised to ensure the car insured either through them or other means (my own policy) before driven again.

This information coming from their insurance

But you already sorted it with their insurance. There is a lot more to it than yes/no on a computer screen, if it was part of the deal on paper then they may well have had the power to verbally indemnify you until they could click a box on a admin assistants computer.

 

[Caravadossi]

I can appreciate your input ...

Correction: actually the sequence of events is, the car would be advertised c/w 7D ins & other inducements. The `offer’ to take their invited terms would come from you - & their `acceptance’ is indicated by taking your payment. It’s unlikely you’d be driving off into the sunset without an `agreement’ & the absence of `paper’ isn’t fatal to a deal.

As you say, it was the evening – so it could be the intended InsCo at HQ knew nothing of a deal thro a broker made at the dealer’s close-of-play. I was once accused (they’ll be one in your workplace) of having no insurance. I pointed out I’d done the deal thro the insurer’s agent & it was quite possible HQ were unaware & it could be days before all the admin was complete &/or the car came-up `green’ on the MID (Motor Ins Database).

My current insurer doesn’t issue paper – it’s up to me whether I print-it-off. However I’m sure our telecon is recorded as evidence of an agreement.

190944Z