Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


2 posts

Wannabe Geek


Topic # 190852 14-Jan-2016 15:22
Send private message

Hi. I'm looking for advice in regards to a vehicle my husband purchased for an employee.

He purchased the car in Nov 2015 for one of his employees. The car was to be registered in my husbands name until the employee paid my husband back in full ($2,000), then he would sign the car over to him.

3 weeks later my husband gets a phone call from an insurance company stating that the car had been involved in an accident but the driver didn't stop. My husband explained the situation to the insurance company and that was the end of the conversation. My husband tried calling his employee numerous times to get in contact with him in regards to this matter but he ignored phone calls, texts and stopped showing up for work.

We then get a knock at the door this morning and it's an insurance investigator looking to speak to my husband. I told him he was at work, so he left me his card saying my husband needs to call him ASAP!

Is my husband liable for this accident because he is the registered owner but wasn't driving it?

We're a little worried and not sure what to do. Google hasn't been much help in this situation.

TIA

View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2
Awesome
4810 posts

Uber Geek
+1 received by user: 1062

Trusted
Subscriber

  Reply # 1470932 14-Jan-2016 15:25
Send private message

File a police report now




Twitter: ajobbins


732 posts

Ultimate Geek
+1 received by user: 7

Trusted
Subscriber

  Reply # 1470965 14-Jan-2016 15:30
6 people support this post
Send private message

Your husband is not liable for the crash the driver of the vehicle is responsible for the crash and is the person liable




that would be an ecumenical matter

Banana?
4457 posts

Uber Geek
+1 received by user: 1061

Subscriber

  Reply # 1470966 14-Jan-2016 15:31
Send private message

IANAL.

I would say so long as he makes a declaration that he was not the driver, and who the driver (likely) was, he will be fine.

But yeah, you could file a police report, but I do not know what for. Theft? not really - the employee didn't steal the car did he? Just contact the insurance company and explain. They will probably just want the details of the employee.

19282 posts

Uber Geek
+1 received by user: 2600
Inactive user


  Reply # 1470967 14-Jan-2016 15:31
Send private message

The driver of the car is liable not the registered owner!



2 posts

Wannabe Geek


  Reply # 1470990 14-Jan-2016 15:39
Send private message

Thanks so much for your responses. I really appreciate it. Lesson learned and one we won't be repeating in the future.

Thanks again!!

263 posts

Ultimate Geek
+1 received by user: 48


  Reply # 1470991 14-Jan-2016 15:39
One person supports this post
Send private message

trig42: IANAL.

I would say so long as he makes a declaration that he was not the driver, and who the driver (likely) was, he will be fine.

But yeah, you could file a police report, but I do not know what for. Theft? not really - the employee didn't steal the car did he? Just contact the insurance company and explain. They will probably just want the details of the employee.


They could file a report for theft, as the now Ex-employee still owes $2K




gzt

10181 posts

Uber Geek
+1 received by user: 1560


  Reply # 1470995 14-Jan-2016 15:43
Send private message

The investigator will be wanting to confirm some details that is all. Eg; will ask to see if car was insured and who the insurer is. Nothing to worry about.

19282 posts

Uber Geek
+1 received by user: 2600
Inactive user


Reply # 1470996 14-Jan-2016 15:45
Send private message

pbgben:
trig42: IANAL.

I would say so long as he makes a declaration that he was not the driver, and who the driver (likely) was, he will be fine.

But yeah, you could file a police report, but I do not know what for. Theft? not really - the employee didn't steal the car did he? Just contact the insurance company and explain. They will probably just want the details of the employee.


They could file a report for theft, as the now Ex-employee still owes $2K


That is not theft, The 2K owning is a civil matter not police

13139 posts

Uber Geek
+1 received by user: 6164

Trusted
Subscriber

  Reply # 1471045 14-Jan-2016 16:19
2 people support this post
Send private message

Have a chat with your lawyer




Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

 Mac user, Windows curser, Chrome OS desired.

 

The great divide is the lies from both sides.

 

 


21462 posts

Uber Geek
+1 received by user: 4362

Trusted
Subscriber

  Reply # 1471057 14-Jan-2016 16:22
Send private message

+1 on the lawyer.

I bet the loan agreement was never done too, so the whole legal staus of the car ownership (which is different to who pays the rego) is all up in the air too.




Richard rich.ms

Baby Get Shaky!
1570 posts

Uber Geek
+1 received by user: 392

Trusted
Subscriber

  Reply # 1471118 14-Jan-2016 17:23
Send private message

Funny thing about car registration in NZ is it doesn't actually prove ownership and isn't used as such (as richms has mentioned). Not that hard to register a car is someones else's name or forget to change the registered party when it changes hands. Advice above is pretty spot on, the insurance investigator will be wanting to get a written statement along the lines of what you've said. It's not a bad idea to get your husband to fill out a declaration to NZTA stating that they are no longer the registered party of the vehicle, will help to avoid drama in the future if the vehicle is sought or there are fines owing.

21462 posts

Uber Geek
+1 received by user: 4362

Trusted
Subscriber

  Reply # 1471123 14-Jan-2016 17:25
One person supports this post
Send private message

If the guy has not paid for it, and not turned up to work, then I would think it is basically taking a work car and abandoning the job, so it would now be stolen, but a lawyer that knows about employment stuff would be the best bet as to firstly if you can declare the employee as abandoning the job and if that now means the car is stolen.

Remember that if there is no agreement of the loan in writing then it becomes your word against theirs, so perhaps this thread should disappear if that makes your case easier to make?




Richard rich.ms

3071 posts

Uber Geek
+1 received by user: 1551


  Reply # 1471147 14-Jan-2016 17:30
One person supports this post
Send private message

Registered owner does not equal legal owner. However the registered owner does accept some responsability for the vehicle, for joe-public this mostly means parking tickets and speed camera tickets. They will also be the first port of call and have legal responsibilities to identify the driver in the event of a police investigation. I suspect the insurance investigator is just trying to identify the responsible parties and this is just part of routine enquiries. There is nothing to report to police. You can lodge a change of ownership with the NZTA without the current owner, which I would advise.




Always be yourself, unless you can be Batman, then always be the Batman



353 posts

Ultimate Geek
+1 received by user: 74

Subscriber

  Reply # 1471217 14-Jan-2016 18:15
Send private message

You don't say whether your husband had any insurance on the car and whether that insurance provided any cover when the employee was driving.  That's what the insurance guy will be interested in.  Obviously if the vehicle is insured you need to tell the insurer.




McLean

11899 posts

Uber Geek
+1 received by user: 3857

Trusted
Lifetime subscriber

  Reply # 1472302 15-Jan-2016 23:23
Send private message

I'd report the car as stolen myself (after I'd left the ex employee a message on his phone giving him 24 hrs to pay the balance or return the vehicle).





 1 | 2
View this topic in a long page with up to 500 replies per page Create new topic

Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.