patriciaw

I live in Spain and last year my partners adult son came over to stay with us. He bought a motor bike and it was registered in my name. He had a terrible accident on the bike and eventually returned to the UK. Today I have received notification that I have been denounced and fined one thousand euros because the bike was not insured. I was not aware that he was not insured and am in such a pickle and don't know what to do.

Rosemary

I would suggest that you gain legal advice as soon as possible. SueG (a member) will be able to give you some basic information even if you do not live in her area but you cannot contact her via the PM system until you have another couple of posts.

I will move this to the main Spain forum in order to have more readers and therefore possibly more insights into your situation.

Good luck with this.

Rosemary

patriciaw

Thanks Rosemary I suppose at the end of the day I will just have to pay the fine and harass my partners son for the money. However it has helped just to share my worries.

bobd22

I would follow Rosemarys advice re seeking legal advice. I do not know about Spanish law but there may well be other implications the least being points on your licence. Also are you admitting to driving the motorcycle when you haven't etc. legal advice is needed to ensure what you think is clearing up the matter isn't getting you into deeper water. Good luck with this as I say I do not know about Spanish Law but in the UK there are certainly implications.

Rosemary

I would not pay the fine until I had taken legal advice because you could be opening yourself up to all sorts of difficulties. Paying the fine in an automatic way could make you liable for other things because it could be viewed as you taking full responsibility.

Rosemary

SueG

You will have to pay the fine and suffer the consequences I am afraid. You will not have a leg to stand on because the bike is registered in your name. I don't get on the site very often so it is best if people contact me through my work email.

Bri and Katee

This could be whole bag of worms. If you pay the fine its an admission of guilt, ie you owned the bike and it was uninsured. So if your partners son has had an accident involving, another vehicle, road furniture (signs etc) another person or animal, then they too can use the fact of your admission to also claim damages against you.

As others have said, get legal advice and do it quickly. I would also question the person involved as to what actually happened and how it happened, making sure you are armed with all the details to pass on when required.

At the end of the day, he has caused an accident, he may have been injured, but you could be picking up some mighty big financial claims, this could even lead to you having to sell your house to pay them off! Worst case scenario maybe, but remember you are in a foreign country and have to abide by their regulation and law.

patriciaw

Thanks for all the responses. My partners son was hit by a car that did not stop. He was found on the pavement and taken to hospital by the police and medics. He sustained a fractured skull and other injuries. The vehicle that hit him was never found. What I find hard to understand is that I have not received any notification regarding this matter other than the notice regarding the fine.

tommy.irene

Who paid the Hospital fees..

larryX

It was legally your machine, therefore either the rider took it without permission (in UK theft or Taking and Driving a Away) or you permitted the use. In that case you are responsible. The driver is also liable to a fine for using without insurance.

patriciaw

Thnaks larrryx. Whilst I recognise the law in the UK and would say that I had not given him permission to ride the bike without insurance, does this apply in Spain? In respect to him receiving a fine he is now back in the UK and does not plan to return,(thank god I mumble to myself)

bobd22

Patricia I would seek legal advice you could pay the fine and the matter is resolved or it could be the beginning of problems. There has been an accident someone has been injured what are the implications of that. Is it just that this fine is for allowing someone to use the bike registered in your name knowing they had no insurance? or do they believe you are responsible for the accident? I presume the police attended and spoke with your partners son and will be able to prove that wasn't you. I don't know Spanish law but you have mentioned the UK law "Use, cause and permit" this gets very complicated and no doubt Spain will have similar law. Also if buy paying the fine they assume you are accepting responsibility and involved when in fact you were not in the Uk you could be perverting the course of justice very serious ( look at the MP going through court because he said his wife was driving when speeding), not sure how this is applied in Spain. However if you get proper advice maybe it will be to just pay the fine end off, but at least then you would know and will not be worrying about possible further implications. It may be that the advice is that you should just name the lad and let him face the consequences?

dunmovin

Sorry to have to ask this, but the lad bought the bike, registered it your name,then took it on the road without proper insurance cover. Is that correct?
As I understand it, the law says you are the owner of the machine and it is your obligation to make sure any rider you allow has the correct licence, insurance cover, and the ITV is current.

Once again, sorry,but they have "banged to rights". You allowed the lad to take YOUR machine on the road without proper insurance cover
The Numbnuts that hit him will probably be never found... but think on this...had the accident involved pedestians or another car, you could be facing a bill for hundreds of thousands, in legal and medical bills.

That is why we pay insurance companies vast sums of money, hoping we'll never have to use it.

Get legal advice, quickly. You're going to have to pay the fine, but a lawyer can help with any subsequent claims. More expense? yes. but a safeguard

Countryboy1

Patricia, without in any way seeking to delve into your private life, the one person who does not seem to appear in this matter is your partner!
It was his son and you were doing his son a favour by registering the vehicle in your name.
I find it unbelievable that you feel you may have to 'harass' your partner's son about this.
What do he and his son intend to do to help you?
Spineless springs to mind.
Good luck.

patriciaw

Hi Biffta I accept your description of the boy but my partner had a stroke three months ago so is not really able to do much. I am meeting with a solicitor tomorrow so will be much clearer about the way forward.