Car insurance/ownership

Information and questions about driving in Andalucia, buying or importing cars and motorbikes plus legal issues surrounding taxes and licenses.
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Wicksey
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Car insurance/ownership

Postby Wicksey » Sun Oct 07, 2018 12:54 pm

A couple we know 'bought' an ancient car a year ago and still haven't got the paperwork for it, just a photocopy of the original documents. I'm not sure that the person that sold it was even the registered owner. He took them across the road to an insurance brokers and had a conversation with them in Spanish and our friends were then given an insurance policy (I guess they were being told that the transfer was due to be done shortly). They even managed to have it ITVd with just this photo copy of the documents.

I am concerned that the insurance may not be valid as the car still isn't in their name and have urged them to see a gestoria asap to sort it out (apart from any other problems such as unpaid debts outstanding). Am I right to say they aren't insured, or can you insure a car not in your name? I am aware of the full procedure that should take place when purchasing a car, which is why I am worried for them.

1bassleft
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Re: Car insurance/ownership

Postby 1bassleft » Sun Oct 07, 2018 1:47 pm

Wicksey, bear in mind that it's difficult for anyone to be certain without reading what they've got so I doubt if anyone can stake their shirt on knowing the definitive truth. I think your advice to spend a relatively small sum with a specialist is good advice. That said, AFAIK, usual practice is for the vehicle to be insured for any driver over 23 or 25. If the vehicle has ITV and the company has agreed to insure it, then they're covered - at least to the legal minimum requirement. The ownership is of less importance in that respect. Fire, theft and personal losses may not be; it would depend on what the seller and the policy says. A bilingual insurance broker may be better than a gestoria for that stuff (could be willing to check it for free, seeing as your friends could well become customers at renewal time).

Did your chums get a demand for the annual road tax? If not by now, that suggests something is not right and they could be pulled and fined even though the car is roadworthy and insured. That's where a gestoria is more use. I read somewhere on the web that it's possible to register/rescue an "abandoned" car as your own, if the ownership paper trail has gone dead but I imagine it's unusual and requires a gesto who's familiar with it for the process to go smoothly (I'm sure many of them earn their corn just doing the regular transfers, albeit quicker than Joe Bloke manages).

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Wicksey
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Re: Car insurance/ownership

Postby Wicksey » Sun Oct 07, 2018 2:08 pm

The car is not in their name so they won't receive a tax demand for it as they are not yet the registered owner as far as they are aware.

I will ask them next time I see them if they even provided the seller with their passport details etc. I don't think they will be on the padron which I had to provide proof of before buying my car last week, and in the past before we were on the padron I seem to remember taking my escritura to show we had a home here before they would register the car. If they didn't give the seller that information I can't see how he could go about transferring the ownership.

If the car is insured, even if they don't own it, then that at least covers them whilst they sort this out. That was my main concern.

1bassleft
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Re: Car insurance/ownership

Postby 1bassleft » Sun Oct 07, 2018 8:40 pm

I'm not on the padron. I needed my NIE and documents demonstrating I owned my place for transfer but nothing special for the insurance over the phone. Because you said they'd had it a year, I thought they should have the IVTM by May - can't think why the seller would want to keep receiving that demand. I do wonder about an embargo or some other unpleasant history. If Carfax were completely up to date, I'd recommend they looked up their plate, but I checked over a dozen cars and Carfax was full of holes


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