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As title, in a civil claim is there any general requirement for the claimant to positively demonstrate ownership over the assets in question? Or any specific rules that apply to car claims after an accident?

The specific case that gives rise to the question arises as a result of a car accident in which one party (the defendant) accepts full responsibility. The defendants insurance company refuses to accept any offer that does not include provision of an image of the V5 (log book) and proof of ownership. The claimant has neither document, and has made offers that involve one of; the claimant giving a signed document as to their ownership of the vehicle, acquiring the V5 after the claim (and therefore delaying the transfer of ownership of the vehicle to the insurance company until this has occurred), or the insurance company paying car hire for the time it takes to acquire the V5. From the web site this is likely to be "within 6 weeks". None of these has been acceptable, and it now looks like the claim will go to court for the simple lack of this document which is impossible for the claimant to prove in a timely manner and is likely valueless to the insurance company. The claimant is the owner and registered keeper, it is just a question of the time and costs in getting documentary proof of this fact. It is worth noting that the value of the car is quite low, such that the costs of getting the V5 (£25) and filling a claim (£85) is significant with respect to the amount of money being claimed.

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  • It seems to me that the insurance company is within its rights to delay paying out without confirming the owner/RK to prevent potentially fraudulent claims. Has a court date been set? And if so, is it less than 6 weeks away? If it is, then the judge may be persuaded to adjourn until all the evidence is available. If not within 6 weeks, it's likely that once they get the correct documentation the insurer will re-consider the claim in-house.
    – user35069
    Commented Jul 19, 2022 at 10:57
  • There is not yet a court date. The claimant has not initiated court proceedings, as it was hoped that this could be settled out of court. It is a question of burden of proof, does it usually fall on the claimant to prove ownership of assets in such cases?
    – User65535
    Commented Jul 19, 2022 at 11:02
  • There probably isn't a general rule. In some claims it would be an element of the claim that must be proved, in others lack of ownership might be an affirmative defense, and in yet others, it might not be necessary to prove ownership at all.
    – ohwilleke
    Commented Jul 20, 2022 at 18:00

1 Answer 1

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In civil cases the burden of proof is generally on the claimant to prove that their claim is true "on the balance of probabilities" (i.e. more likely to be true than not)

There's a requirement for the claimant to prove damages, (i.e. the monetary loss they've suffered as a result of the defendant's actions), in the case of damage to property this isn't necessarily going to involve proving that you own the property that was damaged but rather that you suffered a loss as a result of the harm to that property.

Obviously in the case of assets proving ownership is one way to do this - and arguably the most simple.

Given we're talking about a car here there's more to unpack - after all it's rather common for people not to actually own "their" cars but still be in a position to suffer losses when that car is damaged.

A logbook (or V5C to its' friends) doesn't actually prove ownership (just who the "Registered Keeper" is), that said it can form part of an overall picture towards that "balance of probabilities" I mentioned earlier. For example if the claimant has a V5C indicating that they're the registered keeper (and were at the time of the loss), the addresses match, the vehicle has no outstanding finance against it and isn't reported stolen (shown via a HPI check or similar) and no other putative owners are claiming otherwise then I'd be surprised if that wasn't sufficient to meet that balance of probabilities test. Of course a bill of sale and matching bank statements would go a long way too!

Likewise a car not actually owned might still be claimable about - so long as the claimant has suffered a loss. If the car is leased or on a Hire Purchase agreement the claimant doesn't own the car, but they're still financially on the hook for it, and a in that case a copy of the agreement, bank statements showing payments for it and the V5C is probably going to be enough there.

Not having the V5C

Where (as in this case) the owner and registered keeper is unable to produce the V5C because they've lost it, dog ate it or whatever. That's really the claimant's problem - they were the one responsible for the document and the defendant had zero influence on that with their actions.

acquiring the V5 after the claim (and therefore delaying the transfer of ownership of the vehicle to the insurance company until this has occurred)

If (and I accept it's a big "if") the claimant succeeds in establishing their losses on the car without the V5C it's not actually required when selling/transferring - it can be done in writing to DVLA

the insurance company paying car hire for the time it takes to acquire the V5

Never going to happen - this would be a clear example of a cost to the claimant that resulted from the claimant's own actions. The defendant didn't lose the V5C.

From the web site this is likely to be "within 6 weeks"

Not really relevant to the legal aspects but applying online can get it done in 5 working days

It is worth noting that the value of the car is quite low, such that the costs of getting the V5 (£25) and filling a claim (£85) is significant with respect to the amount of money being claimed.

As with the "car hire" point above the £25 cost is ultimately the claimant's problem. The filing and trial fees can be recovered from the defendant if the claimant wins.

PS: I'm not sure if this is a real or hypothetical situation - but this is one that has me scratching my head as to why this isn't going through insurance? The claimant's insurance company has already de facto accepted the policy holder's assertion of an insurable interest in the vehicle at the inception of the policy and absent a really good reason to question it themselves (i.e. where they think showing the policy holder lied to them is going to save them having to pay out) it would generally never even come up.

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  • To address your last paragraph, this is a real situation and the defendants insurance company is refusing to pay the claim to the claimant because the claimant does not have the V5. I guess the question becomes would the V5 be necessary in court, but I guess that is a bit specific for this site.
    – User65535
    Commented Jul 19, 2022 at 15:45
  • @User65535 Pragmatically I'd be getting on the online V5C replacement anyway, it seems like it would make life significantly more simple. Out of curiosity what's the claimant's insurance said in all this? Commented Jul 19, 2022 at 16:10
  • Dealing with the insurance has been a bit of a nightmare. They have not given me any offer that does not involve an image of the V5, though they are aware I am unable to provide this. I have made multiple offers and they have not even acknowledge any, nor said what the issue is with them. I believe they have been lying to the claimant. I am interested if lawyer fees would be recoverable in a way directly taking action to solve their problem would not, the easy way would be to employ a professional to deal with this if they insurance company would pay.
    – User65535
    Commented Jul 20, 2022 at 5:18
  • Sorry, I misread your comment. The claimant has not involved their insurance company. they only had 3rd party insurance. They emailed them to inform them of the accident only, all communication has been with the defendant and their insurance company.
    – User65535
    Commented Jul 20, 2022 at 7:16
  • @User65535 Ahh. 3rd party only.. that's a spanner in the works. I'd be wary of getting a lawyer involved since their fees generally aren't recoverable in small claims and you could end up paying more out then you get back for the car. Sounds like getting the V5C is the way to go get this moving, sure it'll take 5 days but without that it's going to be an uphill battle Commented Jul 20, 2022 at 9:15

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