Emergency Regulation Powers

[00:00:00] Speaker A: You're tuned into The All New Freedom 106.5. [00:00:04] Speaker B: 106.5. Good morning and welcome back to justice here on Freedom 106.5 FM. Every more. Every Friday mornings at 7:20 we kick it off with Andisa west, my co host and colleague. Good morning Andisa, how was your week? [00:00:28] Speaker C: Good morning. [00:00:29] Speaker B: Anybody was in police station you had to go to? [00:00:31] Speaker C: Yeah, definitely called Andisa during the week [00:00:34] Speaker B: and can't get onto Andisa. [00:00:36] Speaker C: The thing is I recently tried to separate my phone so that I could have one phone for work and one phone for personal use because persons usually complain. But I find it's too much like I still it with one phone and then like if I'm in court I'll have it on do not disturb. So like I wouldn't get the calls that coming in. I just think it's too much to have two phones. Whoever could do it like kudos to you guys. [00:01:00] Speaker B: I passed that stage. I used to have two phone and I nothing that no one phone, one number. Call me if you get me again. [00:01:06] Speaker C: One phone is already enough. Yeah. [00:01:09] Speaker B: You know, the other day I go be very honest. My phone got disconnected. I had to forget to pay the bill or something happened and I didn't pay the bill. And for a couple days I had, you know, because this company, when they cut your phone you used to end up with data. So you still have data. [00:01:27] Speaker C: Okay. [00:01:27] Speaker B: And incoming calls. [00:01:28] Speaker C: Okay. [00:01:29] Speaker B: Now when your phone got suspended for non payment after five days of your bill date. [00:01:34] Speaker C: Yeah. [00:01:34] Speaker B: You have no data and no, and, and no, no outgoing but you could receive. [00:01:40] Speaker C: Okay. [00:01:40] Speaker B: Okay for another five days or so. [00:01:42] Speaker C: Yeah. [00:01:42] Speaker B: So if I'm in a WI fi zone, I pick up outside of that is nothing. And I'm so accustomed being on the phone speaking to somebody dealing with some issue. You know, I am going about my business and I felt like I was detoxed, you know. [00:01:57] Speaker C: No, honestly, the amount that we rely on our phones is a bit much to be quite honest. [00:02:02] Speaker B: You forget your phone home, you feel naked, much as if you left. If you leave it unlocked on your desk and you walk away, you feel like your whole life exposed to people because everything that you do anything about it is just a device in a really and truly. [00:02:18] Speaker C: Like recently I decided that I want one day for the week where I kinda. [00:02:24] Speaker B: Which day is that on Saturday Detach. [00:02:27] Speaker C: But I still like, you know, if. [00:02:28] Speaker B: And police lock you up on Saturday. [00:02:32] Speaker C: But if police lock you up on Saturday, you're going to court Monday and [00:02:36] Speaker B: police station in the Chat no one time. Okay. Gas station something could happen. [00:02:40] Speaker C: But, but yeah, but even with that I think because it really is. I mean especially within this profession, you're dealing with people. You're not just dealing with people every day dealing with the people's problem. People only come to you when they in a hard position. Sometimes it would be. [00:02:58] Speaker B: Yeah, I wasn't coming to you with a hard position. I was just trying to test to see if I would get you just in case police hold me and I say call my colleague, call my co host, please. [00:03:06] Speaker A: You know what? [00:03:06] Speaker C: Even if you don't get onto me, you had to tell the police that I am your attorney and to call me one time. [00:03:12] Speaker B: Yeah, but if I call you one time I can't get you how the police will get you. [00:03:16] Speaker C: Boy, if I see. If I see the TTPS call and I know it's something also you have [00:03:21] Speaker B: every police station save on your phone. [00:03:23] Speaker C: No. Well, they kind of all call from one thing and it's like different extensions that go to different stations. Yeah. [00:03:30] Speaker A: Really? [00:03:30] Speaker B: I didn't know. [00:03:31] Speaker C: I do have like you know like officers who you interact with a lot. I do have their contacts as well because it has certain units that you're, you know. Okay, they're doing a lot. Yeah, they're not doing a lot but they have a lot of work to do. [00:03:45] Speaker B: A lot. [00:03:45] Speaker C: A lot of work. [00:03:46] Speaker B: All right. 22 minutes after the hour of 7 o' clock live broadcast this morning as we get into another episode of justice speaking about the constitutional law as it relates to the SOE this morning. Somebody is calling. Let me see. Hello, Good morning. Good morning. [00:04:02] Speaker A: Morning. [00:04:03] Speaker B: Good morning. [00:04:04] Speaker A: Calling from yes, and good morning to the lady. [00:04:08] Speaker C: Good morning. [00:04:09] Speaker A: I apologize. I apologize. I had an incident last month. I did call and highlighted any radio but here what's going on? If the investigator, the police investigator she gave me a run a wrong way because listen the person shocked my uncle close to attempted mother close attempting the doctor say 1 millimeter again by next done. Right. We make statement everything to the station and no nothing happened these past a month. I. I don't know if they attend the car advisor what to do. [00:04:47] Speaker B: Okay. [00:04:48] Speaker C: Yeah. I feel like that is a very specific situation and it deals with the police as opposed to defense. But in situations like that where you feel as though the police aren't doing what they should do. You could possibly make a complaint to PCA and they could always follow up if you made the report to let me say like a police council. But you could possibly go into decision and Ask to speak to the officer in charge or somebody higher up and let them know, well, they, they made this report, but at the same time, they possibly are conducting investigations still because they would, they would obtain statements from you. They would also need to obtain statements from, I guess, different persons who may have witnessed the incident. They would then have to arrest whoever the suspect is and take statements from that person and then decide, well, send the file and then decide whether or not they're going to charge. So it may just be that they following the process. But if you feel as though time is passing and nothing is being done at all, you could possibly make a complaint to PC and then, well, your first order of business would be to go and speak to one of the officers in charge or one of the higher officers within the police station. [00:05:56] Speaker B: All right, so with that being said, now I have a question coming from someone that I have to ask you. And I did promise that on the show we would talk about it. So let me get right to it. This gentleman purchased a car at a car dealership, one of them Roll and Roloff companies. He was given a number and say, call this number. This is the owner. To get the car transferred, $35,000 was paid. Tida keys handed over, gone with the vehicle, called the person. Once they was able to get them to make the arrangements. After that they couldn't get the person. Whatever happened, nothing. So maybe two years or a year and something passed. Two years. The person, you had a car, you buy a car, you have a receipt. [00:06:49] Speaker C: Yeah. [00:06:49] Speaker B: And you drive in your car, but now you get insurance and you. You functioning. [00:06:53] Speaker C: So where did the person did get the vehicle? [00:06:56] Speaker B: Yeah, they bought it by the roll on, roll off. [00:06:58] Speaker C: And they got it from the person who. [00:07:01] Speaker B: No, the, the vehicles on the lot, they went to see it. They like it, they buy it. [00:07:05] Speaker C: Okay, okay. But it, it was registered to somebody else. Okay. [00:07:09] Speaker B: And I mean, I sold a vehicle to a company, but I'll get to that. So the person gone, two years later, they're driving up and down here one evening recently. They notice a vehicle circle in the area or passing and watching them, watching in the yard, city car seat watching them. They're not this Hilux passing. They don't know they're not in anything. You know, they're not on anybody's radar, criminal or otherwise. So why is this. All right, food. Few days later, banging on the door. Bay Leaf. Bay Leaf. Accompanied by police officers and a wrecker. I don't know if it's a flatbed or a record day we're looking for the. With this vehicle. The driver, who's the owner? The man come out billiard mother day. Because the mother purchased the car for her son. Police said this is a stolen vehicle. This is. They was about to arrest the man, Right. But when they was able to produce a receipt saying that they purchased the vehicle from this dealership, this company. Well, they can't arrest the man, mind you. [00:08:23] Speaker C: There is a charge being in possession of a stolen item. Well, but if you could explain. [00:08:28] Speaker B: He had a tanky Lucky stars because you purchased a stolen item. The owner said they never gave. Well, according to what the bailiff explained, the owner of this vehicle was. I've been looking for this vehicle almost three years now, okay. And never gave permission for the vehicle to be sold. [00:08:44] Speaker C: Okay. [00:08:45] Speaker B: So the mom said, well, look, I was with my son. We bought this vehicle by so and so. Look the receipt. Look the date, look the stamp. We paid this money cash and we buy the car. We get a number to call. We call it once we got through and after, we was never able to get anybody. Police say, well, we had to take the car. It will be at the police station. And you, you know, okay, we had to investigate this. So they're going with the man car. And when he contacted the person, the company that they bought it from, the Rollon Roloff Company, the company said, well, what. What craziness is this? I want to look into it. I would let my lawyers look into this. Why use the term so what happens in a case legally like that? Is that a. Isn't the police supposed to go to that rule on. Rule of establishment to see where you got this car from, that you was able to sell it legally in a document and pass it to somebody else? What happens there? Because what I was told is that. And this happened, this was told to me last week and I promise in justice we will discuss it. I'll get the advice of you on air. So the guys in the station, they're not hearing from the police. They got onto the roll on Roloff Co. That they bought it from. And the person said they had to look into it. When they called back, look, I'll get my attorneys to look into this. The police have the car. They tell you the car is stolen. [00:10:00] Speaker C: Yeah. [00:10:00] Speaker B: What. What is going on in this country, girl? What's that? [00:10:04] Speaker C: Funny enough, this happens a lot in Trinidad. That actually isn't the first time that I heard a scenario like that, to be quite honest. Yeah, to be quite honest, this happens a lot in that situation. I Want to say, this isn't legal advice. This is. Because this is a very specific situation. So if you want proper legal advice, you might need to sit down and we have a conversation about everything. Because at one point he said that he got the number of the person who actually owns the vehicle from the company. He tried to contact that person. [00:10:35] Speaker B: Yes, they got onto the person. And so initially. [00:10:38] Speaker C: Okay, and is it the same person who is now saying that the vehicle is stolen or is somebody else? [00:10:42] Speaker B: They don't know. The man gave them a number and said, this is the owner of the vehicle call. [00:10:47] Speaker C: This person never tried to get the vehicle transferred? [00:10:50] Speaker B: Well, they tried. When they got the vehicle today, they went and they organized insurance. They called the number. They said, well, yeah, we purchased the vehicle from this company and we want to transfer it. They said, they call you, and they said, okay, we'll make arrangements. Whatever was told to them. And then they called back the number and was never able to get in touch with the person thereafter. [00:11:06] Speaker A: Right, right. [00:11:07] Speaker C: That's a first red flag. But in situations like that, right, that vehicle was in fact registered, or at least, yes, registered on the name of someone else. [00:11:16] Speaker A: Right. [00:11:17] Speaker C: So one time we dealt with a similar situation where an older individual, you know, he bought a vehicle from a dealership, and he never got the vehicle because the vehicle wasn't his or whatever that is. And the court looked at the fact that this was registered in the name of someone else. So, like, if you did your due diligence, you would have known that. So land is a bit stricter. But just to juxtapose it to that, say, for instance, you're buying a parcel of land, right? You can buy land, you pay money, whatever, and then afterwards you realize that the person who I bought this land from isn't the actual owner. You can't go to the court, and you can't monk that that scenario because what you call what the law says, you have to do your due diligence. You have to do your searches. So. And the thing is, every single if the land has a deed that's registered, so you should have done your checks to see if you were. If you were diligent, you would have done your checks, and you would have seen that this does not belong to the person who you bought it from. So it's kind of the same situation that you can then come and say, because you bought a vehicle from somebody who isn't even the owner, you should have. Like, those are things that you should have checked from the very beginning before [00:12:42] Speaker B: handing over the Money, Yeah. [00:12:43] Speaker C: There's a term that we call it not as slow slipping me at the point in time, but like. And they kind of said that you have is notice to the world. The fact that this is a registered summary, the fact that the deed would be registered in legal affairs and anybody could go and search and see who's the owner of the actual land. And the fact that this person, this vehicle would have an owner and that's registered in licensing and you could go and search and see who's the owner [00:13:05] Speaker B: of the land or the owner of the vehicle. [00:13:07] Speaker C: Of the vehicle, yeah. So then it's kind of noticed to the world that's like that phrase that we say. I noticed that everyone would know who's the actual owner of the vehicle. But I guess in this particular situation he might need to go towards the person who he bought the vehicle from, as in the dealership, if he wants some type of recourse because the vehicle isn't their own, based on what is happening now, is not declared as a stolen vehicle. So he could possibly go against them to say, well, we had an agreement for this vehicle and it didn't stand up. You told me you represented certain things to me and those representations turn out to be false. So you wouldn't necessarily be able to go towards the person who actually owned the vehicle. You might need to recover the money that you paid. If you paid $60,000 for that vehicle, you might need to go and try to recover the money from the dealership that sold you it based on the representations that they made. Because they made certain representations to you that turned out to be false. So they made misrepresentations. [00:14:06] Speaker B: So this is a civil matter. [00:14:08] Speaker C: Definitely. But the vehicle, the fact that the vehicle is stolen, the police would do their investigations to determine who should be arrested and charged. [00:14:16] Speaker B: Yeah. [00:14:16] Speaker C: Who should be arrested for charge. And to be quite honest, like persons are charged very often for being in possession of a stolen item. I don't know how they make that determination, but obviously you'd have to go to trial and that you, you would have to show. Because the authorities say that you would have to show that you had no knowledge at all that the vehicle was stolen. You know, but if the prosecution could show that. Well, I knew that this was something you still had in your possession even though you weren't the person who actually stole it, you could still possibly get charged for it, you know. Yeah. So there's two. Well, there's several charges, but you could be charged for lasting of a motor vehicle and then you could be charged for being in possession of a stolen item, which could be a vehicle or anything. [00:15:01] Speaker B: Anything. So, so, so the, these people should just allow the police to do their investigations on the matter. Be thankful that they didn't arrest you because he was able to produce documents to show that. And, and then what about the company? Remember, remember this is Andisa and Davies roll on, roll off or Roro Davian. Andisa's Roro. Yeah, we, we, somebody bring a vehicle, we buy it from them. There's another company that I sold a vehicle to someone and before we was able to transfer the vehicle, they sold it to this company. Right, this company sold the vehicle. The person called me because my number was there and they say I am the original owner. I said yes. And they say, well I want to pay for the transfers and stuff like that this week. I said no problem. Once you and I just had to show up and sign you do your thing. I have no problem releasing the vehicle because I already sold it to someone before and before we could have gotten to the transfer. But I am easy to get in touch with. I am not, I'm not dishonest with that. So if you call me, I'll go and transfer the vehicle once you paying? Yeah, I'm not paying the transfer. None. [00:16:04] Speaker C: Yeah, because we, we kind of, we are very lax with that in Trinidad where your vehicle will be sold several times and then later on you're going to see like the fourth owner from before who actually it is in their name to get a transfer. I remember the term, the term is caveat mtor, which means buyer be. [00:16:20] Speaker B: Caveat. [00:16:20] Speaker C: Caveat empty. [00:16:21] Speaker B: Caveat empty. [00:16:22] Speaker C: Yeah, it means let the buyer be away. And it essentially says that the principle that the buyer alone is responsible for checking the quality and suitability of goods before the purchase is made. So essentially you have the responsibility to do your checks to ensure that you know this land is something completely different. Land is way stricter which is why you would enter the agreement for sale and they would have this way waiting period and during that time your attorney have to do certain checks and check the title, root of title, etc, but it's very similar with that if a vehicle is registered in the name of somebody else registered and you could sim easily when you're making it, when you're making this purchase, you could easily go do a check in licensing to see who the vehicle is registered to and then. Yeah, and not only that, the, the roll on, roll off place told you that is registered in the name of somebody else. So like I Think the owners would have been on you to ensure that. That everything was before above board, before [00:17:18] Speaker B: I paid my money. Hello. Good morning. [00:17:20] Speaker A: A pleasant good morning, Davy. A pleasant good morning. Trinidad confused me a little bit. So let me clarify that. You mentioned Davy and Andissa and then you talk about buying a vehicle from someone. I thought roll on, roll off companies would be importing their vehicles and not buying vehicles from anybody. [00:17:40] Speaker B: Well, that's a waste of thought because. Because you have a roll on, roll off company, you can import vehicles or sell vehicles locally. You can buy and sell. [00:17:48] Speaker A: No, I thought that's a used car [00:17:49] Speaker B: dealer, but it's a used car. That's what I'm saying. You can buy and sell. [00:17:52] Speaker A: I, I thought all those rule on, roll on companies import. All right, they all. [00:17:57] Speaker B: Well, they do import, but that doesn't bar them from. [00:18:00] Speaker C: I know one or two who does both. [00:18:02] Speaker B: They don't. They do both. Yeah. They can buy local. You can sell them a car and transfer it and then they sell it back. [00:18:07] Speaker C: I don't want to call any of the. [00:18:09] Speaker B: That's why they call anybody. [00:18:10] Speaker A: But. [00:18:10] Speaker B: Go ahead. [00:18:11] Speaker A: Davis. I feel you were misled in the point you were making earlier where somebody bought this vehicle and then one day police officers and bailiffs came to seize the vehicle saying that the vehicle was a stolen vehicle. If it's a stolen vehicle, then the police can seize it. [00:18:31] Speaker B: But they did. [00:18:32] Speaker A: No, no, no, right there. They have no arm the portfolio there. So I think whoever told you that may have made an error or something that. Now if it is that a vehicle is sold to you and there's a mortgage on the vehicle, then whoever is holding, whichever company is holding the mortgage can employ a bailiff to seize it from you, even though you have received whatever it is, you buy it. So that I thought, you know, but [00:18:59] Speaker B: that is fact that, that I agree with you on that. [00:19:01] Speaker A: All right. [00:19:02] Speaker B: That's why banks do searches before issuing a check to anybody buying a secondhand car or used vehicle. Because, I mean, what Carney Central said is that if there's a mortgage attached to a particular financial institution, even though you buy the car cash and the person transfers it to you because you didn't do your searches. [00:19:21] Speaker C: Yeah, but I believe the point that he was also trying to make is that the bailiff would come to repossess the vehicle in instances, say for instance, if there's a mortgage and it wasn't right. But the police like two separate entities in two separate situations. I think that's what he's trying to. [00:19:37] Speaker B: So you're thinking that why would police show up? [00:19:40] Speaker C: Police would just show up. [00:19:41] Speaker B: You guys were thinking why come with a bail. Good point, good point. Hello, Good morning. So I believe I'm missing part of that story. Good morning. [00:19:47] Speaker C: Yeah. [00:19:48] Speaker B: All right. 625-2257 and 6273223. Good morning. [00:19:53] Speaker A: Morning. [00:19:54] Speaker B: Morning. [00:19:55] Speaker A: Morning. So just added to your point David, I'm warning to you, sorry, my co [00:20:01] Speaker B: host [00:20:04] Speaker A: just had to say a point. Recently I was in the market to purchase a secondhand vehicle and I been looking, looking and I check at least 20 something vehicles and none of those vehicles were on on the name of the seller. Every person you check they say well I have contacted the owner. I have contacted you owner, look the number for the owner and I keep telling people well I want to do my business straight so I want to transfer in L. Right I want to go like north as one time we transfer it by purchasing and all of them saying well you have to contact the owner. You have to contact the owner. And I think it's a really bad practice and I, I wish the government to the authorities do something about it. They because so we have a number of people that on the road right now that not properly transferred. So if something happens, you get an accident. Well I have no idea how you're going to resolve that. [00:21:03] Speaker B: Of course you can resolve it. You getting in an accident. The vehicle is insured because I, I had vehicles in my possession where I purchased and we didn't transfer at the point in time we eventually transferred it but I was able to get insurance. [00:21:18] Speaker A: Right. [00:21:18] Speaker C: Maybe that could be the it should be changed so that only if the vehicle is on your name that you'd be able to get the insurance fit. [00:21:26] Speaker A: Well and what about if the vehicle is using commission of a crime, right? The registered owner could say well I told the vehicle. [00:21:37] Speaker B: Well the registered owner can say he sold the vehicle because if I am selling you my car, right I am getting a receipt book with a duplicate with your signature. I sold you the I would have your ID information I would have everything on you, right? If you give the vehicle. If before we get a transfer the car, the car was was seen in a crime scene or some crime happened involving the vehicle and police call me and say well when they do the searches on the car it's Davey Marie car at so and so and so Tabakit and they pull up in front of my place and they say well this and they come and they detain me because for questioning your. Is this your vehicle? Yeah, well I sold the vehicle. At the end of the day, there's a thing in law called an alibi. And if you're saying that I committed a crime with this vehicle at this time, and I'm saying I was not there because that vehicle was sold a year ago or six months ago, and the person didn't come and transfer any time, then where were you at that time? I was like this morning. If they say I committed a crime this morning with a vehicle, how you could prove that? Because I'm here. There's witnesses to collaborate, to corroborate where I was at the time you said this crime went down. So even if the vehicle was. They get the vehicle in commission of some crime being done and they come to you, the registered owner, and say it's you, it wasn't me. It's like getting a ticket. If I wasn't driving the car, the time any ticket come. And that is why the merit point system under the PNM government was a bit draconian, because you're saying that the registered owner vehicle is flagged if the ticket isn't paid, and that is unfair. Flag the driver. Because when you stop somebody, whether the vehicle is registered in the name of the insurance, once the vehicle is insured and the person have the authority to drive it, you take their permit, their driver's license and you get the information. Flag that. The. Flag the car. And that was happening then, thank you very much, Andisa. But that was what was happening. [00:23:36] Speaker C: Yeah, but I think I. So in Trinidad is very. It is very loose. As I said, that isn't a unique situation. It happens a lot in Trinidad and I think, and beyond the government taking measures to, you know, protect buyers, I feel as though buyers need to also be a bit more cautious when making these purchases. If someone tells you that I have a vehicle to sell and the vehicle isn't registered in my name, it is registered in the name of someone else and they give me the number. At the very least, you'd want to see the person on the day that you're making the wages because you're handing over money. And then later on you'd be able to explain what happened. You might be able to go to court and take that person to court to get your money back and things like that. But that going to take a significant amount of time and run around that you could easily avoid by doing your due diligence from the very beginning. So if it's a situation where, you know, it happens persons, it isn't always a situation where the person selling is the actual person who's registered owner. Okay, sure. When you make. When you're handing over your hard earned money, at least get the person there so that you can make arrangements that. Okay, we're going on in licensing on this day to make the transfer, etc. [00:24:48] Speaker B: Good day to you both. I'm a bailiff and I pay for police for their services for breach of peace. Sometimes we don't know the person's reaction when we go to repossess. The police does not seize the vehicle. The bailiff does. So what I'm asking, if police tracking a vehicle, they get a thing and they end up realizing there's a stolen vehicle. They get the number plate, they lock on, they realize that vehicle is stolen. Do they need to then call a bay leaf to go and get that car? Or is it that the police could take possession of that car? [00:25:20] Speaker C: I think the police could take possession of it. So that's. I still think it's two separate situations. The alf could, you know, in some circumstances ask the police to assist them in season or impounding the item. Sure. But if a police, they didn't come and say that this vehicle wasn't paid [00:25:34] Speaker B: for whatever they said the vehicle is a stolen vehicle, a stolen item. So the bailiff says, yes, I solicit police to do their work with me because of that. [00:25:45] Speaker A: Yes. [00:25:46] Speaker B: Good day, Davy. Good day. [00:25:47] Speaker A: And. [00:25:47] Speaker B: And Andisa, I was involved in an accident some years ago. [00:25:53] Speaker A: Right. Wait. [00:25:54] Speaker B: Someone hit me from my vehicle from behind. [00:25:57] Speaker A: Right. [00:25:57] Speaker B: So therefore, that person was wrong. They went to the police station, they produced valid insurance. [00:26:04] Speaker A: Hunting. Right. [00:26:05] Speaker B: And you know, when I submit my claim to their insurance, I was told that the person whose name was on the insurance sold the vehicle to whoever. [00:26:20] Speaker A: Right. [00:26:21] Speaker B: And the insurance was never canceled. [00:26:25] Speaker A: All right. [00:26:26] Speaker B: So like, the person gave the person the insurance to walk it, to drive [00:26:33] Speaker A: now, to drive around hunting. Right. [00:26:35] Speaker B: And the other party did not get any insurance. [00:26:39] Speaker A: Right. [00:26:39] Speaker B: And I could not get no. No compensation there. You know, so, you know, that is. That is a big problem there. And a lot of people end up in circumstances like that. Larry, I feel like me, your story missing. You're like a bee when this thing, the thorax come out. Yeah. Some of that story missing because that story making no sense. Because if it is, I am driving a car and I'm driving Andesa's car. Andisa's car is insured with newspaper insurance company. Newspaper insurance company tells Andisa, anyone driving for more than 2 years over the age of 25 with your authorization can use the car, that person is insured. And I take Andesa's car and I go on driving and I get into an accident. Somebody bonks me. As you said, somebody bonks me from behind. We make a report in the station. It is determined that the person who hit from behind. Based on the investigations, they're wrong. They may have said, police determine you are wrong. They put it on the code. They send the insurance company realize, okay, so newspaper insurance company realized that billboard company wrong. Billboard insurers wrong. Oh, you have to fix the car. The car is insured. So when they send the information whether you was driving and your name not in the insurance, you are authorized to drive. Andesa gave you permission, you fit the criteria. You are over age of 25. And you do have a driver's license that is active and valid for more than two years. So you would be compensated whether the vehicle is sold or not. Once the vehicle is insured, that's it. Good morning, baby. [00:28:25] Speaker A: That insurance company clearly, because listen, every vehicle the person was driving it on wasn't insured. I drive it. He could sue the person and the [00:28:38] Speaker B: vehicle insure all you have to go [00:28:39] Speaker A: to the other man any 20 hours and it will guide him that insurance given them. I run around. Thank you. [00:28:51] Speaker B: Getting a different slanted story here now. [00:28:53] Speaker C: Yeah, that's why. That is exactly why I always say before I say anything on air that you have to see sit with the [00:29:00] Speaker B: person and actually the person are getting with the person leased the vehicle and somebody has sold it. [00:29:07] Speaker A: Right. [00:29:08] Speaker B: But then the person who you lease it to and they sold the vehicle, the police had to hold that person had to be arrested. Because if you lend me your vehicle, do I have authorization to sell your car? [00:29:21] Speaker C: Exactly. [00:29:21] Speaker B: And if I sell your car, some donkey come and buy it because they believe, okay, I have a company and you lease the car to me. You lend me the car because you're going away and I sell your car. [00:29:32] Speaker C: But why would somebody just lease a vehicle to a roll on, roll off? [00:29:36] Speaker B: Well, I don't know. This story just not making sense. I trying to pick sense out of it. Hello, good morning. [00:29:42] Speaker A: Good morning, man. Good, good, good show. With your host here. What happened? The police stolen speaker week there full stone vehicle police. They must do either with concern to without consent to go on a master to maintain law and order. But that's a different thing. A stone vehicles operation. They will take the rest. They will take the vehicle, they will lock up the person and that's it. There's two separating there. [00:30:13] Speaker B: That's what I'm saying I don't listen to this story. Let me hear this voice. [00:30:18] Speaker A: Hi, good morning brother David. The guy talked about he got bounced from behind and the insurance wasn't any guy name and he gave him the insurance to work and he couldn't get compensation. Can't he not take him to court as a civil matter because he still mouses because need to be repaired. Is there a way that that guy could. Kai, sometimes that. That happened to me a while back too. But the thing is I. I failed to report to the police and was a minor thing. Any person said it would fix and then fix. And I talked to a police guy and he said no because you didn't make a report. I can't take them to court or anything to get compensation. But is there a way to go to court with that? [00:31:02] Speaker C: Yeah, you possibly can. So that's why the first thing when a accident occurs they tell you to go make a reporter decision and if the person you're done. So I mean generally if the vehicle is insured, you have authorization. You're over the age of 25. It should also cover you. But it depends on the very specific situation that occurred with that particular individual. Maybe the person who was driving at the time was under the age of 25. Maybe he didn't have the authorization of the owner of the vehicle and so that possibly led to the decision of the insurance company. You then go on. I would send him a reaction protocol letter directly because I did in fact was. I was in fact in an accident. I have the report from the police to show I. I went to Massey or whoever the case may be and they told me that it will cost this amount to fix my vehicle and that's what I want. So yeah, I think that you could go towards the person directly. Why not? [00:31:57] Speaker B: All right, let me hear what Phoenix want to tell me this morning. [00:32:00] Speaker A: Mari, good morning to you and sir. All right. Let's say you buy a car from a used car dealer. Not a foreign user, a used car dealer within the purchase they give you the number to contact the person whose name the vehicle is on. When you call the number now you get to realize that the person has left the country. You get a number for the person wherever out of the country there and you call them and they refusing to transfer the vehicle. Now what. What could happen there? What. What procedure is supposed to take place? [00:32:33] Speaker C: I. My position remains the same. [00:32:35] Speaker B: Be too lax. Do you do your due diligence? [00:32:39] Speaker C: You have to do your due diligence. It's incumbent upon you it would, I mean just beyond everything else, just basic thinking about would avoid all the unnecessary headache that will occur afterwards. And as I said, if this vehicle is registered in the name of somebody, the same how if a land is registered in legal affairs and you could go and do a search and see who it is in the name of, then you should, you should take steps to ensure that before handing over your hard earned money to whoever that all the ducks in a row before that is done that that remains my position. [00:33:14] Speaker B: One belief is saying stolen vehicles are police matters. They do not need bailiff seize. This is a bailiff speaking to me here. However, we did attempt to seize a vehicle in the presence of police. We do come across tempered tampered chassis numbers, etc, making it a police case. Although I'm not allowed to seize the cars. But some investigation takes precedence. So I guess what this bailiff is saying. A bailiff? Police don't need a bailiff to take a stole. A vehicle that is deemed stolen. The police takes possession. That's a criminal offense. Now they don't need a bailiff. Bailiff comes in when it's civil. So the bank, the credit union, the mortgage, the mortgage company is not receiving payments. They then say listen, in six months I can't find this. We need to take that vehicle. And they solicit the service of bailiffs who then when they do the investigations, they find out where the vehicle is. Depending on what they would have seen over a few days looking, they can determine and ascertain this could be a hostile situation. And legally police do accompany them. [00:34:22] Speaker C: Yeah. [00:34:23] Speaker B: In the retrieval and repossession of. Of goods not being paid for. [00:34:29] Speaker C: Yeah. Yeah. [00:34:30] Speaker B: Let me be clear. All right, let's take this call quickly. We have the news coming up and Lisa will stay with us for 15 minutes in the new York morning. [00:34:37] Speaker A: All right, so regarding it, the person who was wrong bought a vehicle and was given the insurance from the previous owner. The insurance would not honor that claim because of the fact that the vehicle was. [00:34:54] Speaker B: The vehicle was what? The vehicle was. Wait, what? What he said the voice. [00:35:00] Speaker A: No sir, that said he. Why? [00:35:03] Speaker B: Why would the insurance not on it? Because the vehicle was sold. [00:35:06] Speaker A: The vehicle was sold. [00:35:08] Speaker B: No, no, no, no, no, no, no, no, no. Even if the vehicle. Even if they don't want to. Even if they don't want to honor. Because the vehicle was sold, the vehicle is still insured. The insurance company had nothing to do with the sale of a vehicle once that these vehicle is still insured. That's why if police discovered okay, so you now buy this car. Yes, just a few days ago. The person leaves the insurance in the car to give you time to get it transferred and get insurance. The vehicle is still insured. We miss any point. [00:35:36] Speaker A: No, no, no, no. That is wrong. [00:35:38] Speaker B: We'll get it. [00:35:38] Speaker A: That is wrong. [00:35:39] Speaker B: We'll get it. [00:35:41] Speaker A: Transfer vehicle. There's a section to pull out for the insurance. You must prove to the authorities that the new owner has insurance for the vehicle. [00:35:52] Speaker B: Got it? But what I'm saying. [00:35:54] Speaker A: Give you insurance, his insurance at the time of sale. That is wrong. [00:35:58] Speaker B: Yes, but you see, yes, I sell any car, but you still have my permission to drive it. And this is where we come in with the law. [00:36:07] Speaker A: This is where the gray area. [00:36:09] Speaker B: And this is that a gray area. [00:36:11] Speaker A: That is a gray area. [00:36:12] Speaker C: I think what you're trying to say is whether. [00:36:15] Speaker A: And I have a receipt as purchasing a vehicle. The gray area exists where the seller cannot authorize me to use his insurance for the purpose of insurance. But what if. [00:36:29] Speaker B: But what if the seller says, go ahead, I will cancel the insurance in a week time. Go ahead. And in that week, something happens again. It's still authorization by the registered owner. And this is the point. [00:36:45] Speaker A: This is. These are the issues you're going to end up in. [00:36:49] Speaker B: No, I'm not saying it wouldn't be an issue, but I do not believe it's not a. It's an unsolvable issue. Andy. Sir? Do some research. We'll take a break. Yeah, because something about that not sitting well with me on that issue with. With what he said, because if I sell you the car, you still have my permission to drive it, right? You pay me the money. Yes, but you still have my permission. You didn't steal it. It's still insured. The police will stop the vehicle and realize, okay, the vehicle is insured. That's the bottom line. You didn't break a law. So Cravat. Whatever you tell me just now. Anyhow, we had to dig deeper into this. This is something that. Hey, anyway, you're tuned into the all new freedom 106.5. 106.5. Your Worship Andisa. This is a gray area. And I feel we had to get an insurance agent. But the thing about it is one texter says that Davey, if you. If you buy the car, you buy the car. You don't need the person's permission to drive the car. You purchase the car, it's yours. You buy it. You have the money. Money, you're gone. So that might be true, but here's the thing andisa that bothering me. I just buy this car from you and I'm driving up the highway you. And I said, well, is. Hey, what going on? We will meet next week, Monday and transfer the vehicle. [00:38:17] Speaker A: All right? [00:38:18] Speaker B: Today is Friday. We'll meet next week, Monday, and we'll do the transfer. Right. So I'll let in here, drive the vehicle with my insurance. Until then, we'll go down and we'll sort it out. Police have a roadblock on Saturday. I go in maracas with the car and they. They drivers, your driver's license and insurance, please. We're doing a routine check. They walk around the vehicle. Sticker is on everything good to take the insurance. The insurance is a valid insurance. They take the license. The license is valid. Okay, proceed. They have. It had nothing to do with. Because the vehicle is insured. The police is satisfied. The licensing authority, license officers, traffic wardens, you have complied with the law. Your driver's license isn't suspended, it's valid. It's active. And you are driving a vehicle that is currently insured. Valid insurance. So if as you drive off the roadblock, bam, you hit somebody or somebody hits you, you end up in a fender bender, a little bouncy dent, an accident. Police goes to the station. You go to the station, make a report. Police say you could come with your driving particulars. You produce an insurance certificate, you produce your permit and you state the circumstances about the accident. This have nothing to do with you bought the car or sold the car. This vehicle still has valid insurance and the owner, the registered owner on the insurance certificate gave permission to. Because when I gave you the car and I sell you the car, while you're saying I don't. You don't need my permission to drive it. The fact that I sold you the car and kept the insurance running and told you on Monday we will do the transfer. So I know it's kind of late. I can't get insurance on Monday morning. We'll organize. And we said, okay, a gentleman's agreement was had. Insurance have to honor a claim. [00:40:19] Speaker C: Yeah. So insurance. I feel as though you need a insurance agent to clarify. But what I would say is this. First of all, they say the registered owner. Owner on the insurance, he's no longer the registered owner because the vehicle was transferred to somebody else. No, they sold the vehicle. [00:40:37] Speaker B: The vehicle and transfer yet. [00:40:39] Speaker C: Right. [00:40:39] Speaker B: Registered owner. You still on the vehicle? [00:40:44] Speaker C: It wasn't officially transferred. [00:40:46] Speaker B: We agreed. Today's Friday. But you busy. I busy. I like the car. I paid your friend. Look, you see we both agreed that on Monday, next week, Monday we will visit license office. We also agreed. [00:41:01] Speaker C: Is that what happened? That's where it's just like a week later that it happened or is it that this person. I mean insurance is only valid for [00:41:08] Speaker B: a year, so it can't be more than a year. [00:41:10] Speaker C: But at the same time, like is it. And then authorization, I'm sorry, certain that the insurance company may have certain, you know, guidelines as it relates to what the authorization could be. So it could just be that, you know, I give this person the vehicle and then they could just sell it to somebody else and authorize that person to like they. I'm certain that they would have some type of requirement on what the authorization could be. Because the whole point of view of the insurance company insurance this vehicle in your name is. Is to ensure that if something happens, you showed me that you already registered owner, you are going to be driving this vehicle. No, no, I'm certain that an insurance company who doesn't want to pay off insurance claims every year because we know how insurance company goes. I'm certain that they would have very. Not strict guidelines, but they would have certain policies internally. I'm very certain about that as it relates to what the authorization would be that you could give. [00:42:04] Speaker B: So the authorization I have never remember on your insurance policy they. They already tell you what the authorization policy is when they issue the certificate. You, who is, who is authorized to drive this car insured by, you know, [00:42:19] Speaker C: you could go into the insurance company and. And persons could be listed as an authorized driver and that person could be given a letter to say so if, if that was their thing, then I could have the person could have going into the insurance company. And I listen, I am someone who I before I bought my vehicle, I bought my vehicle, a vehicle that my mother was the, you know, co signed with me and she obviously would have been the person who driving way longer than me or whatever the case may be. And what we do, we get an authorization letter. So if it was. That was the arrangement that you have, then the person could have gone. Gone into their insurance company and say well, this person is an authorized driver for whatever period. [00:42:58] Speaker B: That's different. That is different. Let me explain to you the difference so that I know you're talking about if you're under the age or you don't fit the requirement that these. That, that. [00:43:06] Speaker C: No, that's not. I'm talking generally even if you're over the age. Even if you're over the age. If it's you and your Husband. And your husband mighty vegan. Your husband want you to drive the vehicle. He could go in the insurance company and say, hey, my wife is an authorized driver. [00:43:19] Speaker B: Yeah, but any. But the policy. [00:43:21] Speaker C: Because I am an authorized driver in all the vehicles in our yard. But even though I have. Even though I'm not the. [00:43:27] Speaker B: But the policy gives you authorization if you're over 25. 5 and driving. [00:43:34] Speaker C: The person was over 25. So that's why I said initially, we don't know if that situation occurred when the person doesn't qualify for the authorization. But I'm also saying I'm certain an insurance company whose main goal. Well, I'm gonna say is the main goal. I mean, don't knock the insurance companies, but we know they aren't too keen to just pay persons every time, you know, that's not what they wanted. You actually your policy, sometimes your premium goes up if you get an accident like they try to stop persons. [00:44:05] Speaker B: You're fair enough now. [00:44:06] Speaker C: No, I'm not. What I'm saying is I'm certain that within their organization they would have guidelines on what the authorization would be. It can't be that you're just selling a vehicle and you're just authorizing all. I'm certain that a vehicle is sold and that that is authorization. [00:44:23] Speaker B: All right, let me, let me, let me, let me, let me simplify it. [00:44:27] Speaker C: I feel as though I understand exactly what you're saying, but let me hear your simplification. I don't think it's a matter of. I'm not understanding. I'm just saying I'm certain that the insurance company, like within their own thing when they do their checks or whatever, because you could go on, you could, you could report that to accidents occurred. I mean, I never had two. And then they do their own internal investigation, whatever the case may be, and they let you know. And if they had to go against the other insurance company, they go against the other insurance insurance company. But I'm certain within the. Within the insurance company, they have their guidelines. Because at one point in time I worked for a government company and if something occurred, like say for instance, somebody vehicle was, you know, damaged by one of the. The workers, what they would do, they would ask us for report and they would ask for certain things. So I'm certain within the organization they have their guidelines. [00:45:18] Speaker B: Okay. [00:45:19] Speaker C: Which is why they made that decision. So that's why I say, I feel as though somebody who is that story. [00:45:24] Speaker B: We heard that story. We heard something missing again. [00:45:27] Speaker C: But that's literally what I'm saying something missing. [00:45:30] Speaker A: But. But what? I. [00:45:31] Speaker C: No, listen, I'm saying something is missing on. [00:45:33] Speaker B: I am talking from experience, right? I. This happened. So if it is you take possession of my car via a sale and they say you bought my car. And I say to you very simple. The policy, when I took out my insurance policy there. There's types of policy where they could say you could actually do a name driver. There are some policies where only the insured name on the certified. On the. On the insurance alone is allowed. And then if you want somebody else, you have to add it. And then there's some insurance where they tell you 25 and over or driving and driving for more than two years. So if you. If that person's. And I know thinking back, if that person insurance had stipulated only the certified driver is covered. There's some insurance like that. So when you go to residence and you just get less money, it's paying less payments be a little lower because only you alone driving. So the risk is more or less less as far as the insurance company concerned. Let me finish, let me finish, let me finish. It happened with a neighbor. The neighbor went and went to insure his car. He said to me, the broker told him, listen, your insurance premium could be a little high, but if you wanted to drop, if you wanted to get a little discounted to come down because you don't have any records on your name any accidents within the last 10 years or 5 years or something. So the broker told him you could, you could do the insurance policy with your name only. So you alone could drive this. There's nobody else, no matter how long they're driving. It will state who is authorized to drive this vehicle Only insured only on the policy. I saw it insured only so and so name. [00:47:16] Speaker C: No. Yeah, so they definitely have different types of insurance. [00:47:19] Speaker B: So there are different types of. So with that. Now if I had driven his car and got into an accident, there is no coverage because the owner, even if he gave me permission, he don't have the authority. He has already relinquished the authority to give me permission because when he took out the insurance, he put insured only and he signed to that. If police stop me on the road, check the insurance and check me. I am not the. I am not insured to. To drive. I am then driving without insurance. It happened. So the thing I'm saying the policy, the policy, the insurance have nothing to do with who buy and sell the car because we can make them things privately. Once the vehicle is insured, it is incumbent upon the Owner who sold the vehicle to say yo, what's going on? I want my insurer and call the insurance company and cancel it or suspend it or put it on another vehicle to continue the year is up to that person. But if you sold the car and you decide listen, I would the insurance of about two months again, I'd let it run with you. And after that you'll have to get your own insurance. I run the risk that if you get in an accident that my name go jump up because that claim will come against against my policy. That's me. I take that risk. But to say that the vehicle itself is not insured unless the policy stipulates ensured only like you had to go on and then you add a next name. [00:48:44] Speaker C: So even in the policy that I'm talking about is that that's a policy that only is limited to persons. Is that a general thing? But just to be sure, I made a decision to ensure that I have I am listed as the authorized owner. What I'm trying to say is I completely understand that there are different insurance policies that doesn't different things. They are premium, fully comprehensive. They are third party. Whatever the case may be. It could restrict who can, who can't, whatever the case may be. But what I'm saying is an insurance company, they you come to them, you say that I'm the owner of this vehicle, I have the certified copy, whatever the case may be. And they say well, okay, persons over the age of 25 and who driving for two years or whatever. The first thing we had to figure out when that's the situation with the man is whether that person who's driving the vehicle was even over the age of 25. Because if it's somebody who you just pay to, you know, run taxi, whatever the case may be. But the authorization would be okay, you as the owner, you're authorizing somebody else. But if it's a situation where. And maybe just because in Trinidad, I'm thinking maybe we too lax and we just allow these things to happen. But I'm certain that within the insurance company there will be guidelines. So if you come and you tell me well I bought this vehicle, whatever the case may be there it would definitely raise red flags and they would do their own thing. I'm certain that they are guidelines within the insurance company. [00:50:03] Speaker B: Okay, Guidelines, okay. [00:50:06] Speaker C: To determine how they're going to pay [00:50:08] Speaker B: out any the insurance would look for any reason to not pay. [00:50:12] Speaker A: Exactly. [00:50:12] Speaker C: That's what, that's what I'm getting is [00:50:14] Speaker B: that I am saying is that when you, when I take out the insurance I have. There are various different types. You have, you have third party. I feel that covers. [00:50:23] Speaker C: We are on the same page as it relates to that. We are, we have no misunderstanding as relation. [00:50:28] Speaker B: We do not. [00:50:29] Speaker C: But what I'm saying is when you go and you report that accident occurs and the insurance company is now doing the investigation to determine if I want to pay off this money to this person because remember, insurance companies don't like to pay out monies. They don't as they don't. They don't want to pay money. They would say even if they would. They would want to see. They would ask for the report to see who was actually in the wrong to say well it's not us to pay, is the other person to pay whatever the case may be. So I'm saying certain that if somebody goes to them and says hey, this insurer, you guys give this insurance to X. He said that he was a certified owner, he was read whatever, he had a certified copy, he registered in licensing whatever the case may be. He and you guys gave him insurance. But I'm coming to say, well I bought this vehicle from this man, I just piggybacking off off of his insurance company. I'm certain that that would raise a red flag within them and whatever guidelines they have would. Then they would say well no, we can't pay off that because this person didn't. I'm certain that there's some type of guideline within the insurance company. [00:51:27] Speaker B: Okay, well then you got to tell your at whatever guidelines you have, it had to reach a legal threshold. And if it's not legal, what Let me. [00:51:38] Speaker C: Illegal. [00:51:38] Speaker B: All right, all right, all right, let me explain, let me see. So what you are saying, right, that I have guidelines that protecting my companies, quote, unquote. I have guidelines, but still you are driving a vehicle that is insured by me. The vehicle, the insurance policy was never cancelled. It's still insured. [00:52:00] Speaker C: Driving a vehicle as insured by. [00:52:02] Speaker B: Did you steal it? [00:52:03] Speaker A: No. [00:52:03] Speaker C: The vehicle is insured. Yes. And it says that we could have an authorized driver. We're assuming that it can't have authorized driver. We also assuming that the person is, you know, it allows for persons over the age of 25 who has been driving for the two years. So let's make those assumptions because we're not certain about the driver is qualified at this point, but we're assuming that. Right? And then they now come and you know, report that the accident occurred and the person who was driving the vehicle at the time isn't the person who's listed as the registered owner on the insurance policy. And this person then comes and say well I bought this vehicle from this person however long ago. And so then they're going to say like there are certain the owner of the vehicle would have to give authorization to somebody to drive. You're no longer, you know, like that you aren't even the owner of the vehicle anymore. I'm sitting. There's some type of thing that they would then say could you even give authorization? Like could that person even give authorization to anyone? Because he isn't even the person. He isn't even the registered. Well, not registered anymore. [00:53:03] Speaker B: No, he still is it. I'll tell you why. I'll tell you why. You see, when it comes to the legal ram the legal legal part of it, you did not transfer that car. So legally you still responsible for that car. A license and authority have you as the legal owner. So that's where it comes in legal. So no matter whether we had a gentleman's that is considered a gentleman's agreement where money exchange and he using maka gentleman's agreement. And I will tell you why it's like you're renting my car, so you rent my car or your lease my vehicle for a year. But I had the eyes insured. You you lease the kind of. I say listen Andy sir, you could use this car for a year payment 6,000amonth. I put insurance in the car, you go on driving. I give you authorization, but you lease the car, you go on for a whole year you're driving. [00:53:44] Speaker C: I. But the only thing. So listen, I completely understand your position but what I'm saying is. And if what I am saying is if I was the attorney within the insurance company, I'd find a loophole. You would have to. You would have to. But anyhow, beyond that, I think if it's. If it's a situation where you know, the registered owner didn't really sell because he said it's at least to own. So he just leased it to the person and the person. The person driving it. So you know, he paying every month until he's actually. He actually pays off the money and then it would would be transferred to his name. Then I feel like if that's a. Didn't he say it was a lease to own arrangement? [00:54:21] Speaker B: Oh no, that's you the stolen one. The one where they. [00:54:23] Speaker C: No, I think that that's the same person said was at least. [00:54:26] Speaker B: I don't know, I lost his voice note. But something Was offered at. Is it illegal? The motor vehicles insurance third party at risk requires drivers to hold an active policy, specifically in their own relation to the vehicle. Operating with the previous owner's policy is considered driving uninsured. You see, you cannot authorize a buyer to use your personal motor insurance policy once you said once you have sold them the vehicle in Trinidad and Tobago auto insurance contracts and strictly non transferable. Once the vehicle ownership officially changes, your legal and financial stake in it ends. Meaning the policy must be cancelled and the buyer must secure their own insurance. Allowing a buyer to drive while using your old insurance creates a. No, here's the thing. [00:55:15] Speaker C: That. That's kind of summer. [00:55:17] Speaker B: No, it creates issues. [00:55:20] Speaker A: But. [00:55:22] Speaker C: But what? What would be the issues, David? [00:55:24] Speaker B: Tell me. Look, you have an issue now, but [00:55:26] Speaker C: the thing is the only issue that it could raise is that then you wouldn't be able to benefit from the insurance company from the insurance policy. That's the only issue. That's what I'm trying to say. [00:55:35] Speaker B: Then let me ask you something. [00:55:36] Speaker C: I'm certain. Actually, I'm not certain. [00:55:38] Speaker B: But if we. If you. [00:55:41] Speaker C: If. [00:55:41] Speaker B: If I. I sell you. I sell you my car, right? And we did not transfer the car. But you get my 10,000, I give you the car, I go on my way. We didn't transfer the car. Something and the police. Something happens and the police ask who is the owner of this car? And you say you. And then they come, okay, so you bought the car, so you own the car. But who is the registered owner? Is it you? No, it's still me. I am still the registered legal owner. Despite I had a gentleman's agreement meaning I take your money and get a car. We never leave. So on the legal books of this country, I still responsible for it. That's why my name's still jumping up. Because if it was simply I sold you the car, then I wouldn't need to transfer. A receipt would be suffice. The fact that I have to go and legally remove my name from it. [00:56:34] Speaker A: It. [00:56:34] Speaker B: That means we had a gentleman's agreement. That is the. That was the point I'm making. I am why my name calling. If I sell you the car and something happened, you still want a registered owner. So I am still legally tied to this vehicle by the laws of the land. I am legally the. The licensing authority have my name as the legal owner. So even if you say you buy it, pal, it. He's still the owner. Because I could come back and say I never sell you nothing. And you have to fight up to Prove I did all that could happen. So if it was so easy to say, well, you now buy the car. So then you is the new owner. That's hocus pocus. Because when you go down to the law, who is the registered owner, he still is. And if I say I never sell any car and you have no camera footage, no video footage, you have nothing to show that I sell, I can see a fraud, you make up a receipt, I don't know where you get at. You make up that you referred you, you forge my signature, I could come out and then that vehicle is now stolen, on your tail, up a gumtree because police arresting you. So you know how to go and defend yourself to prove beyond the shadow of a dog that I sold you the car. But my point is, when it comes to the insurance, looking for guidelines, legally he's still the owner and he gave you authorization to drive the car. And everything adds up on the policy where that is concerned. So you all sold the car or DY gray area everybody is talking about. But if he fighting it in court, who is the registered owner? This man, who is he? In short, this man, did he give you permission? Yes, he did. Because he I bought the car from you tell me I could go ahead and drive. We ain't transfer the insurance or no, I just gave you permission to use the car. [00:58:11] Speaker C: So that would be in a situation, I feel like if that would be the common sense approach to take if in that situation to be like, okay, this person just gave me permission and not necessarily bring up the whole point that this car was sold and all these different things. But if you go and you get this, this is what I'm saying. Let me make myself abundantly clear. This is what I'm saying. If you go and you say that this vehicle was sold to me, right? I'm thinking firstly, this is what I'm firstly saying that the authorization that this insurance company allows you to do, I'm sitting out there and I'm just saying guidance general. I'm think certain that they are still stipulations surrounding what type of authorization that you can give. One of them being that the person has to be, you know, over the age of 25, they have to be driving for two years. So there are certain, certain guidelines or at least certain stipulations surrounding the authorization that you could give. And I'm saying that can somebody give authorization in that scenario where it is a situation where I sold the vehicle to somebody else, like would the insurance company allow that to happen? And I'm I'm. I'm not certain because I'm. I've never been, you know, in a situation like that to see how exactly it would play off. And I never had to deal with anything legal in relation to that. [00:59:28] Speaker B: Then when I. When I come to insure the car and I look at my policy and my. All the. All the. The fine print, it never states that [00:59:37] Speaker C: if I sold the post, possibly is like there possibly is. [00:59:40] Speaker B: Okay, let's. [00:59:42] Speaker C: That's all I'm saying. [00:59:43] Speaker B: And he says. And he said, when they go to court, don't argue. Don't frustrate yourself. [00:59:47] Speaker C: I feel like if the arguments has to be logical. All I'm saying is there possibly is a situation where the insurance company have certain stipulations and certain guidelines. I'm not certain. Somebody might have to clarify next week surrounding the authorization. Hello. [01:00:04] Speaker B: Good morning. Quickly, quickly. [01:00:07] Speaker A: The best thing to do when you buy a car. Wife. [01:00:10] Speaker B: Well, we know that. We know that. We know that. [01:00:16] Speaker A: All right. Okay. [01:00:18] Speaker B: Hello. Good morning, baby. Morning. [01:00:21] Speaker A: Quick. All right. My father has a master taxi. I assist him in buying that master taxi and he passes away. Can my brother go to the licensing office and get that taxi transferred to his name automatically? [01:00:41] Speaker B: No, no, no, no, no, no, no. We talked about that already. If the person passed away, that'd be next. Okay? And all these. No, no, automatically. What happens if it's in. [01:00:52] Speaker C: If it's. [01:00:53] Speaker B: If it's a spouse. So your brother. Let me explain, quick. And this is because I talked to Andes and I talked to other people. So husband and wife. Husband pass away. Wife automatically is next of kin. She has. Right. She goes to license office with a. With a death certificate and everything showing that she's married to this man. Blah, blah, blah, blah. They. It's transferred to you automatically because you are the next of kin. Legal. If the person dies and leaves a will. Well, when I did, I want Andisa to have my car and the person dies and they produce the will. License officers could take action there and transfer the vehicle to. Because you're dead. And this is your will and testimony. All those things are legal, right? Only the next of kin. The brother can't take the. Can go and do it just so the next of kin can do that. [01:01:33] Speaker A: All right. [01:01:34] Speaker B: The person who is legally next in line to be. To benefit from the assets of the deceased. Hello. Good morning. Quickly, quickly. [01:01:41] Speaker A: Yes, David, quickly. The thing that you're discussing this morning, I've been driving a while, and they are basically two outlooks with insurance company. As far as this is Concerned. There are some companies that I have been insured with that tell you anybody over the age of 25 and drive in for more than two years, there's another company, at least one that tells you driver only. And if you want anybody else to be covered by that insurance, you have to include their name in the policy. [01:02:11] Speaker B: Any policy, right? [01:02:12] Speaker A: Yes. And what happens sometimes is a person might be driving for a long while and over the age, but is a reckless driver and is getting into accidents frequently. So all he has to do is get somebody else in, show the cafe and dies to avoid something like that. Okay, thank you. All right. [01:02:29] Speaker B: Good morning. Quickly, quickly. [01:02:31] Speaker A: Travel at your own risk. [01:02:34] Speaker B: All right, cool. Thanks. Hello, Good morning. Quick. All right, let me listen to this. Because somebody says Andy's a good segment and discussion. It further highlights how systems and institutions are set up to frustrate and make the overall transactions and inconvenience and hassle for the citizens. Further compounding that no one is working to improve or fix it. Tnt, sweet boy. All right, let me hear what this person had to say. Quick. Good morning, guys. I think there's a clear difference between, you know, authorizing or lending somebody to use your car and ownership. Ownership is black and white as clear as day. Even if you like, you know, he said, you know, you give me $10,000 for the car, the car is yours. If that's still the gentleman's agreement, still a gentleman's legal document of a change of ownership. That's right. So the insurance have to honor. Goes by the books, black and white. Whether you lend me the car to use or your cellmate, somebody is still the owner and that is what they go by. So the black and white law is what stands, not any ambiguous thinking. [01:03:37] Speaker A: Thanks. [01:03:37] Speaker B: And that's it to know. Andy. Sir, the ambiguous thinking, the supposed hidden guidelines that you never tell me and I didn't sign to that. So at the end of the day, the legal owner simply says, yes, I gave him permission to drive the car and the person bonked him. He needs. We need to get compensation. He had my permission to drive it. Now you give me money. We didn't change ownership as yet. I still own it because police will come to me. Why not go to you direct and forget about me? Because it's still on the books that I am the legal owner. Good morning. Quickly. Good morning. [01:04:09] Speaker A: If you know the license office give you seven days to transfer the vehicle. [01:04:15] Speaker B: We could manipulate that. We could manipulate that. [01:04:18] Speaker A: Yeah, yeah, yeah. That's why rocket car, right? [01:04:21] Speaker B: All right. [01:04:21] Speaker A: But what I'm saying is, all right, [01:04:23] Speaker B: so within that seven days. So let me say. Hold on. Within that seven days, right? As you rightfully say, this is the point I'm making. Quick before. And this goes within that seven days we have there. So I have a receipt saying this date. So next week, Friday, seven days. And between then I say to Andesa and Lisa says to me, listen, when we do the transfer, I will take off the insurance, but in the meantime, the vehicle is insured. You have my permission. You can go ahead and drive. We'll be transferred. We have seven days next week, Friday, we're going to do the transfer at that time, bring insurance, we'll set up everything. And something happens in that time, Alisa is still the registered owner, so insurance covered. [01:04:58] Speaker C: That all depends on whether the actual owner of the vehicle is still willing to come and say, yeah, I gave him permission, whatever, whatever, because they're going to carry up my premium. [01:05:08] Speaker B: But then I steal the car. Then. But then I stole the car. [01:05:11] Speaker C: No. Meaning authorization. [01:05:13] Speaker A: Yup. [01:05:13] Speaker B: Well, then I stole. [01:05:14] Speaker C: Is the. Is the actual. [01:05:16] Speaker A: Yeah, he cannot give him permission after he stole the vehicle, after the vehicle is legally trapped. [01:05:23] Speaker B: Well, you're still the owner until you legally transfer the vehicle. [01:05:26] Speaker A: Administrative process. [01:05:29] Speaker B: Again. Again, it is still registered. [01:05:33] Speaker A: Yes, he's the registered owner administratively, theoretically. But from the time you sold that vehicle and produce a receipt, you are no longer the owner. So you cannot give authorization to drive a vehicle for something that you don't own. So the insurance is null and void up until that point where you sold the vehicle and producer received. So the onus is on the new owner at that point in time to get insurance for the vehicle. We have been practicing the wrong things for so long that the norm, the form becomes the normal or, you know, however the adage goes. But that's what it is, basically. Daisy. [01:06:12] Speaker B: Okay, buddy, we can agree to disagree [01:06:15] Speaker C: because on your scenario depends. No, your scenario depends on the actual owner of the vehicle coming and saying, well, yeah, I give him authorization. Like he have to. He have to be along with this. [01:06:27] Speaker B: Remember, you're calling me. You know, I am the insured. [01:06:29] Speaker C: So. And I. I will say, yeah, yeah, yeah, I. [01:06:32] Speaker B: So when I come and I give [01:06:33] Speaker C: him authorization and let your insurance premium go up. [01:06:36] Speaker B: So hold on. When I come and I say. When I come and I say, no, I never gave him authorization then. So also, he stole the garden. [01:06:44] Speaker C: No, no, no, no, no. You remember, the vehicle was sold to the person and you are saying for the purposes of insurance, you would go to the insurance company and Say that the registered owners is still the person. Even though money passed behind the scene, they didn't go to licensing and officially change who the registered owner is. [01:07:01] Speaker B: Right. [01:07:01] Speaker C: So you're saying that the registered owner would then go because their name is on the insurance policy as well and say, well, yes, I gave. Gave authorization to. Why? But well, he would say that. Yeah, well, you would have to show that, you know, authorization. Authorization was given to wife to drive the vehicle. And that all depends on the owner of the vehicle saying, well, yeah, I gave authorization to him. [01:07:21] Speaker B: So here the thing. You sold this vehicle Friday last. You had seven days to transfer. So the easy seven days. So you're still waiting. [01:07:29] Speaker A: Hold on. [01:07:29] Speaker B: I'm giving you a scenario. I'm giving you a scenario quick. I sold the vehicle, say Wednesday gone. Wednesday gone. I sold the vehicle. So we have until next week, Wednesday the transfer. [01:07:37] Speaker A: But [01:07:40] Speaker B: I didn't call the insurance company and said, listen, I am. No, I'm canceling the insurance or suspending the insurance of PE9 or PEF 2619 or whatever the number plate is. I didn't tell insurance. I am stopping insurance on this today as I have received money. And we are in the process of transferring. So the vehicle is still. [01:07:59] Speaker C: So what you're saying is. Right, what you're saying is. Hold on. What you're saying is that if police, you know, we say they stop a vehicle. No, somebody get an accident. Let me go back to the accident scenario. The person who is in the accident is any registered owner and is in the person's name on the insurance that that person would automatically be covered by the insurance because that person is over the age of 25. Or would that person have to show that that they got authorization from the owner of the vehicle? Would that not be the case? [01:08:28] Speaker B: No, no, Let me explain. Let me explain. [01:08:30] Speaker C: It would not be the case. [01:08:31] Speaker B: Let me finish. [01:08:32] Speaker C: So that the insurance company is going to automatically cover once. If anybody driving any vehicle again an accident, they're going to automatically cover that. [01:08:39] Speaker B: So here's what's happening. Are driving your car that I purchased from. You are getting. [01:08:43] Speaker C: No, no, no, no, no. Hold on. [01:08:44] Speaker B: Stop waiting. Wait, let me. [01:08:46] Speaker C: You're saying that the person then call the insurance company and cancel it and say nothing like that. [01:08:51] Speaker B: Right. [01:08:51] Speaker C: So I'm telling you. So you're saying that there would be nothing that they ensure. No, no verification to ensure that whoever is driving the vehicle over the age of 25 who is not on the vehicle isn't authorized. [01:09:01] Speaker B: Right. So the. When the verification comes. [01:09:04] Speaker A: Right. [01:09:06] Speaker C: So Somebody will have to verify that the person driving the vehicle is the owner. So your situation assumes that the owner of the vehicle is willing and ready to go to the insurance company and say, I given up authorization to this person who just gave. Got into an accident and a premium. Well, a period would have been given and it's going to not drive up my. [01:09:25] Speaker B: Hold on. Then, then when? Yes, when, when the police say, okay, so the insurance thing and this is it. And they say, okay, did you have valid authorization to drive this car? Well, yes, officer, because I want to answer the question. So yes, officer, I had permission to drive the car because I purchased the car from this person and they agreed that they're going to keep the insurance a little bit. Right. The officers call the insurance company, is this vehicle insured? It's yes, because they know you could produce a certificate but it was canceled and you're using it. They say, yeah, the vehicle is insured. Okay, no, no cancellation was done. They call the owner, the registered owner now, and say, this person got in an accident driving this car registered to you. [01:10:02] Speaker C: Right. [01:10:02] Speaker B: Did you give them permission to drive it? You go and say, no. [01:10:05] Speaker C: So that's what I'm. So we're now on the same page because before you were saying. Because I said that you have information. Exactly. It cannot be automatic because if a random person driving a vehicle and their name is not the registered owner and the name is not on the insurance policy, then it would be for them to verify that this person didn't just take this vehicle and drive it willy nilly. So they would have to verify that they got the authorization. So I'm saying that this gentleman's agreement that you had, it depends on it. Fringe. It depends on the actual register owner saying, hey, I gave him authorization. And do you know, are you sure that in a situation that that person talked about that the registered owner, when they call him, he said, yes, I gave him authorization. He said, no, I sold a vehicle to him, have nothing to do. Because if I accept that I gave that person authorization, it then means that I will have my premium whatever I painted because I possibly have other policies within this insurance company. Whatever I am paying will not go up. I'm now putting this person will have no. [01:11:11] Speaker B: So here was the thing, right? [01:11:12] Speaker C: No, this was gonna have no ramifications and I will have to. [01:11:15] Speaker B: So here was it. So, so then you, why didn't you call and cancel this policy when you sold the vehicle? Why did you allow the person to drive out your yard with this policy on you? So it doesn't matter whether you accept. If you're saying that you did not give him permission because you're still stole the vehicle, then it's a stolen car then because you did not cancel. [01:11:32] Speaker C: No, it's not a stolen car. It would just mean that. It would just mean that you were supposed to. You're so right for the vehicle's name. And the fact that you didn't only [01:11:42] Speaker B: go up because we had to honor this claim, because this vehicle is still [01:11:46] Speaker C: legally insured, you didn't means that this vehicle was not properly transferred to the actual owner of the vehicle as it should have included with law. This is what I'm thinking, how it would go. And as a result, whatever policy that exists should not be honored because this vehicle was sold to a third party. [01:12:10] Speaker B: Let me say it easier for you. [01:12:11] Speaker C: No, you don't need to say it easier. You don't need to dumb it down for me because I understand exactly what it's saying. But what I'm trying to tell you that there are loopholes, holes that exist within that. And we have to firstly figure out this is what I'm saying. And this is to me this is just a made up scenario. Because as I said from the very beginning, we don't know the environment. I don't know insurance. I've never done a situation like this directly to say so possibly somebody who is in this area would be able to clarify. But what I'm saying is two thing comes up. Let me hear what the person say now. [01:12:45] Speaker B: They say the onus is to sell and the seller to stop the insurance from it when the sale goes down. If the vehicle have insurance, it doesn't matter who driving unless it is stolen. If it is not reported stolen, then the seller's responsibility is to cancel immediately. And if you didn't, and you're now saying I didn't give him authorization, I sold him. The fact that you sell him and you leave him to go with your insurance policy, that is authorization on its own. So guess what? [01:13:22] Speaker C: I don't think that will be authorization on its own. That that is so I understand exactly what you're saying and I understand exactly what the person is saying as well. But the only thing that I'm raising as a question because I do not know and somebody could clarify is what would be allowed as authorization in these circumstances. Circumstances would this insurance company allow somebody to sell a vehicle to a third party and then just give them authorization like that in that situation, just like [01:13:51] Speaker B: oh, insurance company would not allow you to buy a Brand new car and then have you rent it out. [01:13:57] Speaker A: Right. [01:13:58] Speaker B: Or buy a brand. You can apply for taxi for trade, for pH. But the point I'm making is that at the end of the day is black and white as you rightfully say. There probably would be guidelines and policies [01:14:09] Speaker C: in relation to giving the authorization. [01:14:11] Speaker B: The authorization? But how about you call me after you get in an accident and we didn't transfer the car but I tell you and you're going with it. You have the insurance, the car still insured. I didn't cancel the insurance and you call me and tell me well listen, the police call me and say hey Andissa have your car, this guy is registered to you and she said that you told her to keep you left the insurance in the car and this is me. No, I never gave her permission to drive the car. Oh, so she stole the car? Well, no, she didn't. So what happened? Well, she bought it for me. But did you cancel the insurance? No. So the car still is still when [01:14:42] Speaker C: you should have cancelled the insurance. [01:14:43] Speaker B: Ah, so if I because you did [01:14:46] Speaker C: not cancel the insurance, that brings the policy into question and would they be able to then say that the policy is no longer valid because you failed to follow the due process that is required to transfer the. To transfer the vehicle one and change the. Any policies to. And get that person to. To make their own. Own policy? That's what I'm saying. [01:15:01] Speaker B: Okay. [01:15:02] Speaker C: But it is coming becoming closer to 9 o'. [01:15:05] Speaker B: Clock. [01:15:05] Speaker C: Begins at 9. [01:15:07] Speaker B: If you're driving on the. If you get insurance and you go on the bus route which is an illegal act and you get in an accident, the insurance will cover it. They do. [01:15:17] Speaker C: But that is a. That is. We compare oranges to grapes. Let's, let's. [01:15:22] Speaker B: All right, I know you have to pay the. [01:15:24] Speaker C: But I really have to thank you [01:15:26] Speaker B: very much for this very, very animated and spirited discussion this morning. Andissa is my co host. She'll be back next week. Friday. I'm so happy we was able we going to dig in this. You know, we get an insurance agent to come in here with us. We're going to have this discussion thoroughly and clear it up. And the insurance agent don't have to say which company they're from. We ain't going down that road because we don't want to blacklist nobody and I nobody thing. But we need to get some clarity and we'll fix it. Even if it's an ex insurance agent, somebody who used to be in the insurance industry and no longer there. They can speak on it. We'll take a break. We'll be back. You're tuned into the all new freedom 106.5. 106.5.