Hit By Uninsured Driver!!!

[MickyWelsh172]

Was involved in an accident this morning, some guy went into the back of my 172 while i was stationary in traffic.

I jumped out, he couldnt remember who the insurance was through as it was in his partners name. Knew something was away then.

Been in touch since, and hes asked if i would say his partner was driving, and she said she will take the blame.

Ive been in touch with Winn's before this and said he was driving. Turns out he's not on the policy, and there's a possibility that the Clio is a write off with the damage to the rear. (Bumper smashed to f**k, bootlid pushed in and won't open, possible boot floor bent/twisted)

Anyone got any idea's where i stand here? Will i lose my no claims when it ends up going through The Motor Insurer's Bureau?

Thanks

 

[Lawro]

How come you didn't call the police at the scene if you thought something was wrong?

 

[MickyWelsh172]

Its the first time ive been in an accident. Dont know the standard steps to take on this type of thing.

 

[sam JFM]

Send him a bill for the damage? Or if the damage is too great to fix get him to buy the car off you and buy another one?

 

[Inequality Street]

Bend over and assume the position. In theory you have no one to claim against so you're claiming against yourself. You could then pursue the guy through the small claims court for damages such as increased premium etc. Thats what I'd do, but then I work in the court system.

 

[The Chubby Pirate]

Unless anyone was injured or the accident was obstructing the high way then they won't attend normally, i suppose they should attend for something like that though??

 

[Robiniho77]

For an uninsured driver they would..

 

[Lawro]

It happened to me about 3 years ago, you have nobody to claim from so you will claim against yourself.

Pay your excess, loose your NCB and get raped next year on your premium. You can claim through the MIB but it's a VERY long process so no good in the short term. My claim was only paid about 6 months ago.

 

[Austin-182]

Claim against him. He might pay you £1 a week, but one day will come when he needs something involving credit etc and it will go against him. My other halfs dad did this and the guy never paid, years later the bloke was trying to get a mortgage and this was stopping him, he paid his debt.

 

[littlemissnaughty]

Get the police involved...

 

[cat171]

Get the police involved...

100%

Also, if you're with Direct Line, I think they cover against uninsured drivers. Tbh the dude sounds like a proper muppet.

 

[ChewyB]

Sounds bad but once upon a time when I was a young immature dodgy c**t with no insurance I did a runner from a car accident but the bloke must have got my reg and the same day the police were knocking at my door and I had to settle with the bloke and pay for the damage out my own pocket... So I hope you got the reg and you should have reported the accident to the police.

 

[MickyWelsh172]

So basically im fucked as ive already told solicitors he was driving...

 

[Chi]

Cant you claim against insured driver as they allowed car to be used? Might be spouting out my arse..

 

[Inequality Street]

Cant you claim against insured driver as they allowed car to be used? Might be spouting out my arse..

If she allowed him to drive it, she risks criminal prosicution. If she didn't allow him to drive it, he technically stole it, so he risks further prosicution. Interesting route to go down!

 

[Addicted]

If she allowed him to drive it, she risks criminal prosicution. If she didn't allow him to drive it, he technically stole it, so he risks further prosicution. Interesting route to go down!

Pretty much, from all the times I've watched Cops and stuff, one of them is gonna get shafted. I'd keep pursuing it just so they do.

 

[Harbinger]

dude just call the police, he's owed 6 points for no insurance and then there are license checks as well he may not have one so make sure he gets raped over this, then just court him for the cost of the car if it's a write off, just becasue we all have insurance ( except him ) doen't mean you have to go down the insurance route by any means, but i'd be on the phone to the police like now.

 

[Neil@greenlight]

Hi mate

If the vehicle is insured you could probably still get paid under the third element of the owners insurance. The driver will get 6 points as well for no insurance.

Its better that the car had an insurance policy on it even though it was under a different persons name rather than be completely uninsured.

Its like if a car was stolen and it hit your Clio, you could normally claim the damages back from the company that insured the stolen car.....Afterall you are an innocent third party.

Its a fairly complex situation but if you wanted any help or have any questions id be happy to help if you wanted to call me on 01277 650866 (it doenst matter that you are no longer insured with us, id of thought your new insurer would of offered this advice).

It will all boil down to what the owner says. If she admitts she was aware that he took it undinsured she will be liable for an IN14 conviction (6 points and big fine for aiding no insurance) as well as the driver getting an IN10 (big fine and 6 points for no insurance). If she says it was taken without her knowledge which normally happens to avoid double convictions then its classed as a stolen car and you will be able to claim from the TP's insurance

Best Regards
Neil
greenlight

 

[MickyWelsh172]

Thanks Neil i buzzing that ive got some solid advice. Ive had no contact with my insurance, but the solicitors said they have left a message with the 3rd party about his history, if he has a license or insurance on another car.

The solicitor's have also said that its not guaranteed that it will work that way, thats why they cant give me a hire car.

But the engineer has been out from the insurance/solicitor and its definitely a Total Loss. Getting a decent price back for the car and the buy back was next to nowt, so going to keep it and get it repaired.

I'll keep you's updated with what he/she does.

Thanks

 

[Neil@greenlight]

Thanks Neil i buzzing that ive got some solid advice. Ive had no contact with my insurance, but the solicitors said they have left a message with the 3rd party about his history, if he has a license or insurance on another car.

The solicitor's have also said that its not guaranteed that it will work that way, thats why they cant give me a hire car.

But the engineer has been out from the insurance/solicitor and its definitely a Total Loss. Getting a decent price back for the car and the buy back was next to nowt, so going to keep it and get it repaired.

I'll keep you's updated with what he/she does.

Thanks

Id recommend pressing charges as well that way if the police end up threating the owner with an IN14 offence she may say "I didnt know he was taking the car" that opens up the windwo for you to pursue a claim as being hit by a stolen car. The driver will likely get a UT99 offence as well (taking vehicle without owners consent)

If you are TPF+T cover you could also pursue a claim for your losses from the MiB (motor insurer bureau) which is a fund to compensate drivers hit by uninsured drivers where they have no other indemnity so if you have fully comp this probably wont be an option...Still worth a call though if you dont get anywhere with solicitors.

Neil
greenlight

 

[MickyWelsh172]

So I'm fully comp, should I still ring the police, bearing in mind this happened yesterday morning (11/11/13)?

 

[Addicted]

I would, he's committed an offence by the sounds of it, and as Greenlight say you have a stronger case and an easier way of getting it sorted if you press charges!

Fantastic info from Greenlight, really interesting read and useful information for if it ever happens to me.

 

[skyinsurance]

So I'm fully comp, should I still ring the police, bearing in mind this happened yesterday morning (11/11/13)?

Let your insurers deal with it, they will process the claim and look to recoup losses from the third party's insurer..

Up to you if you call the police or not.

 

[Neil@greenlight]

If it was me i would try everything possible to avoid it having to come off my own insurance so definately call the police. For starters why should he get away with no insurance, think the police will be pretty KEEN to talk to the driver when you explain he asked you to say his missus was driving (insurance fraud anyone:S).

The best situation for you will be if the lady owner says he didnt have permission to take it (she will have to say this unless she wants an IN14 conviction on her licence). The guy will get a UT99 offence rather than the IN10 but given the situation will probably just get a slapped wrist rather than raked over the coals for "theft". I have seen this situation before and normally pans out like this. Once it was classed as taking car without consent you should be then able to take a claim against her policy.

Worst case scenario is you will have to claim the damage off your own policy if you are fully comp. Not ideal but at least the car will be repaired (hopefully you have protected NCB)

Neil
greenlight

 

[Ex-User (60778)]

If it was me the police would have been called there and then if he was unsure about insurance. I can't believe you haven't rang them

 

[littlemissnaughty]

I informed the police 4 days later...
It was a twoc ( taken without owners consent ),
Even thow she new....
And claimed on her insurance

 

[bradsmith88]

Hi Micky,

If the vehicle is insured then the vehicle insurer will be liable to deal with your claim (subject to obtaining an unsatisfied judgement) as a Road Traffic Act insurer.

This is regardless of the prosecution of the driver.

This is part of the road traffic act. (section 145/151 from memory - I'm off work this week) It may mean things take longer - but your fully comp insurer should be pushing the vehicle insurer for this anyway.

I won't ramble on about the topic - but there was someone on here previously who was in similar circumstances and it all got sorted.

If you need any specific advice feel free to drop me a PM.

Brad

EDIT: Here: http://www.cliosport.net/forum/showthread.php?696337-First-Accident-advice/page2 and it was section 151!

 

[H182]

Was he actually not insured at all, or just on her car? He may have his own insurance with 3rd party, but is trying to say she was driving, to avoid forking out for her car repairs?

 

[boom]

I wouldn't call the police, if speak to the guy firstly and go from there. Just tell him he can pay to have it fixed

 

[The Chubby Pirate]

I wouldn't call the police, if speak to the guy firstly and go from there. Just tell him he can pay to have it fixed

If he's running about with no insurance, do you think he's going to dip his hand in his sky rocket to repair his car? I sincerley think not.

 

[Rob]

Some mental advice in here.

Steps are simple:

Get onto police

She'll hopefully realise she could get done for this and say she didn't know he took the car.

This then means you can claim off her insurance. I'd be chasing this route as quickly as possible. Sod talking to solicitors etc, talk to the police, then insurance companies direct. The harder you push the faster this'll get sorted.

 

[Addicted]

I wouldn't call the police, if speak to the guy firstly and go from there. Just tell him he can pay to have it fixed

And allow him to continue to drive uninsured? Where's the logic in that?

 

[boom]

And allow him to continue to drive uninsured? Where's the logic in that?

The fact is I'd still rather get my car paid for by him than claim off my own insurance

 

[The Chubby Pirate]

And if he tells you to do one? Then what? I wouldn't even give the c**t that luxury tbh.

 

[sam JFM]

And if he tells you to do one? Then what? I wouldn't even give the c**t that luxury tbh.

Then call the cops

 

[The Chubby Pirate]

You people are mental.

 

[sam JFM]

You people are mental.

Not really

 

[Paul172sport]

Best option is to try and claim directly off the third parties insurance. End of the day if they 've offered the route of saying the partner was driving its insured.

That insurer has a road traffic act obligation to deal with third party claims as the driver has been identified. You don't need to get a judgement most insurers will accept their liability and just deal - then it's to them to pursue their insured or the driver.

They will most likely ask you to sign an assignment and agreement form which gives them the right to pursue the driver.

 

[MickyWelsh172]

Thanks everyone, will be ringing police first thing in the morning when I finish work.

It appears he hasn't replied to solicitors for the last 2 days after they have left a couple of voice mails, so leaves me with no other option than to ring police!

 

[Paul172sport]

Your mixing civil and criminal law. Just because he gets 6 points and a fine doesn't get you car fixed.

Your solicitors wasting his time, he doesn't need to write to the driver. He just needs to apply to the insurer of the car. As said they HAVE to deal with your claim as the driver is identified.

Trust me I've been doing claims for almost 20 years.