What would be the legal situation if ...
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What would be the legal situation if you were involved in an accident with an uninsured scrote which was blatently your fault? For instance, you went into the back of them at a traffic jam.
As I understand it, the usual procedure is that they would talk to their insurance company, who would sort out liaibility with your insurance company, who would then pay for the damage to their car. You would possibly get your car repaired at the same time if you have fully comp insurance. However, if they don't have an insurance company, what happens? Can they claim off you directly? Can they claim off your insurance company? Can you argue that as they don't have insurance, they shouldn't have been on the road in the first place and therefore it is their fault all along?
(Note - this is NOT a situation that I, or anyone else I know, is in. It is purely hypothetical.)
Oli.
As I understand it, the usual procedure is that they would talk to their insurance company, who would sort out liaibility with your insurance company, who would then pay for the damage to their car. You would possibly get your car repaired at the same time if you have fully comp insurance. However, if they don't have an insurance company, what happens? Can they claim off you directly? Can they claim off your insurance company? Can you argue that as they don't have insurance, they shouldn't have been on the road in the first place and therefore it is their fault all along?
(Note - this is NOT a situation that I, or anyone else I know, is in. It is purely hypothetical.)
Oli.
zcacogp said:
What would be the legal situation if you were involved in an accident with an uninsured scrote which was blatently your fault? For instance, you went into the back of them at a traffic jam.
As I understand it, the usual procedure is that they would talk to their insurance company, who would sort out liaibility with your insurance company, who would then pay for the damage to their car. You would possibly get your car repaired at the same time if you have fully comp insurance. However, if they don't have an insurance company, what happens? Can they claim off you directly? Can they claim off your insurance company? Can you argue that as they don't have insurance, they shouldn't have been on the road in the first place and therefore it is their fault all along?
(Note - this is NOT a situation that I, or anyone else I know, is in. It is purely hypothetical.)
Oli.
they can claim off your insurers. In the event 2 uninsured cars collide, the "innocent" car cannot claim from the motor insurers' bureau if they themselves are uninsured.
But if an uninsured driver is the "victim" of a RTA with an insured driver they can claim from their insurers.
I would guess, but that is going to be a lot of hassle. I suspect they wouldn't try to claim too hard though as the momement it comes before a court they will be forced to admit their offence.re the can he claim off you question...
this is the same if the other driver is insured or uninsured - at the end of the day you have a right of action under the law of tort to bring a claim against someone who has been negligent. By smashing up the arse of the other driver, you have been negligent. If you bring your insurers into the frame, they will indemnify you for the claim. If you dont, he will pursue you directly. Even if your insurers are dealing with the matter and he sues for whatever reason, the court proceedings will be against you are you were the party who was negligent and gave the other driver a right of action.
>> Edited by shnozz on Wednesday 18th February 16:32
this is the same if the other driver is insured or uninsured - at the end of the day you have a right of action under the law of tort to bring a claim against someone who has been negligent. By smashing up the arse of the other driver, you have been negligent. If you bring your insurers into the frame, they will indemnify you for the claim. If you dont, he will pursue you directly. Even if your insurers are dealing with the matter and he sues for whatever reason, the court proceedings will be against you are you were the party who was negligent and gave the other driver a right of action.
>> Edited by shnozz on Wednesday 18th February 16:32
A similar situation occured to me when I first started driving. I was slowly pulling out of a junction trying to see past all of the badly parked cars to see if anything was coming and had someone hit my offside front wing. There was a fair bit of damage to the 3rd parties car, cracked headlight, bent bumper etc. I had a nice dent in my wing. I told the fella that hit me that he had best speak to my insurance company and gave him my name, address and phone number as I didn't have the insurance details on me. I never got a call, never received any letters relating to the matter. I guess he was uninsured and cr@pped himself with dealing with insurance companies and didn't want the hassle. I think after two years they can't claim but don't quote me on that one.
shnozz said:
re the can he claim off you question...
this is the same if the other driver is insured or uninsured - at the end of the day you have a right of action under the law of tort to bring a claim against someone who has been negligent. By smashing up the arse of the other driver, you have been negligent. If you bring your insurers into the frame, they will indemnify you for the claim. If you dont, he will pursue you directly. Even if your insurers are dealing with the matter and he sues for whatever reason, the court proceedings will be against you are you were the party who was negligent and gave the other driver a right of action.
>> Edited by shnozz on Wednesday 18th February 16:32
And pretty much all you can - and should - do is report him for driving without insurance.
As I understand it, if someone crashes into me I am at liberty to chase for the cost of repairs through the civil courts without asking my insurers to act on my behalf. I must inform my insurers, but I do not have to claim from my own insurers, I can take my chances in the civil courts and sue the other driver personally.
Neither does he have to involve his insurers if he doesn't want to, but he must inform them of the accident.
The other party has no automatic right to know who my insurers are - it is simply a civil matter unless there is an injury involved, in which case the police must be informed and insurance company details revealed to the police.
I think that's correct, but someone will tell me if it isn't.
Neither does he have to involve his insurers if he doesn't want to, but he must inform them of the accident.
The other party has no automatic right to know who my insurers are - it is simply a civil matter unless there is an injury involved, in which case the police must be informed and insurance company details revealed to the police.
I think that's correct, but someone will tell me if it isn't.
shnozz said:
re the can he claim off you question...
this is the same if the other driver is insured or uninsured - at the end of the day you have a right of action under the law of tort to bring a claim against someone who has been negligent. By smashing up the arse of the other driver, you have been negligent. If you bring your insurers into the frame, they will indemnify you for the claim. If you dont, he will pursue you directly. Even if your insurers are dealing with the matter and he sues for whatever reason, the court proceedings will be against you are you were the party who was negligent and gave the other driver a right of action.
>> Edited by shnozz on Wednesday 18th February 16:32
As an uninsured driver he shouldn't have been on the road, and if he hadn't you wouldn't have hit him, ergo the accident is his fault. QED.
flat_steve said:
As an uninsured driver he shouldn't have been on the road, and if he hadn't you wouldn't have hit him, ergo the accident is his fault. QED.
it would be nice if that was the case. Feel free to argue the case in court to set a precedent but unfortunately the law doesnt support you.
Cooperman said:
As I understand it, if someone crashes into me I am at liberty to chase for the cost of repairs through the civil courts without asking my insurers to act on my behalf. I must inform my insurers, but I do not have to claim from my own insurers, I can take my chances in the civil courts and sue the other driver personally.
Neither does he have to involve his insurers if he doesn't want to, but he must inform them of the accident.
The other party has no automatic right to know who my insurers are - it is simply a civil matter unless there is an injury involved, in which case the police must be informed and insurance company details revealed to the police.
I think that's correct, but someone will tell me if it isn't.
you are correct in that. The main problem if the TP doesnt allow for his insurers to be notified of the claim is that even with a judgment against him, you may not be able to enforce it directly.
He could go after you either personally or through your insurance company. I've gone after somebody else in this way where I didn't want to involve my own insureres for fear that they'd settle for a knock/knock when it clearly wasn't.
In practice he won't chase you or your insurers because he fears that the first question he'll be asked is "....an what are your insurance details", and that if he doesn't have a story he'll be shopped to the BiB.
Oddly enough - in the two instances where I haven't involved my own insurance company and have pursued a claim directly with the other motorists insurer I have never once been asked why I'm not doing it through my own insurer. It seems they are pretty used to dealing with motorists direct. They just send you a claim form.
In both cases - and with the help of a couple of strongly worded registered letters I got payouts of £5k and £2k respectively.
In practice he won't chase you or your insurers because he fears that the first question he'll be asked is "....an what are your insurance details", and that if he doesn't have a story he'll be shopped to the BiB.
Oddly enough - in the two instances where I haven't involved my own insurance company and have pursued a claim directly with the other motorists insurer I have never once been asked why I'm not doing it through my own insurer. It seems they are pretty used to dealing with motorists direct. They just send you a claim form.
In both cases - and with the help of a couple of strongly worded registered letters I got payouts of £5k and £2k respectively.
shnozz said:
brylski said:
I think after two years they can't claim but don't quote me on that one.
6 years for damage only cases. 3 in the majority of personal injury cases (there are a couple of exceptions such as aviation cases and accidents at sea)
It is 3 years from date of injury or date of knowledge for all personal injury claims in the UK except were the injured party is either a juvenile (under 18) or the person is incapable of looking after their own affairs.
Jurisdiction also comes into play as well. Different Countries have different rules, for example Italy is two years, some have only 12 months, but if it ocured in the UK then you are looking at 3 years, and bear in mind that proceedings must be issued within three years from date of accident otherwise it becomes time barred except in the two exceptions. Injury claims under £1,000 cannot reclaim any legal fees, damage only claims under £5,000 cannot recover legal fees either.
However, the MIB will now cover damage to property. Up until last year they would only cover injury cases.
>> Edited by t-c on Friday 20th February 12:40
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