Hit by an uninsured driver
Discussion
My Jaguar XJR was hit by a driver at work. He gave his details and all seemed to be a simple process. However the car he was driving is his wife's, and insured for her, not him. Therefore the non fault accident management company returned the claim to my insurer.
I have contacted the other driver who has pushed me from pillar to post. He initially gave insurance details for one company. In a text, he later told me that his policy was cancelled, but that he had another insurer. I tried to contact the driver by phone, but he would never answer so I sent texts. He replied stating that he has forgotten his online password to the other insurer but would write to them and let me know in 2 days. After 2 days, nothing from him. I called the insurer, he is not insured with them. He then said he would go to the bank the next day to check his "stop orders" to establish who his insurer is. No response next day. I asked that he pay for repairs to my car. After trying to haggle on quotes, and wanting his 'mate' to do it, he replied that he didn't "want to give an empty promise" I advised that I would notify the police and my insurer.
I have contacted the police to advise that he is uninsured, has given false insurance details, and also that the car he was driving was, and still is untaxed.(I checked on the DVLA car checker)
I now have to claim through my insurer and have to pay an excess. I am likely to lose my NCB . Also. this will only be registered as a non fault claim if they get full reimbursement. An uninsured loss agent will have to try to get my excess back. I have read that the MIB will accept claims from accidents with uninsured drivers but only if you have 3rd party insurance. I am fully comprehensive so not eligible. I have to claim through my own insurer.
I suspect the car will be written off as it is only worth between 3 and 5k. The car needs a new door and paint blended on both panels. To fit a door means removing the front bumper, o/s wing, in order to access the doorbolts. I will also need a hire car whilst repairs are being done.
Any way of knowing if my insurer is likely to get their money back either through the MIB or directly from the driver? Any other useful advice would be appreciated.
I have contacted the other driver who has pushed me from pillar to post. He initially gave insurance details for one company. In a text, he later told me that his policy was cancelled, but that he had another insurer. I tried to contact the driver by phone, but he would never answer so I sent texts. He replied stating that he has forgotten his online password to the other insurer but would write to them and let me know in 2 days. After 2 days, nothing from him. I called the insurer, he is not insured with them. He then said he would go to the bank the next day to check his "stop orders" to establish who his insurer is. No response next day. I asked that he pay for repairs to my car. After trying to haggle on quotes, and wanting his 'mate' to do it, he replied that he didn't "want to give an empty promise" I advised that I would notify the police and my insurer.
I have contacted the police to advise that he is uninsured, has given false insurance details, and also that the car he was driving was, and still is untaxed.(I checked on the DVLA car checker)
I now have to claim through my insurer and have to pay an excess. I am likely to lose my NCB . Also. this will only be registered as a non fault claim if they get full reimbursement. An uninsured loss agent will have to try to get my excess back. I have read that the MIB will accept claims from accidents with uninsured drivers but only if you have 3rd party insurance. I am fully comprehensive so not eligible. I have to claim through my own insurer.
I suspect the car will be written off as it is only worth between 3 and 5k. The car needs a new door and paint blended on both panels. To fit a door means removing the front bumper, o/s wing, in order to access the doorbolts. I will also need a hire car whilst repairs are being done.
Any way of knowing if my insurer is likely to get their money back either through the MIB or directly from the driver? Any other useful advice would be appreciated.
Have you tried Ask Mid to see whether the car he was driving was insured? If it's his wife's car as he says it is and it is insured in his wife's name, the insurer are still duty bound under the Road Traffic Act to deal with any third party claims as RTA insurer. They will then reclaim their outlay from the driver or his wife if she was complicit in letting him drive knowingly not being on the policy.
What car was it, owned or leased, and do you know if he rents/owns where he lives.
Just wondering if we are talking typical benefits uninsured where it may get to court and he is asked to pay £1 a week or a bit up the scale and has some assets/savings to recover your loss from. From your description where he essentially let you go to the police rather than pay for the repair, this indicates he may be well accustomed to police visits and is broke.
Also did the police say what action they are taking?
Just wondering if we are talking typical benefits uninsured where it may get to court and he is asked to pay £1 a week or a bit up the scale and has some assets/savings to recover your loss from. From your description where he essentially let you go to the police rather than pay for the repair, this indicates he may be well accustomed to police visits and is broke.
Also did the police say what action they are taking?
Edited by hyphen on Thursday 29th June 12:40
t luck to be hit and then strung along by a load of waffle .....nows probably the point you cut your losses and back hand the lying scumbag, given the toothless nature of the law I doubt your ll be held to account. S6 Devil said:
The police informed me that the car is insured for his wife but not him.
But as Kung Fu Panda states it should still be insured 3rd party (the car not him) and so you should be covered. What have your insurance company said and do you have legal cover on your policy as it may be worth going down that route?S6 Devil said:
The police informed me that the car is insured for his wife but not him.
You're in the same position as if you were hit by a stolen car driven by a joyrider. The car is still insured and the insurer will still pay out even though the joyrider was not insured to drive the car. The driver and wife both work at the same hospital as me. I don't know if they own the car or their own home but they both have an income.
My insurer have been useless. I called today askingabout the Road Traffic Act to deal with any third party claims as RTA insurer. They told me to contact the driver's insurance. They are only interested if I claim through them, in which case I lose my NCB, pay an excess and may have a fault claim on my policy.
I contacted an independent accident management company who have sent notification to the drivers insurer that they are claiming from them as an RTA insurer. They have asked me to fill in an MIB claim form and get an insurance estimate for repairs. The MIB form is in the hope that this will encourage the repairer to accept the claim with MIB backing.
My insurer have been useless. I called today askingabout the Road Traffic Act to deal with any third party claims as RTA insurer. They told me to contact the driver's insurance. They are only interested if I claim through them, in which case I lose my NCB, pay an excess and may have a fault claim on my policy.
I contacted an independent accident management company who have sent notification to the drivers insurer that they are claiming from them as an RTA insurer. They have asked me to fill in an MIB claim form and get an insurance estimate for repairs. The MIB form is in the hope that this will encourage the repairer to accept the claim with MIB backing.
I'm really not sure what the general reluctance is on PH for people not to go through their insurance to sort these issues out. That's what you pay your premium for after all.
As has been said above, the vehicle that hit you is insured (regardless of whether he was insured to drive it). This is a no-fault claim on your part and your insurers will be able to recover their losses from that insurance company, including your excess.
Let your insurer deal with it - pass them the details of the other vehicle's insurers and the drivers name as well as the name of his wife. They won't want to be out of pocket and will pursue this for you.
The MIB won't be interested in this claim at all. There are two insurers involved and either of those will be paying for the damage rather than the MIB.
You're also still going to have to declare being involved in an accident anyway when you come to renew so your policy/premium is going to be affected anyway.
As has been said above, the vehicle that hit you is insured (regardless of whether he was insured to drive it). This is a no-fault claim on your part and your insurers will be able to recover their losses from that insurance company, including your excess.
Let your insurer deal with it - pass them the details of the other vehicle's insurers and the drivers name as well as the name of his wife. They won't want to be out of pocket and will pursue this for you.
The MIB won't be interested in this claim at all. There are two insurers involved and either of those will be paying for the damage rather than the MIB.
You're also still going to have to declare being involved in an accident anyway when you come to renew so your policy/premium is going to be affected anyway.
Nezquick said:
I'm really not sure what the general reluctance is on PH for people not to go through their insurance to sort these issues out. That's what you pay your premium for after all.
As has been said above, the vehicle that hit you is insured (regardless of whether he was insured to drive it). This is a no-fault claim on your part and your insurers will be able to recover their losses from that insurance company, including your excess.
Let your insurer deal with it - pass them the details of the other vehicle's insurers and the drivers name as well as the name of his wife. They won't want to be out of pocket and will pursue this for you.
The MIB won't be interested in this claim at all. There are two insurers involved and either of those will be paying for the damage rather than the MIB.
You're also still going to have to declare being involved in an accident anyway when you come to renew so your policy/premium is going to be affected anyway.
I did contact my insurer who instructed their own accident management company. They were hopeless and didn't look into claiming as an RTA insurer. After their allocated time period, to manage the claim elapsed, they returned the claim to my insurer. It was only when I read the answers to this post that I knew anything of RTA insurers.As has been said above, the vehicle that hit you is insured (regardless of whether he was insured to drive it). This is a no-fault claim on your part and your insurers will be able to recover their losses from that insurance company, including your excess.
Let your insurer deal with it - pass them the details of the other vehicle's insurers and the drivers name as well as the name of his wife. They won't want to be out of pocket and will pursue this for you.
The MIB won't be interested in this claim at all. There are two insurers involved and either of those will be paying for the damage rather than the MIB.
You're also still going to have to declare being involved in an accident anyway when you come to renew so your policy/premium is going to be affected anyway.
I have asked my insurer about losing NCB, who will be registered at fault if they can't get reimbursed and if I will get my excess back. They have been less than forthcoming and very little help. It's hard to make an informed decision with little information.
I have an independent accident management company who are contacting his wife's insurance company and claiming as an RTA insurer. They seem very well informed and competent. I will wait and see. If the worst comes to the worst, I will claim through my insurer with the risk of being penalised with losing NCB, an 'at fault' claim and paying my excess.
Never as simple as you would hope!
catman said:
As the tp's Wife (presumably) hasn't reported him for taking her car without consent, her Insurer will have a hard time in refusing your claim. Just be persistent and I'm sure that you'll be paid out eventually.
Additionally, the driver was driving while knowingly uninsured and the wife was allowing someone to drive her car without insurance, both of which I believe are offences. I'd push the BiB a little harder on this one. It won't get you your money back (that will need to be by the insurance companies) but it may just lead to justice.
catman said:
As the tp's Wife (presumably) hasn't reported him for taking her car without consent, her Insurer will have a hard time in refusing your claim.
It makes no difference whether the wife reports it TWOCced - Section 151 of the Road Traffic Act makes the insurer liable for the third party aspects of the claim even if the car was stolen. Zippee said:
Have a chat with Anniesdad on here (Steve Greensmith), he's the director of an AMC (Europa) and has been extremely helpful to me in the past along with a number of other PHers. He will at the very least be able to offer some unbiased and fair advice.
Thanks, I spoke to him several weeks ago. He put me in touch with the AMC that are now dealing with it.If you work at the same hospital and assuming it was on the hospital car park, I would be inclined to talk to HR about the situation. Not saying they can resolve it but they may be able to speak to the guy and put some pressure on him to do the right thing. You have nothing to lose.
If not a broken leg could be treated on site
If not a broken leg could be treated on site
Monkeylegend said:
If you work at the same hospital and assuming it was on the hospital car park, I would be inclined to talk to HR about the situation. Not saying they can resolve it but they may be able to speak to the guy and put some pressure on him to do the right thing. You have nothing to lose.
If not a broken leg could be treated on site
I've spoken to my manager who is speaking to the hospital manager. He will talk to the couple.If not a broken leg could be treated on site
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