Hit by a drunk driver (no insurance)
Discussion
Howdy. I am a long time lurker (and occasional contributor!) and I have an unfortunate scenario that I would really appreciate any insight on please. The person in question is my brother.
Here are the facts:
- He drives a 2018 Vauxhall Astra which was purchased on PCP. Insurance renewal was Friday 30 October and he cancelled the renewal after losing his job last week and was selling the car. Facts are that the car was not insured as of Saturday 31 October and was parked on his driveway. Yes I know this is stupid but it is factually correct, the car had no insurance at the point of the incident.
- Early hours of Sunday 1 November, a drunk driver crashed into his car (at the end of a cul-de-sac) through the culmination of a police chase. The driver did not own the van (I understand that it belonged to his friend) but the van is insured and I’ve obtained the insurance details (updated this part of the post).
- My brother owes £10k+ on the PCP agreement as it stands including the eventual balloon payment. The car runs mechanically but is badly panel damaged etc. I think it's economic to repair it given the amount of the settlement he would need to pay so this is being worked through.
- The car has been recovered and moved to a secure unit off the road.
Notwithstanding the obvious red flag that my brother's car was uninsured (there is no point in me beating him up about this, it's stupid but he was imminently selling the car and couldn't afford to pay the renewal), are there any potential options to trying to secure some "compensation" to help remedy the situation? I guess he could sue the drunk driver through civil proceedings but I am guessing that the prospect of realising any cash is going to be pretty slim.
As I said, I would appreciate any suggestions on how he might try and mitigate the unfortunate situation he is in. I have been thinking away for the last two days and sadly can't think of many feasible options. Thanks.
Here are the facts:
- He drives a 2018 Vauxhall Astra which was purchased on PCP. Insurance renewal was Friday 30 October and he cancelled the renewal after losing his job last week and was selling the car. Facts are that the car was not insured as of Saturday 31 October and was parked on his driveway. Yes I know this is stupid but it is factually correct, the car had no insurance at the point of the incident.
- Early hours of Sunday 1 November, a drunk driver crashed into his car (at the end of a cul-de-sac) through the culmination of a police chase. The driver did not own the van (I understand that it belonged to his friend) but the van is insured and I’ve obtained the insurance details (updated this part of the post).
- My brother owes £10k+ on the PCP agreement as it stands including the eventual balloon payment. The car runs mechanically but is badly panel damaged etc. I think it's economic to repair it given the amount of the settlement he would need to pay so this is being worked through.
- The car has been recovered and moved to a secure unit off the road.
Notwithstanding the obvious red flag that my brother's car was uninsured (there is no point in me beating him up about this, it's stupid but he was imminently selling the car and couldn't afford to pay the renewal), are there any potential options to trying to secure some "compensation" to help remedy the situation? I guess he could sue the drunk driver through civil proceedings but I am guessing that the prospect of realising any cash is going to be pretty slim.
As I said, I would appreciate any suggestions on how he might try and mitigate the unfortunate situation he is in. I have been thinking away for the last two days and sadly can't think of many feasible options. Thanks.
Edited by Lauryn on Monday 2nd November 22:01
There are some experts on insurance on PH so I'm sure someone will be able to help properly, but before they get here, I can say that the fact your brother's car wasn't insured doesn't mean that he's automatically going to lose out.
If the cops caught the scrote then, assuming the stolen car was insured, that car's insurance will pay out.
If they didn't catch them, there's the MIB fund.
If the cops caught the scrote then, assuming the stolen car was insured, that car's insurance will pay out.
If they didn't catch them, there's the MIB fund.
If the drunk driver was driving with permission and was also insured on the owner's policy, it's possible that the Insurer will cover the repairs. If not, possibly the MCB would cover this.
There are several Insurance experts on here, and many more armchair experts too, so you shouldn't have to wait too long for an answer.
There are several Insurance experts on here, and many more armchair experts too, so you shouldn't have to wait too long for an answer.
Greendubber said:
Was the car stolen?
The police have been a bit slow on providing all of the facts but my understanding is that the drunk driver was driving his friend’s car. I assume it was therefore with the owners permission and that the car itself was insured by the owner but TBC. Thank you. Fingers crossed there’s an insurer to play ball.
In the meantime, you can look at this for what the MIB will require, and likely timescales, for a claim. If ‘you’ go down this route, it will be a loooong time before there’s any resolution.
https://www.mib.org.uk/media/216242/your-guide-to-...
In the meantime, you can look at this for what the MIB will require, and likely timescales, for a claim. If ‘you’ go down this route, it will be a loooong time before there’s any resolution.
https://www.mib.org.uk/media/216242/your-guide-to-...
I'd suggest your brother uses AskMID to find out the insurer of the car (costs £4.50), presuming it was insured at the time of the accident: https://www.askmid.com/askmidenquiry.aspx
He can then pursue a claim against the insurers of the car.
If the AskMID search shows it to be uninsured, then go via the MIB, as per previous posts.
He can then pursue a claim against the insurers of the car.
If the AskMID search shows it to be uninsured, then go via the MIB, as per previous posts.
If the car had an insurance policy on it, and the scrote has been identified, then the insurer is liable for the claim regardless of whether the scote was covered by the policy, or whether he had the owner's permission to drive the car.
If the scrote can't be identified, or if the car had no insurance on it at all, then it's a MIB claim.
His own lack of insurance won't be relevant to a claim against the third party's insurer, except that obviously he won't have an insurer of his own or motor legal protection cover to help him with the process, so he'll have to do the legwork himself.
One bit of bad news though...
If the scrote can't be identified, or if the car had no insurance on it at all, then it's a MIB claim.
His own lack of insurance won't be relevant to a claim against the third party's insurer, except that obviously he won't have an insurer of his own or motor legal protection cover to help him with the process, so he'll have to do the legwork himself.
One bit of bad news though...
Lauryn said:
- My brother owes £10k+ on the PCP agreement as it stands including the eventual balloon payment. The car runs mechanically but is badly panel damaged etc. I think it's economic to repair it given the amount of the settlement he would need to pay so this is being worked through.
The amount he owes on the PCP agreement is irrelevant to the settlement - in the event of a write-off he would only be entitled to the market value of the car at the the of the accident. The PCP agreement is separate to that - it's a debt that he would have to have paid sooner or later anyway, so not the responsibility of the third party or his insurer. Unfortunately that means that he might be in an awkward situation if the outstanding finance is greater than the value of the car and it's nor economical to repair it.Thanks both ^. I tracked the number plate down and paid for a check, the other vehicle had insurance and the policy details came up on the database so that’s super thank you!
Agreed on the PCP, he had no GAP insurance so is hoping to repair the car and get it back on the road.
Agreed on the PCP, he had no GAP insurance so is hoping to repair the car and get it back on the road.
Edited by Lauryn on Monday 2nd November 21:03
Aretnap said:
If the car had an insurance policy on it, and the scrote has been identified, then the insurer is liable for the claim regardless of whether the scote was covered by the policy, or whether he had the owner's permission to drive the car.
There are a couple of get out circumstances for the insurer in the circumstances you describe, but by and large, you are correct. Certainly, if I were the OP's brother, the insurer's of the vehicle that hit his car would be my first port of call. TwigtheWonderkid said:
Aretnap said:
If the car had an insurance policy on it, and the scrote has been identified, then the insurer is liable for the claim regardless of whether the scote was covered by the policy, or whether he had the owner's permission to drive the car.
There are a couple of get out circumstances for the insurer in the circumstances you describe, but by and large, you are correct. Certainly, if I were the OP's brother, the insurer's of the vehicle that hit his car would be my first port of call. Edited by Lauryn on Monday 2nd November 21:47
leef44 said:
bigandclever said:
leef44 said:
A question to those who say MIB:
Is MIB even an option if your own car is not insured?
Yes.Is MIB even an option if your own car is not insured?
That was easy
I’m basing the ‘uninsured might not be a problem’ on the document I linked earlier, that has this bit...
Accidents involving damage to your vehicle on or after 1 August 2015
If you do not have comprehensive insurance for your vehicle
We may be able to assist you. Please complete the claim form.
And I confess I originally read that as ‘if you’re not insured’ rather than ‘not comprehensively insured’.
bigandclever said:
leef44 said:
bigandclever said:
leef44 said:
A question to those who say MIB:
Is MIB even an option if your own car is not insured?
Yes.Is MIB even an option if your own car is not insured?
That was easy
I’m basing the ‘uninsured might not be a problem’ on the document I linked earlier, that has this bit...
Accidents involving damage to your vehicle on or after 1 August 2015
If you do not have comprehensive insurance for your vehicle
We may be able to assist you. Please complete the claim form.
And I confess I originally read that as ‘if you’re not insured’ rather than ‘not comprehensively insured’.
leef44 said:
A question to those who say MIB:
Is MIB even an option if your own car is not insured?
Interesting question.Is MIB even an option if your own car is not insured?
The MIB uninsured drivers agreement does contain an exception which says
The MIB said:
(7) MIB is not liable for any claim, or any part of a claim, in respect of damage to a motor vehicle, or losses arising therefrom, where at the time when the damage to it was sustained - (a) there was no contract of insurance in force in relation to that use of the vehicle; and (b) the claimant either knew or had reason to believe that that was the case.
I was vaguely aware that there was a clause along these lines, but assumed that it wouldn't apply to the OP's brother as his car was on his driveway and therefore he wasn't actually under any obligation to insure it. However on a plain reading, it does seem to exclude him. That doesn't seem massively fair; it would also mean that if an uninsured driver ploughed into your garage, which contained a SORNed classic which you were in the process of doing up, the MiB would cover the garage, but not the classic. I wonder if the clause is actually applied as written in cases like this.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff