Accident - Van insured but driver not
Discussion
Good afternoon all,
Unfortunately I was hit by a van yesterday. I was in a row of stationary traffic and he smashed right into the back of me. Thankfully no one apart from me and the driver involved and no one was hurt, although my car is a right off.
Guy seemed very nervous and apologetic, but then again he'd just crashed into me. We exchanged details and he managed to drive away. My car was undriveable so called insurance there and then. I got it to the side of the road and it got recovered on a flat bed to a yard and I was taken home in a cab. I've since picked up a hire car and retrieved my belonging from my car in the yard. So far so good.
This afternoon the owner of the van rang me to tell me his driver/employee is not insured (he made out he was not aware of the fact until now). The driver lied at the side of the road. He offered to get the car repaired which I declined as the car is a write off. I am waiting for the owner to email me the correct details of the driver and I have since contacted to insurers to give them an update. They have assured me my claim should not be an issue as the vehicle itself was insured (this is making me nervous).
The insurers have also also told me to contact the police, is this normal in these circumstances or am I open to getting myself stuck into something that might end up being drawn out. Obviously the less uninsured drivers on the road the better. Slightly worried if I do this though as the owner and driver have 'Pontins' sounding names and a quick bit of research confirms this, and if I can find them they can find me (I'm probably being a bit paranoid).
All I want is to get it dealt with so I can back on the road, any advice from people who've been in this situation, Cheers!
Unfortunately I was hit by a van yesterday. I was in a row of stationary traffic and he smashed right into the back of me. Thankfully no one apart from me and the driver involved and no one was hurt, although my car is a right off.
Guy seemed very nervous and apologetic, but then again he'd just crashed into me. We exchanged details and he managed to drive away. My car was undriveable so called insurance there and then. I got it to the side of the road and it got recovered on a flat bed to a yard and I was taken home in a cab. I've since picked up a hire car and retrieved my belonging from my car in the yard. So far so good.
This afternoon the owner of the van rang me to tell me his driver/employee is not insured (he made out he was not aware of the fact until now). The driver lied at the side of the road. He offered to get the car repaired which I declined as the car is a write off. I am waiting for the owner to email me the correct details of the driver and I have since contacted to insurers to give them an update. They have assured me my claim should not be an issue as the vehicle itself was insured (this is making me nervous).
The insurers have also also told me to contact the police, is this normal in these circumstances or am I open to getting myself stuck into something that might end up being drawn out. Obviously the less uninsured drivers on the road the better. Slightly worried if I do this though as the owner and driver have 'Pontins' sounding names and a quick bit of research confirms this, and if I can find them they can find me (I'm probably being a bit paranoid).
All I want is to get it dealt with so I can back on the road, any advice from people who've been in this situation, Cheers!
Daughter's car was rear-ended and written off by an Argos van in front of Police attending an accident in the other direction.
Her insurance company handled the whole thing. The van's insurer apparently didn't respond to them until threatened with legal action months later. It was unexpected that the car would be written off and someone on here wanted it, but it all got very vague about where the car was and we didn't get it back.
Bit of back and forth on the valuation - started at £5K as they used the cheapest similar car on Autotrader but it was 200 miles away and they're supposed to use cars within (I think) 50 miles. I honestly think £6K would have been right, but they wounldn't budge from £5.5K.
Who has provided your hire car? If it's a 'like-for-like' one provided by your insurance on the basis that they'll make a full recovery then you may need to be careful there.
In your case it could be that the owner is lying about the driver not being insured as it may be one of 'those' policies where you're not actually supposed to make a claim.
Her insurance company handled the whole thing. The van's insurer apparently didn't respond to them until threatened with legal action months later. It was unexpected that the car would be written off and someone on here wanted it, but it all got very vague about where the car was and we didn't get it back.
Bit of back and forth on the valuation - started at £5K as they used the cheapest similar car on Autotrader but it was 200 miles away and they're supposed to use cars within (I think) 50 miles. I honestly think £6K would have been right, but they wounldn't budge from £5.5K.
Who has provided your hire car? If it's a 'like-for-like' one provided by your insurance on the basis that they'll make a full recovery then you may need to be careful there.
In your case it could be that the owner is lying about the driver not being insured as it may be one of 'those' policies where you're not actually supposed to make a claim.
Edited by Sheepshanks on Tuesday 16th March 17:42
Your insurer should deal.w8th the claim side of things so.o would probably cease all contact with the other driver and his employer now.
You should be aware that there is probably a clause.in.your policy about cooperating with your insurer.in the event of a claim so you may be required as part of that to make the Police report.
You should be aware that there is probably a clause.in.your policy about cooperating with your insurer.in the event of a claim so you may be required as part of that to make the Police report.
There are better informed on these matters here than I, but I believe that if a vehicle is insured, the insurers have to cover 3rd party claims regardless of the driver status. The insurers may then try to recover their costs
This is why it is crucial to amend insurance when you sell a car, or you could end up with the insurance company coming after you to recover any claim.
This is why it is crucial to amend insurance when you sell a car, or you could end up with the insurance company coming after you to recover any claim.
Sounds like the company that owns and insured the van that hit you has a problem with their employee, buts that's NOT YOUR problem.
Just leave it up to YOUR insurer to sort it all out, that`s what you pay them for. You have had the car recovered and a hire car so they must be on the ball. As for reporting it to the police, that`s up to you? I personally cant see the point, it will just give you more grief. As for the driver, I`m sure he will get the sack.
The important thing is YOU are insured and Your insurer will pay out. They will certainly make a claim against the van`s insurers.
By the way, do not accept the first total loss pay out offer, always haggle for more.
Just leave it up to YOUR insurer to sort it all out, that`s what you pay them for. You have had the car recovered and a hire car so they must be on the ball. As for reporting it to the police, that`s up to you? I personally cant see the point, it will just give you more grief. As for the driver, I`m sure he will get the sack.
The important thing is YOU are insured and Your insurer will pay out. They will certainly make a claim against the van`s insurers.
By the way, do not accept the first total loss pay out offer, always haggle for more.
Smurfsarepeopletoo said:
Either the van owners insurers will pay out, or they will have to report that the driver stole the vehicle, and then your insurers will claim off the MIB, my guess is the first.
If the driver is identified then the van's insurers are required to cover the third party costs - even if the vehicle was stolen. It will not be a MIB claim.If the driver couldn't be identified then the van's insurer's wouldn't be liable, and would potentially be a MIB claim, but only for losses that aren't covered by the OP's own policy (for example if he had third party only cover). The MIB is an insurer of last resort - it will only losses which aren't covered by any other insurance policy, including your own. Insurance companies cannot claim from the MIB - they are big boys, paying insurance claims is what they do for a living, and they don't need an organisation like the MIB to bail them out.
There is a further twist to the tail.
The person who was driving has called me and I now have their details. He is the owner (so he says) of the van and does not have driving licence and has taken out an insurance policy in another persons name (the name given at the scene, i suspect a friend).
I've contacted the police and they told me to fill in an online form but pretty much said they wont be doing anything, which I think is crazy.
I'm assuming in this case I'm dealing with an uninsured driver as the insurance is fake?
The person who was driving has called me and I now have their details. He is the owner (so he says) of the van and does not have driving licence and has taken out an insurance policy in another persons name (the name given at the scene, i suspect a friend).
I've contacted the police and they told me to fill in an online form but pretty much said they wont be doing anything, which I think is crazy.
I'm assuming in this case I'm dealing with an uninsured driver as the insurance is fake?
Put the registration number in to AskMID. That will tell you if there is a policy in place or not. If the tree is a policy in place then that insurance will payout for your losses. They can then pursue the driver for recovery if those costs if they are not on the insurance but that is their problem not yours. If there is no policy on the vehicle then your policy will pay out as a claim (assuming fully comprehensive).
Your insurer will ask you to help them and there is generally a clause in the policy to this effect. This could involve making a police report or a witness statement.
Make a written record now of the incident. Include descriptions of what was said and what people looked like as a memory jogger.
Your insurer will ask you to help them and there is generally a clause in the policy to this effect. This could involve making a police report or a witness statement.
Make a written record now of the incident. Include descriptions of what was said and what people looked like as a memory jogger.
A few years ago but I was in a similar position. Yes it was all sorted out and my understanding is that my insurance eventually recovered the cost of my written off car from the other sides insurers (car had been driven by uninsured daughter 1 week past her test), but because the other side refused to communicate, it was classed as a fault claim against me and affected my premiums for several years. Check this with your insurers.
Prepare to hand back the hire car .
As the details of the van, and allegedly the driver, are known then your insurers may have an ' uninsured driver promise' or similar in your policy ( time to read it all ) . This may waive your excess and if you are lucky , not to count it as a fault claim as far as your NCD is concerned ( but only with that company)
Could still save you some money in a bad situation. Make sure you know what is in the policy wording as they won't rush to help you
As the details of the van, and allegedly the driver, are known then your insurers may have an ' uninsured driver promise' or similar in your policy ( time to read it all ) . This may waive your excess and if you are lucky , not to count it as a fault claim as far as your NCD is concerned ( but only with that company)
Could still save you some money in a bad situation. Make sure you know what is in the policy wording as they won't rush to help you
Qwerty911 said:
A few years ago but I was in a similar position. Yes it was all sorted out and my understanding is that my insurance eventually recovered the cost of my written off car from the other sides insurers (car had been driven by uninsured daughter 1 week past her test), but because the other side refused to communicate, it was classed as a fault claim against me and affected my premiums for several years. Check this with your insurers.
If your insurer made a full recovery of their outlay from the third party insurer, how could it have been classes as a fault claim?It was Direct Line and they told me it was because the other insurance didn’t pay 50% of my excess component (which I effectively paid, by deduction, in full) plus they wouldn’t formally close the claim, even though the claim was from them, presumably because their own client wouldn’t communicate with them? I had been with Direct Line for 20yrs, but left them at end of policy.
I can’t quite follow why someone would call you and admit to a criminal offence ( no licence ) and insurance fraud? To what end ?
This now muddies waters for you as I assume you have told your insurer who will tell the other side ! Without this why they would have simply processed the claim
This now muddies waters for you as I assume you have told your insurer who will tell the other side ! Without this why they would have simply processed the claim
Jeremy-75qq8 said:
I can’t quite follow why someone would call you and admit to a criminal offence ( no licence ) and insurance fraud? To what end ?
He's trying to settle without going through insurance.My thought earlier, and I forget exactly how it works now, but it's something like vehicles get added to trade policies so don't get pinged on ANPR. However claiming potentially opens a can of worms.
Sheepshanks said:
Jeremy-75qq8 said:
I can’t quite follow why someone would call you and admit to a criminal offence ( no licence ) and insurance fraud? To what end ?
He's trying to settle without going through insurance.My thought earlier, and I forget exactly how it works now, but it's something like vehicles get added to trade policies so don't get pinged on ANPR. However claiming potentially opens a can of worms.
Seems odd.
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