Hit by lorry driver with insurance, but no 3rd party cover!!
Hit by lorry driver with insurance, but no 3rd party cover!!
Author
Discussion

98elise

Original Poster:

32,539 posts

190 months

Friday 14th January 2022
quotequote all
A couple of years ago I was sideswiped by a Romanian Lorry (on the M25) which wrote my car off. The driver provided me with his insurance details, but my insurer was struggling to make any headway with them.

They started legal proceedings, but today I've had a letter saying...

"I received confirmation from the third party's UK handlers that their insurer principal does not provide cover for the third party vehicle at the time of the accident. I ​am therefore unable to proceed.....etc etc."

That reads to me like they don't have third party cover!! Has anyone else had this and if so what was the outcome?

I really don't want to be significantly out of pocket because of an underinsured driver, and if this company is operating in the UK without 3rd party cover I'd like to report it to someone.

SydneyBridge

11,705 posts

187 months

Friday 14th January 2022
quotequote all
The MIB should get involved

https://www.mib.org.uk/

scorcher

4,122 posts

263 months

Friday 14th January 2022
quotequote all
SydneyBridge said:
The MIB should get involved

https://www.mib.org.uk/
They move at the speed of a three legged tortoise laden down with its monthly shopping.

98elise

Original Poster:

32,539 posts

190 months

Friday 14th January 2022
quotequote all
scorcher said:
SydneyBridge said:
The MIB should get involved

https://www.mib.org.uk/
They move at the speed of a three legged tortoise laden down with its monthly shopping.
That doesn't sound good, will contact them though.

DavePanda

6,824 posts

263 months

Friday 14th January 2022
quotequote all
98elise said:
I really don't want to be significantly out of pocket because of an underinsured driver, and if this company is operating in the UK without 3rd party cover I'd like to report it to someone.
Pointless reporting it, it was 2 years ago. I'm not understanding how they don't have third party cover unless it's some kind of mis understanding between the foreign insurers. Third party cover is the very basic you must have.

LosingGrip

8,845 posts

188 months

Friday 14th January 2022
quotequote all
98elise said:
That doesn't sound good, will contact them though.
They won’t assist if you have fully comp insurance.

quinny100

1,013 posts

215 months

Saturday 15th January 2022
quotequote all
98elise said:
"I received confirmation from the third party's UK handlers that their insurer principal does not provide cover for the third party vehicle at the time of the accident. I ?am therefore unable to proceed.....etc etc."
I would read that as the claim has been directed to the wrong insurer.

It refers to "the third party vehicle", not third party cover.

"At the time of the accident" suggests that perhaps they are the current insurer, or have provided cover at some point, but not at the time of the accident.

You need to either establish who the insurer was at the time of the accident - which unless the owner provides details is probably going to be nigh on impossible to do; or take legal action against the driver (not the vehicle owner) in the small claims/county court - it would then be for the driver to pass to the insurer to deal with. However the chances are the driver won't respond, in which case you would probably get a judgement by default - but how would you enforce it against a foreign national?

Looking at https://www.mib.org.uk/making-a-claim/accidents-in... - there aren't that many Romanian insurers listed, perhaps you could contact each one and ask if they covered the vehicle on the date in question.

Adam205

822 posts

211 months

Saturday 15th January 2022
quotequote all
This is pretty standard I believe, I had a very similar one a few years ago with a Spanish reg van. Provided insurance details that had expired some years before and unsurprisingly the current insurance wasn't in place when the accident occured. In the end it came down to the legal cover I had paid £20 for, the solicitors took the company to court and eventually they paid up and my excess was returned. That's probably paid for a lifetimes legal cover in one hit!

98elise

Original Poster:

32,539 posts

190 months

Saturday 15th January 2022
quotequote all
LosingGrip said:
98elise said:
That doesn't sound good, will contact them though.
They won’t assist if you have fully comp insurance.
Thanks, I won't bother with them then.

Lincsls1

4,064 posts

169 months

Saturday 15th January 2022
quotequote all
"I received confirmation from the third party's UK handlers that their insurer principal does not provide cover for the third party vehicle at the time of the accident. I ​am therefore unable to proceed.....etc etc."

Sadly, I think that reads as the driver had no insurance at the time of the accident.
Does your insurance company not protect you against uninsured drivers? I think mine does for example.

98elise

Original Poster:

32,539 posts

190 months

Saturday 15th January 2022
quotequote all
quinny100 said:
98elise said:
"I received confirmation from the third party's UK handlers that their insurer principal does not provide cover for the third party vehicle at the time of the accident. I ?am therefore unable to proceed.....etc etc."
I would read that as the claim has been directed to the wrong insurer.

It refers to "the third party vehicle", not third party cover.

"At the time of the accident" suggests that perhaps they are the current insurer, or have provided cover at some point, but not at the time of the accident.

You need to either establish who the insurer was at the time of the accident - which unless the owner provides details is probably going to be nigh on impossible to do; or take legal action against the driver (not the vehicle owner) in the small claims/county court - it would then be for the driver to pass to the insurer to deal with. However the chances are the driver won't respond, in which case you would probably get a judgement by default - but how would you enforce it against a foreign national?

Looking at https://www.mib.org.uk/making-a-claim/accidents-in... - there aren't that many Romanian insurers listed, perhaps you could contact each one and ask if they covered the vehicle on the date in question.
You might be right. I've mailed the solicitors to clarify what they are saying in the letter.

Thanks for the link, I will contact them all. I have photos of the truck registration and the driver.

If they do say it was false insurance details I'll also contact the police with the registration. I don't hold out much hope that they will pull him next time he's in the country.


Dogwatch

6,381 posts

251 months

Saturday 15th January 2022
quotequote all
Adam205 said:
That's probably paid for a lifetimes legal cover in one hit!
Going slightly off topic I reckon mine has pretty well paid for itself too.

Back on topic I understood that whatever cover you did or didn’t have for your own car or person damage you had to have third party cover in the UK.

Chris32345

2,141 posts

91 months

Saturday 15th January 2022
quotequote all
98elise said:
You might be right. I've mailed the solicitors to clarify what they are saying in the letter.

Thanks for the link, I will contact them all. I have photos of the truck registration and the driver.

If they do say it was false insurance details I'll also contact the police with the registration. I don't hold out much hope that they will pull him next time he's in the country.
Very unlikely probably has a different unit by now

And especially hard with eu lorries that often only have the trailer reg displayed on the rear

Adam205

822 posts

211 months

Saturday 15th January 2022
quotequote all
Chris32345 said:
98elise said:
You might be right. I've mailed the solicitors to clarify what they are saying in the letter.

Thanks for the link, I will contact them all. I have photos of the truck registration and the driver.

If they do say it was false insurance details I'll also contact the police with the registration. I don't hold out much hope that they will pull him next time he's in the country.
Very unlikely probably has a different unit by now

And especially hard with eu lorries that often only have the trailer reg displayed on the rear
I reported the uninsured Spanish van to the police on the non emergency number. They told me it was up to my insurance company to sort it out and not to waste their time. They obviously weren't too bothered about it!

98elise

Original Poster:

32,539 posts

190 months

Saturday 15th January 2022
quotequote all
98elise said:
quinny100 said:
98elise said:
"I received confirmation from the third party's UK handlers that their insurer principal does not provide cover for the third party vehicle at the time of the accident. I ?am therefore unable to proceed.....etc etc."
I would read that as the claim has been directed to the wrong insurer.

It refers to "the third party vehicle", not third party cover.

"At the time of the accident" suggests that perhaps they are the current insurer, or have provided cover at some point, but not at the time of the accident.

You need to either establish who the insurer was at the time of the accident - which unless the owner provides details is probably going to be nigh on impossible to do; or take legal action against the driver (not the vehicle owner) in the small claims/county court - it would then be for the driver to pass to the insurer to deal with. However the chances are the driver won't respond, in which case you would probably get a judgement by default - but how would you enforce it against a foreign national?

Looking at https://www.mib.org.uk/making-a-claim/accidents-in... - there aren't that many Romanian insurers listed, perhaps you could contact each one and ask if they covered the vehicle on the date in question.
You might be right. I've mailed the solicitors to clarify what they are saying in the letter.

Thanks for the link, I will contact them all. I have photos of the truck registration and the driver.

If they do say it was false insurance details I'll also contact the police with the registration. I don't hold out much hope that they will pull him next time he's in the country.
Replying to myself here, but having now done some Google translation of the insurance document it seems it was only valid for 1 month and it expired before accident.



martinbiz

3,697 posts

174 months

Saturday 15th January 2022
quotequote all
Lincsls1 said:
"
Does your insurance company not protect you against uninsured drivers? I think mine does for example.
Yes, it's called fully comprehensive insurance

98elise

Original Poster:

32,539 posts

190 months

Sunday 16th January 2022
quotequote all
martinbiz said:
Lincsls1 said:
"
Does your insurance company not protect you against uninsured drivers? I think mine does for example.
Yes, it's called fully comprehensive insurance
Agreed.

Obviously my insurance company paid out (minus my excess) but was trying to recover the money from the other party.

If they had received it they would have refunded my excess and I would be able to tick the "no fault accident" box rather than having an unresolved claim.


edthefed

827 posts

96 months

Sunday 16th January 2022
quotequote all
Your insurance company can do more, they could engage somebody to visit the haulier overseas but they are choosing not to

I had something similar when the insurance company decided they could not be bothered to pursue the offending driver and it would count against me, despite me being stationary in a queue of traffic at the time

I kicked up a massive stink, basically i was being penalised as they could not be bothered

Ins co eventually gave in a recorded it as "no fault" - and come renewal i went elsewhere for cover