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car accident, guy at fault NOT insured

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  • Lum wrote: »
    4) In theory, the insurance company can persue the Transit van driver for costs, take him to court, get a CCJ etc. In practice they will not do this as they will incur costs in doing so, and then the van driver will say he's lost his job and can only afford to pay £1 a week. It's more cost effective for the insurance company to just pay out for your repairs and screw you over with increased premiums for the next five years.

    I realise that this probably isn't what you wanted to hear, but that's how it works. Insurance companies are on nobody's side but their own.

    So you sue the guy yourself in the small claims court. Doesn't cost much and you can start !!!!!!! his life up big style if he doesn't pony up the readies.
  • Lum
    Lum Posts: 6,460 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    edited 2 March 2012 at 12:49AM
    @property.advert: If you have the energy to do that, and the details he did give you are actually genuine then go for it. In our case we couldn't actually get the 3rd party details as their reaction to driving into the back of my GF's car was to then physically assault her in front of the ambulance driver. Police procedure in that situation is to withhold the details, while still refusing to co-operate on the uninsured driver issue, so it wasn't an option really.

    @quentin: I thought I already had done when I stated that this was merely what happened to me, but fine. You were right and I was wrong to assume that the MIB would actually follow their own rules.

    You'd think I'd be used to that from my dealings with the DVLA really. *shrug*
  • Quentin
    Quentin Posts: 40,405 Forumite
    So you sue the guy yourself in the small claims court. Doesn't cost much and you can start !!!!!!! his life up big style if he doesn't pony up the readies.

    No point sueing unless you know you will get your money if you win - otherwise it's just good money after bad.

    And you say it "doesn't cost much", but to take a £600 claim to a court case costs a minimum of £140 in court fees, plus you would have to travel to the defendant's local court, plus enforcement costs if necessary (£100 minimum) - all in the hope the "guy" has any funds to pay you!
  • thenudeone
    thenudeone Posts: 4,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    vax2002 wrote: »
    Nothing ridicules about it I am afraid, guy says hey I have no insurance dude, please dont tell anyone or I will be arrested, help me cover up the fact I am committing an offence for which a constable of the law would almost certainly arrest me under pace 2006, be a good accessory and let me bung you a few quid.
    assisting an offender and perverting the course of justice, one would stick if the other fell off !
    Once the other party has declared they have no insurance, any action you take to help them avoid detection would render you liable to prosecution, this is not a matter of observance, you would need to be compliant with the offender, other wise, it is going to come to light.
    It would be down to what the court would see as normal procedure, which is to oblige your contractual obligation and report the collision to your insurance, the court would want to know why you did not and if this formed part of the conspiracy to conceal the offence.
    If the OP wants good advice:
    Report the matter to the police first and then your insurance company.
    Let the Mug without insurance fend for himself, after all that what he was prepared to do to anyone else by driving with none.

    1) PACE 2006? no such thing exists

    2) It's only rarely that anyone would be arrested for "no insurance". 99% will just be reported for summons.

    3) if someone has damaged your car in an accident you are fully entitled to ask them to pay for the damage and use the civil court if necessary. To suggest that doing so is "assisting an offender" is completely laughable.

    4) You have no evidence regarding whether he is insured or not. maybe he's just trying to get you to accept cash for the damage in order to protect his no-claims bonus.

    5) The offence of "Assisting an offender" (as originally drafted in 1967) only applies to "arrestable offences" http://www.legislation.gov.uk/ukpga/1967/58/section/4.
    The original definition of "arrestable offence" is here http://www.legislation.gov.uk/ukpga/1984/60/section/24/enacted
    Driving without insurance WAS NOT an "arrestable offence".
    The definition of "arrestable offence" was removed by this law http://www.legislation.gov.uk/ukpga/2005/15/section/110. in most cases references to "arrestable offence" now refer to "indictable offences" (although the website for the 1967 Act hasn't been updated to remove the reference to "arrestable offences")
    Driving without insurance IS NOT an "indictable offence". So even if someone was actively assisting someone to drive without insurance (which these circumstances wouldn't support), they would not be "assisting an offender" as defined in law.

    Some please stop scaremongering and pretending that you know something about the law, when you clearly don't.
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  • Hastings_Direct_company_representative
    Hastings_Direct_company_representative Posts: 159 Organisation Representative
    bexgriff wrote: »
    :mad:Hi everyone



    I am desperately seeking help/advice I have recently been involved in a car accident, although many say this 'I am not at fault' I promise it's true, a transit van reversed into the n/f/s of my little peugeout, cut a long story short....
    Transit man admitted liability,full of apologies etc said 'no point with insurance malaki' we left on the understanding that I would obtain 3 quotes etc he would choose and fit the bill.
    Accident Fri 5pm (approx), after receiving 3 quotes £1,107 £875 and £600 he agreed to the £600, it's now Wenesday, car due to go in for repair.... Transit man now refuses to pay anything, and admits to having no insurance for the vehicle concerned!!!!!
    I cancelled my car at the garage, now I am clueless on what action to take cos I never rang 'police' or 'insurer' as stupidly took the guy at face value although photos of my extent damage are available and cars state of repair, I am gonna get in trouble for not reporting it the correct way???
    Also as I have fully comp, I am assuming I will have to claim off my own insurance and face all the penalties incurring financial costs further???
    OH I AM A FOOL, PLEASE HELP ME SOMEONE XX

    p.s Hastings direct are my insurers if that helps at all
    Thank you so so much guys for listening to me moan xx

    Hi Bexgriff,

    I have read about your situation and would like to offer my assistance in getting the matter resolved. If there is anything that I can do to help please do not hesitate to get in contact with me.

    Many Thanks,

    Jamie Wicks,
    Customer Experience,
    Hastings Direct,
    [EMAIL="socialmedia@hastingsdirect.com"]socialmedia@hastingsdirect.com[/EMAIL]
    Official Company Representative
    I am the official company representative of Hastings Direct. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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