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    • BillTrac
    • By BillTrac 10th Nov 17, 3:47 PM
    • 1,699Posts
    • 1,423Thanks
    BillTrac
    Hit uninsured car
    • #1
    • 10th Nov 17, 3:47 PM
    Hit uninsured car 10th Nov 17 at 3:47 PM
    My son in law rear ended a car this afternoon. We know he is at fault., that's not the question. The other driver refused to swap insrance details and wanted to go down the cash route.

    Turns out the car is uninsured. Other car is taxed from Nov 1st and MOT until Feb.

    What is the right thing to do now?
Page 2
    • GothicStirling
    • By GothicStirling 11th Nov 17, 3:58 PM
    • 966 Posts
    • 715 Thanks
    GothicStirling
    I most definitely not be giving him cash, for all you know it's a crash-for-cash scam. If it was genuine, he was driving illegally and shouldn't have been on the road. Probably why he wants cash, as as insurer will refuse to payout as he was breaking the law at the time of the accident.
    • Tarambor
    • By Tarambor 11th Nov 17, 4:05 PM
    • 1,530 Posts
    • 1,054 Thanks
    Tarambor
    I agree its not relevant but as an accident has occurred both parties are legally obliged to exchange details not just the guilty party
    Originally posted by Lomast
    Only name and address.

    As for the offering to do it outside of insurance, when I've been hit in the past and its been a low speed accident with very little damage that a couple of hundred quid at the most would put right I've offered that to the person who hit me. Why? Because in the event of a claim BOTH of our insurances will be going up the following year even though I wasn't at fault. People forget that even though you're the innocent party that your insurance will also go up the following year even though it is a "not at fault, all costs recovered" accident.
    Last edited by Tarambor; 11-11-2017 at 4:09 PM.
    • shaun from Africa
    • By shaun from Africa 11th Nov 17, 4:31 PM
    • 9,579 Posts
    • 10,744 Thanks
    shaun from Africa
    I most definitely not be giving him cash, for all you know it's a crash-for-cash scam. If it was genuine, he was driving illegally and shouldn't have been on the road. Probably why he wants cash, as as insurer will refuse to payout as he was breaking the law at the time of the accident.
    Originally posted by GothicStirling
    Irrespective of someone driving illegally, I don't think that an insurer can legally refuse to pay a third party for damaged caused by someone covered by that insurer.
    • Warwick Hunt
    • By Warwick Hunt 11th Nov 17, 4:44 PM
    • 563 Posts
    • 295 Thanks
    Warwick Hunt
    I most definitely not be giving him cash, for all you know it's a crash-for-cash scam. If it was genuine, he was driving illegally and shouldn't have been on the road. Probably why he wants cash, as as insurer will refuse to payout as he was breaking the law at the time of the accident.
    Originally posted by GothicStirling
    I bet they don't and if it is a crash for cash just wait for the injury claim.
    • Car 54
    • By Car 54 11th Nov 17, 4:50 PM
    • 2,389 Posts
    • 1,553 Thanks
    Car 54
    I most definitely not be giving him cash, for all you know it's a crash-for-cash scam. If it was genuine, he was driving illegally and shouldn't have been on the road. Probably why he wants cash, as as insurer will refuse to payout as he was breaking the law at the time of the accident.
    Originally posted by GothicStirling
    As others have already pointed out:

    1. We don't know that he was driving illegally. The OP assumes he was, because he refused to give insurance information, as he was perfectly entitled to do.

    2. Even if he was, he has the right to claim damages and the insurer can't refuse to pay out.
    • DUTR
    • By DUTR 11th Nov 17, 5:01 PM
    • 11,027 Posts
    • 6,270 Thanks
    DUTR
    Only name and address.

    As for the offering to do it outside of insurance, when I've been hit in the past and its been a low speed accident with very little damage that a couple of hundred quid at the most would put right I've offered that to the person who hit me. Why? Because in the event of a claim BOTH of our insurances will be going up the following year even though I wasn't at fault. People forget that even though you're the innocent party that your insurance will also go up the following year even though it is a "not at fault, all costs recovered" accident.
    Originally posted by Tarambor
    I have found that my premiums went down!
    One time a guy ran into the side of my car (he was texting at the time) fortunately I took photo's ) he wanted to pay for the damage and I offered him to accompany me to the repair shop which was only a few miles away, anyways the repair was much greater than the couple of hundred quid he hoped, he then became elusive to calls from the insurance , so I went to the police (I too had to provide my documents) anyways 2 weeks later a letter arrived from Admirial informing they will honour the claim strange thing was the guy who crashed into my car his name had changed from the one he had given me.
    • GothicStirling
    • By GothicStirling 11th Nov 17, 8:05 PM
    • 966 Posts
    • 715 Thanks
    GothicStirling
    I bet they don't and if it is a crash for cash just wait for the injury claim.
    Originally posted by Warwick Hunt
    I'd like to see them find a no-win-no-fee solicitor willing to take their case on.
    • y3andy
    • By y3andy 11th Nov 17, 8:18 PM
    • 47 Posts
    • 26 Thanks
    y3andy
    First, we don't know that he wasn't insured.

    Second, that sounds suspiciously like blackmail, which is a much more serious crime than driving without insurance.
    Originally posted by Car 54

    No, it sounds exactly like blackmail. Two wrongs make a right don't they?
    Mortgage left - Jan 09 £99083
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    Mortgage free date - June 2019
    • arcon5
    • By arcon5 11th Nov 17, 8:28 PM
    • 13,105 Posts
    • 8,307 Thanks
    arcon5
    I agree with this and other similar comments above.... however the OP's relative's insurer may have reason to believe their client is not fully liable.
    Especially if they suspect a fraudulent claim from a 3rd party.
    He should report the incident to authorities and his insurer.
    Originally posted by DUTR
    That's nothing to do whether he's insured or not though. There's no suggestion of fraud here so him being uninsured doesn't change liability
    • Warwick Hunt
    • By Warwick Hunt 11th Nov 17, 8:51 PM
    • 563 Posts
    • 295 Thanks
    Warwick Hunt
    I'd like to see them find a no-win-no-fee solicitor willing to take their case on.
    Originally posted by GothicStirling
    Why not? Your liability is clear. Who drove into the back of a stationary vehicle!?
    • pinkshoes
    • By pinkshoes 12th Nov 17, 9:27 AM
    • 15,320 Posts
    • 20,871 Thanks
    pinkshoes
    Definitely NO cash.

    Involve the police and I would also notify the driver that he must also contact your insurance to claim and that the insurance will be notifying the police when he claims unless he can provide valid insurance details.

    If this driver has no insurance then I hope his car gets crushed.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • Car 54
    • By Car 54 12th Nov 17, 9:35 AM
    • 2,389 Posts
    • 1,553 Thanks
    Car 54
    Definitely NO cash.

    Involve the police and I would also notify the driver that he must also contact your insurance to claim and that the insurance will be notifying the police when he claims unless he can provide valid insurance details.

    If this driver has no insurance then I hope his car gets crushed.
    Originally posted by pinkshoes
    The driver does not have to provide insurance details to anyone but the police. His insurer (if he has one) is not involved since he will be claiming from the OP's relative.

    As for crushing, it isn't his car. The owner seems to be guilty of an insurance offence, whether the driver was insured or not.
    • seatbeltnoob
    • By seatbeltnoob 12th Nov 17, 10:25 AM
    • 245 Posts
    • 66 Thanks
    seatbeltnoob
    i would have settled with third party being a new driver. if there was just light damage for couple hundred quid can sort.

    by getting insurance involved SIL will have their premiums shoot up or stay the same high "new driver" rate for a lot longer to come
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