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  • FIRST POST
    • ljs2306
    • By ljs2306 12th Oct 16, 10:04 AM
    • 6Posts
    • 1Thanks
    ljs2306
    hit by stolen car advice please
    • #1
    • 12th Oct 16, 10:04 AM
    hit by stolen car advice please 12th Oct 16 at 10:04 AM
    on Monday night my parked car was hit by a stolen car which police were chasing mine is almost certainly write off I was just after advice as to where I stand with insurance claim
Page 1
    • uknick
    • By uknick 12th Oct 16, 10:18 AM
    • 489 Posts
    • 218 Thanks
    uknick
    • #2
    • 12th Oct 16, 10:18 AM
    • #2
    • 12th Oct 16, 10:18 AM
    http://www.thompsons.law.co.uk/road-traffic-accidents/road-accidents-uninsured-stolen-vehicles.htm


    In effect it says;


    if the stolen vehicle was identified and also insured then the insurer may pay out.

    if not, you have to make a claim through the MIB.
    • Johno100
    • By Johno100 12th Oct 16, 10:20 AM
    • 2,394 Posts
    • 2,431 Thanks
    Johno100
    • #3
    • 12th Oct 16, 10:20 AM
    • #3
    • 12th Oct 16, 10:20 AM
    Assuming you have comprehensive insurance then claim on your insurance policy, that's what it is there for.
    • ljs2306
    • By ljs2306 12th Oct 16, 10:41 AM
    • 6 Posts
    • 1 Thanks
    ljs2306
    • #4
    • 12th Oct 16, 10:41 AM
    • #4
    • 12th Oct 16, 10:41 AM
    yes I do have fully comprehensive but will it affect my no claims and renewal ?
    • ljs2306
    • By ljs2306 12th Oct 16, 10:44 AM
    • 6 Posts
    • 1 Thanks
    ljs2306
    • #5
    • 12th Oct 16, 10:44 AM
    • #5
    • 12th Oct 16, 10:44 AM
    the car was stopped by police at the end of the road I have the ref number the police have given me and passed that onto my insurers
    • Richard53
    • By Richard53 12th Oct 16, 8:38 PM
    • 2,213 Posts
    • 1,912 Thanks
    Richard53
    • #6
    • 12th Oct 16, 8:38 PM
    • #6
    • 12th Oct 16, 8:38 PM
    yes I do have fully comprehensive but will it affect my no claims and renewal ?
    Originally posted by ljs2306
    If your insurers can claim back all their costs from the other driver, then your NCD won't be affected. Otherwise, it will. Remember, it's a no claim discount, not a no blame discount.


    Your future premiums may well be increased as well, as you are statistically a higher risk to them. It may not seem fair, but that's how it works.
    If all misfortunes were laid in one common heap whence everyone must take an equal portion, most people would be contented to take their own and depart. (Attrib. to Socrates)
    • Marktheshark
    • By Marktheshark 12th Oct 16, 8:45 PM
    • 5,317 Posts
    • 6,669 Thanks
    Marktheshark
    • #7
    • 12th Oct 16, 8:45 PM
    • #7
    • 12th Oct 16, 8:45 PM
    If the stolen car had insurance held upon it, they will be liable for the loss.

    The claim will be entered CUE database as soon as you contact the insurance company so you had no choice but to call your insurance or risk them canceling your policy.
    Brexit will become whatever they invent it to be.
    • Fat Walt
    • By Fat Walt 12th Oct 16, 9:19 PM
    • 602 Posts
    • 327 Thanks
    Fat Walt
    • #8
    • 12th Oct 16, 9:19 PM
    • #8
    • 12th Oct 16, 9:19 PM
    If the stolen car had insurance held upon it, they will be liable for the loss.

    The claim will be entered CUE database as soon as you contact the insurance company so you had no choice but to call your insurance or risk them canceling your policy.
    Originally posted by Marktheshark

    Even if the stolen car doesn't have insurance the police will have a surity against third party risks and this was a police accident.
    • straighttalker
    • By straighttalker 12th Oct 16, 10:13 PM
    • 701 Posts
    • 557 Thanks
    straighttalker
    • #9
    • 12th Oct 16, 10:13 PM
    • #9
    • 12th Oct 16, 10:13 PM
    Even if the stolen car doesn't have insurance the police will have a surity against third party risks and this was a police accident.
    Originally posted by Fat Walt
    Total rubbish. The Police car didn't hit the OP's car, it was the stolen car that did so. The Police have no liability whatsoever in this case.
    • Fat Walt
    • By Fat Walt 12th Oct 16, 10:31 PM
    • 602 Posts
    • 327 Thanks
    Fat Walt
    Total rubbish. The Police car didn't hit the OP's car, it was the stolen car that did so. The Police have no liability whatsoever in this case.
    Originally posted by straighttalker
    You need to read the definition of an accident.
    • straighttalker
    • By straighttalker 12th Oct 16, 11:32 PM
    • 701 Posts
    • 557 Thanks
    straighttalker
    The term "accident" doesn't feature in legal pleadings or insurance claims. I presume the driver of the stolen vehicle negligently collided with the OP's parked vehicle. If that vehicle is insured, the insurers of the stolen vehicle have a duty under the RTA to settle the OP's third party claim.

    If it's uninsured, the MIB will settle.
    • Fat Walt
    • By Fat Walt 12th Oct 16, 11:52 PM
    • 602 Posts
    • 327 Thanks
    Fat Walt
    The term "accident" doesn't feature in legal pleadings or insurance claims. I presume the driver of the stolen vehicle negligently collided with the OP's parked vehicle. If that vehicle is insured, the insurers of the stolen vehicle have a duty under the RTA to settle the OP's third party claim.

    If it's uninsured, the MIB will settle.
    Originally posted by straighttalker
    Look at owing to the ptesence of a motor vehicle on an road.

    The motor vehicle in this collision being the pursuing police vehicle.
    • Car 54
    • By Car 54 13th Oct 16, 12:03 AM
    • 1,401 Posts
    • 869 Thanks
    Car 54
    Look at owing to the ptesence of a motor vehicle on an road.

    The motor vehicle in this collision being the pursuing police vehicle.
    Originally posted by Fat Walt
    The Act says "owing to the presence of a mechanically propelled vehicle on a road, an accident occurs ".

    Did the accident occur owing to the presence of the police vehicle pursuing the (alleged) miscreant, or owing to the (alleged) miscreant's driving? I'd guess the latter, and I'm pretty confident a court would agree.
    • Rover Driver
    • By Rover Driver 13th Oct 16, 12:07 AM
    • 1,195 Posts
    • 553 Thanks
    Rover Driver
    Look at owing to the ptesence of a motor vehicle on an road.

    The motor vehicle in this collision being the pursuing police vehicle.
    Originally posted by Fat Walt
    The police vehicle may be considered to be involved in the accident as far as s.170, Road Traffic Act 1988 is concerned, but the liability for the damage is a completely different matter. It was caused by the negligence of the driver being pursued by the police.
    • Fat Walt
    • By Fat Walt 13th Oct 16, 12:08 AM
    • 602 Posts
    • 327 Thanks
    Fat Walt
    The Act says "owing to the presence of a mechanically propelled vehicle on a road, an accident occurs ".

    Did the accident occur owing to the presence of the police vehicle pursuing the (alleged) miscreant, or owing to the (alleged) miscreant's driving? I'd guess the latter, and I'm pretty confident a court would agree.
    Originally posted by Car 54
    Ask yourself this question, without the police vehicle being present who did it fail to stop for and if there were no police vehicle would there have been a pursuit?
    • Fat Walt
    • By Fat Walt 13th Oct 16, 12:10 AM
    • 602 Posts
    • 327 Thanks
    Fat Walt
    The police vehicle may be considered to be involved in the accident as far as s.170, Road Traffic Act 1988 is concerned, but the liability for the damage is a completely different matter. It was caused by the negligence of the driver being pursued by the police.
    Originally posted by Rover Driver

    Until you've seen the pursuit debrief you're just guessing.
    • Rover Driver
    • By Rover Driver 13th Oct 16, 12:21 AM
    • 1,195 Posts
    • 553 Thanks
    Rover Driver
    Until you've seen the pursuit debrief you're just guessing.
    Originally posted by Fat Walt
    The damage would have been caused by the driver failing to take proper care in respect of his driving, the fact that he was being pursued by the police could be considerd to be a contributory factor, as may be any criminal proceedings by the police, for instance, driving without due care and attention.
    • Fat Walt
    • By Fat Walt 13th Oct 16, 12:25 AM
    • 602 Posts
    • 327 Thanks
    Fat Walt
    The damage would have been caused by the driver failing to take proper care in respect of his driving, the fact that he was being pursued by the police could be considerd to be a contributory factor, as may be any criminal proceedings by the police, for instance, driving without due care and attention.
    Originally posted by Rover Driver
    So you've ruled out tactical contact immediately before the collision?

    Well done, you're obviously an expert. Are you police or pursuit trained? No.

    Until the full facts are known you're just guessing.

    Another !!!!.
    • straighttalker
    • By straighttalker 13th Oct 16, 12:29 AM
    • 701 Posts
    • 557 Thanks
    straighttalker
    I don't understand the point you're trying to make.

    Are you trying to assert that the Police were negligent in pursuing the stolen vehicle and forcing it into collision with the OP's parked car?
    • Fat Walt
    • By Fat Walt 13th Oct 16, 12:31 AM
    • 602 Posts
    • 327 Thanks
    Fat Walt
    I don't understand the point you're trying to make.

    Are you trying to assert that the Police were negligent in pursuing the stolen vehicle and forcing it into collision with the OP's parked car?
    Originally posted by straighttalker

    Why don't you google a road traffic collision.

    If you're struggling post back and I'll help you.
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