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    • Asbo1the1great
    • By Asbo1the1great 13th Apr 17, 7:08 PM
    • 6Posts
    • 1Thanks
    Asbo1the1great
    Had an accident, it turns out I'm not insured, it wasn't my fault
    • #1
    • 13th Apr 17, 7:08 PM
    Had an accident, it turns out I'm not insured, it wasn't my fault 13th Apr 17 at 7:08 PM
    Hi all,

    I'm after some advice on what to do. A while back I had a scrape. I was exiting a private car park when I decided I needed to go back into the car park. I drive a big van and cannot see anything that can't see my wing mirrors. I checked both mirrors and could see nothing so I started reversing and smashed into the front of a car that had stopped right up my rear end. We exchanged details and to my horror I got home and realised I was uninsured. I have received a letter from their insurance company stating that they think its my fault and that, unless they hear from my insurer within 14 days, they will file for legal proceedings. What should I do? As I see it I am not at fault here but I have buried my head in the sand for a while on this one because of other serious money pressures. It has just gotten too much and I freaked out and ignored it. Stupid!

    Kind regards C
Page 3
    • huckster
    • By huckster 16th Apr 17, 6:52 PM
    • 3,007 Posts
    • 1,257 Thanks
    huckster
    If the third party gave them the reg no. they might have checked MID and found no Insurance. Or they might realise no insurance, if OP responds saying they will deal with it or no response possibly suggests no insurance.

    I suspect the OP might decide to not bother responding and see what happens.
    • GDB2222
    • By GDB2222 16th Apr 17, 7:36 PM
    • 14,114 Posts
    • 75,977 Thanks
    GDB2222
    But if the car park is a public place how do you suggests he gets round their request to provide insurance details?
    Originally posted by AndyMc.....
    It clearly was a public space, and he doesn't have insurance, so he can't give them insurance details. So, all he can do is just say he's dealing with it himself. Not ideal, but what else can he do?

    Hopefully, he now has insurance, but I'm not betting on that.

    He reverses into another car and then denies it's his fault. Plus it's not his fault he's uninsured. Plus he can't afford to pay for the damage. (Not his fault, natch.) So, he's in deep, deep trouble, but possibly there's a tiny bit of wriggle room? I agree it's probably grasping at straws.

    On the plus side for him, insurance companies are just interested in dealing with claims as efficiently as possible. Reporting drivers to the police is time-consuming and not part of the remit. Just so long as he doesn't get somebody's back up by ignoring their letters.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • 2357
    • By 2357 16th Apr 17, 8:23 PM
    • 29 Posts
    • 60 Thanks
    2357
    As an innocent party who got hit by a negligent driver, my insurers and my claims management car were able to tell me immediately who the at fault driver was insured with. There's no way the innocent third party here and their insurers will not have realised what's going on.
    The more the at fault party makes life difficult for the unlucky innocent party the more they are likely to make sure he doesn't get away with what he's done in my opinion.
    Initially I hadn't thought of reporting the driver in my case to the police but after 8 weeks of him being obstructive I'd had a little time to do some research and discovered that his negligence constituted dangerous driving therefore I did report him. If he'd admitted it and my car had been repaired quickly I'd never have done so much digging on road traffic law.
    • 2357
    • By 2357 16th Apr 17, 8:26 PM
    • 29 Posts
    • 60 Thanks
    2357
    As an innocent party who got hit by a negligent driver, my insurers and my claims management company were able to tell me immediately who the at fault driver was insured with. There's no way the innocent third party here and their insurers will not have realised what's going on.
    The more the at fault party makes life difficult for the unlucky innocent party the more they are likely to make sure he doesn't get away with what he's done in my opinion.
    Initially I hadn't thought of reporting the driver in my case to the police but after 8 weeks of him being obstructive I'd had a little time to do some research and discovered that his negligence constituted dangerous driving therefore I did report him. If he'd admitted it and my car had been repaired quickly I'd never have done so much digging on road traffic law.
    • Retrogamer
    • By Retrogamer 16th Apr 17, 9:04 PM
    • 3,787 Posts
    • 3,772 Thanks
    Retrogamer
    But if the car park is a public place how do you suggests he gets round their request to provide insurance details?
    Originally posted by AndyMc.....
    Although there is a legal obligation to have insurance in this instance, there is no obligation to provide insurance details unless someone is injured.
    • alchemist.1
    • By alchemist.1 16th Apr 17, 9:27 PM
    • 851 Posts
    • 656 Thanks
    alchemist.1
    It clearly was a public space, and he doesn't have insurance, so he can't give them insurance details. So, all he can do is just say he's dealing with it himself. Not ideal, but what else can he do?

    Hopefully, he now has insurance, but I'm not betting on that.

    He reverses into another car and then denies it's his fault. Plus it's not his fault he's uninsured. Plus he can't afford to pay for the damage. (Not his fault, natch.) So, he's in deep, deep trouble, but possibly there's a tiny bit of wriggle room? I agree it's probably grasping at straws.

    On the plus side for him, insurance companies are just interested in dealing with claims as efficiently as possible. Reporting drivers to the police is time-consuming and not part of the remit. Just so long as he doesn't get somebody's back up by ignoring their letters.
    Originally posted by GDB2222
    You're grasping at straws. They would just ask the their insured to do it /if not a template letter.
    • AndyMc.....
    • By AndyMc..... 16th Apr 17, 11:13 PM
    • 730 Posts
    • 558 Thanks
    AndyMc.....
    Although there is a legal obligation to have insurance in this instance, there is no obligation to provide insurance details unless someone is injured.
    Originally posted by Retrogamer
    Section 154 of the road traffic act says otherwise.
    • lisyloo
    • By lisyloo 17th Apr 17, 8:16 AM
    • 21,261 Posts
    • 10,208 Thanks
    lisyloo
    And that's why I said if it were private, which a supermarket car park is not. It would be irrelevant how they got there if it were private as that is where the accident occurred.
    Originally posted by AndyMc.....
    Supermarket car parks are usually private land and not part of the public highway, they are however a public place. So privately owned land can be a public place.

    In the context of an accident claim I agree it wouldn't matter.
    In the context of a police prosecution the yes it would be beyond reasonable doubt that the vehicle never went on public road I.e. Would have to have stayed in the supermarket car park. I think the supermarket could dispute that if the police choose to pursue it.
    • AndyMc.....
    • By AndyMc..... 17th Apr 17, 11:08 AM
    • 730 Posts
    • 558 Thanks
    AndyMc.....
    Supermarket car parks are usually private land and not part of the public highway, they are however a public place. So privately owned land can be a public place.

    In the context of an accident claim I agree it wouldn't matter.
    In the context of a police prosecution the yes it would be beyond reasonable doubt that the vehicle never went on public road I.e. Would have to have stayed in the supermarket car park. I think the supermarket could dispute that if the police choose to pursue it.
    Originally posted by lisyloo
    The supermarket couldn't dispute it, their car park is a public place and you'd need insurance.
    • Retrogamer
    • By Retrogamer 17th Apr 17, 1:44 PM
    • 3,787 Posts
    • 3,772 Thanks
    Retrogamer
    Section 154 of the road traffic act says otherwise.
    Originally posted by AndyMc.....
    So it does!
    • lisyloo
    • By lisyloo 17th Apr 17, 1:44 PM
    • 21,261 Posts
    • 10,208 Thanks
    lisyloo
    I agree he needs insurance.
    People saying you don't on private land are talking about private places (like private farms) not public places.
    • GDB2222
    • By GDB2222 17th Apr 17, 2:28 PM
    • 14,114 Posts
    • 75,977 Thanks
    GDB2222
    Section 154 of the road traffic act says otherwise.
    Originally posted by AndyMc.....
    He wouldn't be prosecuted for that, but for the failure to have insurance, so it's a bit academic.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • AndyMc.....
    • By AndyMc..... 17th Apr 17, 2:44 PM
    • 730 Posts
    • 558 Thanks
    AndyMc.....
    He wouldn't be prosecuted for that, but for the failure to have insurance, so it's a bit academic.
    Originally posted by GDB2222
    And as I said, only if the car park is a public place. If it's not then there would be no prosecution.
    • Phreaky
    • By Phreaky 19th Apr 17, 5:59 PM
    • 45 Posts
    • 9 Thanks
    Phreaky
    Firstly, its entirely your fault. Whether or not it was done accidentally is irrelevant.

    Secondly, its beyond deluded to think the 3rd party insurer isn't going to bother checking your insurance status - why this evasive tactic is being suggested is beyond me, its more likely to screw you over than help you. Seek legal advice if you have the capacity to do so and be honest.
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