Help on illegal drivers please!!

mickyg6656

I have been driving for 9 years and have 4 years no claims; i was involved in a traffic accident last week with a provisional driver that is 21 that had no-one of age supervising him in the vehicle.

My insurance company are advising me that it is my fault, which i understand. I was stopped at a t junction to turn right as another car was turning into the road i was coming out from. i looked both ways found the biting point and pulled off as to me it was clear to go. Bang, I went into the driver’s door of the 3rd party.

My argument is that i do not believe the 3rd party was there when i pulled off but I cannot prove otherwise as the CCTV doesn’t show the incident it only shows the aftermath. I can accept that but what i cannot accept is that my insurance company say my policy has to repair the 3rd party vehicle when he clearly should not have been on the road.

He was a young lad with 3 young girls in the car and when the accident happened he made them run off as he knew he wasnt supposed to be on the road. He also bragged he could drive properly as he had been driving illegally on the road for 6 years!! When he is 21 now????

I have notified the police and got a crime reference number, they are not really that interested. They said they done checks on the computer and he seems to have a licence they think he told me out of maliciousness that he was only a provisional driver...... why would he do this... he was clearly panicking and knew he was wrong at the scene.

I feel my policy should not cover his repairs due to him voiding his 3rd party fire and theft insurance when he drove without supervision on the road; I have to note he lived in another town which he used the motorway to get to Luton where the incident happened.

I have insured my tints and my alloys on my policy but you can bet that if I hadn’t declared them that I wouldn’t be getting my car repaired now. Why is someone allowed to get away with having a blatant disregard for the law.

What will it take to get this boy off the road before he kills someone?

Please let me know what your thoughts are with this case.

Look forward to hearing from you.

Regards

Michelle

mickyg6656

Y should my policy go up for repairing his vehicle when he shouldnt have been on the road.?????

Quentin

Your argument doesn't work at all.

What if your negligent driving had resulted in you knocking down and killing someone who you discovered had escaped from jail? You would say it's not my fault cos he shouldn't have been there!

mickyg6656

Not at all, i had my 5 year old son in the car... like i am just goin to pull in front of a moving car on purpose. Who's to say this boy wasnt larking about in the car showing off to the 3 young girls just pulled off of the side into me..... this is why i wanted CCTV to show what really happended as i cannot understand why i would have pulled out infront of a car when i was already at a give way junction waiting for another car to come past me anyway...??? Seems everyone is on the illegal drivers side...... lol

Its my word against his at what happened and i say he most definately was not there when i pulled out of the road.......

anewman

I wonder if the police checked the license of the registered owner of the car, rather than the driver you refer to?

Sounds to me like either he was speeding or you didn't look properly in the direction he came from?

mickyg6656

Thanks for your message anewman ........

my issue is do u think he should be paid out bearing in mind he wasnt legal on the road in terms of a full licence which would have made his insurance null and void ???

anewman

Well if nothing else he should be charged for driving without a license or insurance or whatever (assuming he did only have a provisional). My understanding is if caught without insurance any car you own legally gets crushed if you don't buy insurance and pay some sort of fine. Would be a shame for your insurance to pay to repair it only for the car to be legally crushed later.

robnye

unfortunately,
1)its a case of your word against his.
2) he was one the main road, you where joining - so the fault will lie with you.

whether he should have been on the road or not is down to your insurance company to investigate,
as you only have his word that he wasnt legally on the road

as they say life sucks......

Yorkshire-Lady_3

But if the police have checked him and said he HAS a license, then there's not much you can do.

Quentin

You are clutching at straws - the legality of your victim's paperwork doesn't excuse your responsibility! Would you use the same argument if you spotted his tax disc was out of date?

mickyg6656

I dont see y the 3rd party would lie and say he had a provisional licence if he had a full licence!!!

ok i understand i am clutchin at straws because i am a legal driver and pay my insurance and mot and tax and do things proper.

I'm just gutted that gonna lose NCD and have a higher premium when this boy is sailing through it in no trouble and will no doubt be back on the road illegally once his vehicle is repaired.............

Thanks