HELP!! Been in a prang with a provisional licence holder!

raskazz

onedaymyfriend wrote: »

Sorry Raskazz, could you explain that in layman's terms?

D#

I'll try, but to be accurate and make it simple is hard, as the legislation is quite complex!

Basically, if all the other aspects of the third party's insurance policy are OK - essentially, as long as she did not lie to them about any of her details when she got the quote and set the policy up - then her insurer will have to deal with your claim, regardless of the fact that she was driving unsupervised.

If she did give incorrect information to her own insurer when setting up the policy, then in theory her insurer could take court action to void her policy, which would have certain quite complicated implications for your claim - but it's very unlikely that this action would be taken, due to the cost that the third party's insurer would incur.

chilli_dog

Oneday,

use this site to see if she is insured. the oldest trick in the book is to get insurance, pay 2 months on it, then cancel the insurance. To any one other than the police she looks insured and she drives around with the insurance docs.

http://www.askmid.com/

onedaymyfriend

chilli_dog wrote: »

Oneday,

use this site to see if she is insured. the oldest trick in the book is to get insurance, pay 2 months on it, then cancel the insurance. To any one other than the police she looks insured and she drives around with the insurance docs.

http://www.askmid.com/

Thanks chilli!!

She is defo insured.

D#

Useless_with_wonga

If she is a provisional licence holder then the terms of her licence means she has to be supervised by a person aged over 21 years who has held a licence for 3 years. She must also display L plates.
As she has done none of these things she is driving other than in accordance with her licence and by virtue of that i am afraid that she is UNINSURED.
Her insurance will NOT be valid in the circumstances you have described.
Inform your insurance company of the facts and they will sort it. You also need to inform the Old Bill who will probably summons her to court and impound her car so that she cans not do it to anyone else.
Sorry to rattle on but this sort of thing really annoys me what if she had injured someone? It's bad enough that she has damaged your car but in comparison its only dented metal and not a ruined life.

FlameCloud

Useless_with_wonga wrote: »

If she is a provisional licence holder then the terms of her licence means she has to be supervised by a person aged over 21 years who has held a licence for 3 years. She must also display L plates.
As she has done none of these things she is driving other than in accordance with her licence and by virtue of that i am afraid that she is UNINSURED.
Her insurance will NOT be valid in the circumstances you have described.
Inform your insurance company of the facts and they will sort it. You also need to inform the Old Bill who will probably summons her to court and impound her car so that she cans not do it to anyone else.
Sorry to rattle on but this sort of thing really annoys me what if she had injured someone? It's bad enough that she has damaged your car but in comparison its only dented metal and not a ruined life.

I'm sorry to say but this is completly rubbish. As Rasskaz says, the road traffic act clearly states that the insurer cannot avoid the 3rd parties claim by relying on its own terms. The OP would be best suited to ignore what you've said.

Conor_3

onedaymyfriend wrote: »

Thanks for that Conor,

How sure are you that the insurance company are legally abliged to pay out?
D#

Because it is enshrined in law. If their customer is committing an offence when they have an accident, they still have to pay out the third party even though that offence renders the policy void.

In the case of an uninsured driver, you would make a claim against the Motor Insurance Bureau.

chuckley

u get into a prange...
u exchange details...
she contacts you stating shes a prov holder...
she also says she will pay cash for your car, for you to shut up...

and your hesitating?????
the answers staring u in the face mate.

onedaymyfriend

chuckley wrote: »

u get into a prange...
u exchange details...
she contacts you stating shes a prov holder...
she also says she will pay cash for your car, for you to shut up...

and your hesitating?????
the answers staring u in the face mate.

Not 100% sure which way your going with this?!?

I am hesitating, simply because I have opened the claim. And like Endure said earlier, it could be seen that I am helping someone to hide an offence. In the kind of job that I am in, if i do this I lose my job!

So...??

anewman

Not offering anything new, but if Conor is correct (and I have no reason to suspect otherwise) then the prudent, and right, thing to do is let it go through insurance. Most people obey the law, this person should not get their cake and be allowed to eat it.

You could of course get a quick quote (make sure it covers all faults) and ask the naughty person for the cash stating when you have the cash you will cancel the insurance claim. I suspect they would be unable to stump up the cash required within a couple of days (and would probably keep having excuses why they are unable to give you it yet, but their pay check is coming next month and you'll get it right away next month - then there'll be another excuse why there's no money - ad infinitum). But I would suggest you should have no feelings of guilt about letting it all go through insurance instead and letting the fact she was an unaccompanied provisional license holder come out.

Think of it from another perspective. What would you expect to happen to you if you were a provisional license holder and went out for a drive in your own insured car without being accompanied, knowing full well it is against the law, and you were pulled over by police or had an accident. If they've had the car for nearly a year (as it appears) and haven't yet passed their test, there's probably a reason - and the fact they drive illegally makes it all the worse. We don't want people like her on the roads when we're all fully legal.

banger9365

let the insurance company deal with it ,thats why we have insurance,if your full comp your car will get fixed