Who is liable for this crash

The_Undercover_ADI

You must now tell your daughter's insurers, as the involvement of solicitors and the insurance claim from the other party mean that it will be a matter of record that she has been involved in an accident.

If your insurers find out that they weren't notified at any point in the future (god forbid in a more serious situation, whether she is at fault or not) they may refuse to pay out.

It has already been stated that without this your daughter technically is still not insured - whether or not she has paid up for her policy.

Unfortunately this may mean that they cancel the policy, but the chances they may look generously on the situation will only decrease the longer you leave it. If the first time they find out is from a third party (police, other insurers or during an accident investigation in 3 years time) then you can guarantee that she will have her policy withdrawn - something which will ensure that she is not able to afford to drive, whether she needs to or not.

If they find out as the result of another accident they will certainly not pay out, for her car, for the other person's car or for any medical attention needed for anyone as a result - costs which can run into hundreds of thousands.

Tell them now and ask for their advice - they may be sympathetic, but if not then at least you will know and be able to plan for the eventualities.

RabbitMad

rose28454 wrote: »

Why would she do that? We heard from the accident management company today who said they would not take her case as her car is a driveable write off. Apparently if it wasnt driveable they would have probably have taken it as it is dependant on the hire care aspect? Anyway he said as been said on here that the accident and her lack of insurance are 2 different matters and we should call his insurers direct and say we are going to claim for her damage. If they dont agree thn go down the CC claim route.

Why - because the other guys insurance company (depending upon what he tells them) will want her insurance details. when they find out she is not insured they will report her to the police. By owning up to it she is likely to get a much less severe punishment.

when somebody indicating left, weaving to the left and going very slowly ran into my father when he pulled out in front of them thinking they were turning he was held 100% at fault. Presurising his insurance company they agreed to call it 80/20 so he had to pay a smaller excess but I'm not convinced the insurance co passed 20% to the other company. Therefore I don't see why anybody is suggesting it is 50/50 or saying you DD should pay the guys repair cost.

LinasPilibaitisisbatman

RabbitMad wrote: »

Why - because the other guys insurance company (depending upon what he tells them) will want her insurance details. when they find out she is not insured they will report her to the police. By owning up to it she is likely to get a much less severe punishment.

when somebody indicating left, weaving to the left and going very slowly ran into my father when he pulled out in front of them thinking they were turning he was held 100% at fault. Presurising his insurance company they agreed to call it 80/20 so he had to pay a smaller excess but I'm not convinced the insurance co passed 20% to the other company. Therefore I don't see why anybody is suggesting it is 50/50 or saying you DD should pay the guys repair cost.

Thats because you dont assume someone is turning left until they actually turn left regardless of there speed, signals etc

In this case the OP daughter crossed the road and tbh there version of events deserves a lot of contemp

rose28454

My daughter was on the main road and had crossed the white line slightly due to te vehicle on the left of the Give Way being sticking out of the road but she was still driving straight ahead up the main road when the vehicle from the right Give Way drove into her side. She had not indicated right for pulling out to avoid the jutting out left motorist ( because you are not required to under the highway code- and I know people will dispute this but I helped my daughter and son with their Theory driving tests and the rules have changed. )
Secondly we have told the other driver she was not insured so his insurers know and under the Road Traffic Act you only have to inform the police if someone is injured or if you are unable to get the other drivers details within 24 hours. My daughter gave him her name and address straight away and informed him about the insurance within 24 hours. It is a civil matter regarding the accident and we are perfectly entitled to contact his insurers if we want to regarding the incident.
Lastly my daughter will be talking to her insurance company tommorow to make them aware of the accident but will not be going to the police. If she is reported then so be it and she will deal with it at the time.
She has been a silly girl and realises that but when she read some of the comments people had written on here she asked me not to put questions on here regarding her as she feels some of them have been quite unhelpful although I must say some others have been more helpful. The top and bottom of this is that yes she was uninsured but he drove into her and should not get away with it because of her stupidity.

cajef

rose28454 wrote: »

It is a civil matter regarding the accident and we are perfectly entitled to contact his insurers if we want to regarding the incident.

You can contact them but they will be acting on the information provided to them by the their customer, they are under no obligation to tell you anything.

rose28454

The accident mangement company said they would probably speak to me but if not we shall wait for a letter from them( if he is claiming she was at fault) or if not we will write directly to him. It may be that I am completely wrong about him and that he does think he was at fault.

Quentin

If you want to claim from the other driver, get a quote for the repairs and send it to him (or his insurer) with a letter telling him you hold him responsible and ask that he agree to reimburse you the cost of the repairs.

If he (or the insurers) refuses, then you need to decide if you want to pursue this by issuing a summons (at your expense initially) via the county court, and seeing if this brings the payment or it goes to court (again at your expense initially) for the judge to decide who is liable. If you win, the other party will be ordered to pay for the repairs plus your legal costs.

rose28454

Thats what I will do tommorow because somebody on here suggested we do it all in writing so that is the way to go. If no joy there then we will go down the small claims route as it is quite easy to do. My son did it last year for the Mobile Outlet who did not pay phone cashback but trhey went bust before it goit to court. Thanks for the advice

Smi1er

I have just read this thread in total disbelief:mad:

OP, you are trying to justify your daughters actions:o

If driver A is over the drink drive limit and is stationary, and Driver B comes along and drives straight into the back of Driver A then guess who is to blame. Yep, Driver A, because they are over the drink drive limit and basically shouldn't be there.

Your daughter drove on the public highway whilst uninsured. Period. There is no excuse, whatsoever.

Now I'm not disputing that the other driver drove into the side of your daughters car whilst your daughter was on a main road, but the fact is she wasn't insured to be on the actual road.

Your daughter can expect six points, a fine, to repair her own damage at her cost and a vastly increased premium because she has a claim against her and also six points for driving without insurance. Your insurance company will take care of the damage to the third party.

Quentin

Her insurance company won't "take care of the third party". She had no insurance company!