Who is liable for this crash

tsstss7

mog_ktfc wrote: »

She wont be covered for her own damage, but she will be covered for Third Party damage. They might try to recover from her but as they didnt cancel here insurance properly I am not sure how far she would get, yes they do have the right of recovery but they are unlikely to pursue it if it isnt financially viable.

I am not certain if the police can prosecute either if she still has the insurance certificate.

Also, even if she had surrendered the certificate and then went on to have an accident I believe her insurance company would still have to deal with the Thirtd Party claim, it used to be called Domestic Regulations Insurer, as far as I know that is still in place.

this may well be true - several years ago I took out insurance but the company involved never took any payments from me (other than the initial deposit) but I had received the documentation.

They had cancelled my policy but neglected to tell me!

I found out when I had to make an amendment to my policy and ended up having to take out a new policy. when I asked what would have happened had I been involved in an accident I was told they would have had to pay out even though I was technically not covered. (I was tpft btw so it would have been third party liability only). Maybe slightly different in this case but a similar thing in that I did not know my insurance had been cancelled (just assumed they were taking the dd as I had filled it out in the office for them).

briona

rose28454 wrote: »

She has had her licence for 5 years!

Scary! Having held a licence for 5 years but still not having gotten her head around paying for insurance! :rolleyes:

Swerving sharply to avoid a car jutting out from a junction sounds incredibly like a newbie error hence my wondering if she had only recently passed. After all, unless the road was especially narrow, for the other car to hit her it was very likely that she was well over the central white line.

If this does go to court she will get what's known as an IN10 conviction – a minimum of 6 points and a £180 fine. With this on your record, many insurers refuse to insure you in the future, and those that do, will charge heavily for the privilege, so it looks as though she will learn a costly lesson anyway.

uktyler

rose28454 wrote: »

Well we have not heard anything from his insurers or the police so dont know what is happening yet. She is still driving, is insured and her car is driveable.

Has she told her insurance company about the accident?

If not she may not be insured as she has failed to disclose relevant information.

rose28454

briona wrote: »

Scary! Having held a licence for 5 years but still not having gotten her head around paying for insurance! :rolleyes:

Swerving sharply to avoid a car jutting out from a junction sounds incredibly like a newbie error hence my wondering if she had only recently passed. After all, unless the road was especially narrow, for the other car to hit her it was very likely that she was well over the central white line.

If this does go to court she will get what's known as an IN10 conviction – a minimum of 6 points and a £180 fine. With this on your record, many insurers refuse to insure you in the future, and those that do, will charge heavily for the privilege, so it looks as though she will learn a costly lesson anyway.

Were you at the scene of the accident because it sounds like you could be a witness for the other driver!. He pulled out from the other side of a give way when she had moved out to avoid the guy who was sticking out of the other Give Way ( the guy who hit her said he saw the other driver but then said he did not remember anything else!!) What I cant understand is everybodies sincere hope that she gets 6 points and a fine. HE HIT HER NOT VICE VERSA!!

rose28454

uktyler wrote: »

Has she told her insurance company about the accident?

If not she may not be insured as she has failed to disclose relevant information.

She called them yesterday morning and told them what had happened. They said they would note it on her policy and that her premium would still be the same. She received her new papers this morning.

briona

rose28454 wrote: »

Were you at the scene of the accident because it sounds like you could be a witness for the other driver!. He pulled out from the other side of a give way when she had moved out to avoid the guy who was sticking out of the other Give Way ( the guy who hit her said he saw the other driver but then said he did not remember anything else!!) What I cant understand is everybodies sincere hope that she gets 6 points and a fine. HE HIT HER NOT VICE VERSA!!

Funny how no one else can make any assumptions but despite you not having been at the scene either you managed to reach the conclusions below! :rolleyes:

rose28454 wrote: »

I am beginning to think maybe drink or drugs are involved her (just a hunch) and that he was at fault. Also I drove across the junction today and I think he approached the junction quickly and did not see her.

You have already said that she is crap with money and doesn’t bother to open her post, or it would seem check her bank statements to see if payments have been made. Therefore this wasn’t some oversight but rather willful ignorance – why should we have to put up with idiot uninsured drivers on the road? If she doesn’t get punished for this, she’ll never learn and no doubt will be back uninsured when she blows next month’s wages on clothes.

He may have hit her but legally she should not have been on the road. It’s not clear cut that the accident is completely the fault of either one of them, but being uninsured is hardly likely to go in her favour.

I can assure you that if I were in your daughter's situation my mother would certainly NOT be trying to justify my actions – she has always instilled in us the mantra that for every action there is a consequence. Whilst you may consider 6 points on her licence and a fine a tad harsh, it may teach her to ensure that she's paid for her insurance in future, which could only be a good thing.

MrsKelly_2

briona wrote: »

Funny how no one else can make any assumptions but despite you not having been at the scene either you managed to reach the conclusions below! :rolleyes:



You have already said that she is crap with money and doesn’t bother to open her post, or it would seem check her bank statements to see if payments have been made. Therefore this wasn’t some oversight but rather willful ignorance – why should we have to put up with idiot uninsured drivers on the road? If she doesn’t get punished for this, she’ll never learn and no doubt will be back uninsured when she blows next month’s wages on clothes.

He may have hit her but legally she should not have been on the road. It’s not clear cut that the accident is completely the fault of either one of them, but being uninsured is hardly likely to go in her favour.

I can assure you that if I were in your daughter's situation my mother would certainly NOT be trying to justify my actions – she has always instilled in us the mantra that for every action there is a consequence. Whilst you may consider 6 points on her licence and a fine a tad harsh, it may teach her to ensure that she's paid for her insurance in future, which could only be a good thing.

I totally agree, what i find bizarre is not that people on here want her to be punished, that is natural for anybody who pays their bills, what isn't is to honestly think that by explaining how your child broke the law you would honestly think that people would say anything other than she should be punished!

And to make excuses up about what a hard few years she has had is just ridiculous, as far as i am concerned if you don't open your mail you know you are doing something wrong and owe people money, therefore are doing something wrong! :mad:

I am 23 have a 3 year old to look after aswell as being my husbands carer and running our home, yet i still make sure that i am fully insured and legal on the road, to make any excuse up for not doing this and expecting people to be kind about it is just unreal.

Having been driving for 5 years myself i do not see how 'slightly' crossing the line would cause a car to hit your door, i and i'm sure all drivers have done this without being hit on a daily basis with the way people park on the road side forcing you to do this, its hard to believe that it was just 'slightly'. And although you say the other driver did hit your daughter not the other way round she was 1. Uninsured therefore should never have been on the road, and 2. On the wrong side of the road.

Yes the other driver should have looked before pulling out but surely your Daughter should also have looked that the road was clear before she manouvered around the other car? The other driver may not have looked and consequently hit your daughter but isn't that the reason they teach hazard perception these days? So that you are aware of what could happen? As my old instructor taught me if you treat every driver as if they are going to do something wrong you will avoid accidents that aren't your fault.

If the situation was different and you were the victim of an uninsured driver would you still think it was ok to excuse them and say they shouldn't be punished?

rose28454

[quote=briona;145

I can assure you that if I were in your daughter's situation my mother would certainly NOT be trying to justify my actions – she has always instilled in us the mantra that for every action there is a consequence. Whilst you may consider 6 points on her licence and a fine a tad harsh, it may teach her to ensure that she's paid for her insurance in future, which could only be a good thing.
[/quote]

I am only trying to protect my daughter not justify her actions. He is insured with Direct Line who have a policy of paying their customers if they are hit by uninsured drivers ( they also pay their excess) and he has protected no claims. I have already said that if she goes to ourt then so be it. She is not the villian that people on here are painting her as rather just shortsighted as regards money. She has had a shock from this and has been much better already with money and is being paid on Tuesday and will be going to the bank on Wednesday to pay all her months bills straightaway Also my sister has given her a days work next week which will keep her in petrol and lunch money for the month. She has also applied for a job in the town where we live to keep costs down and so that if she has to stop driving she can still work. She is only at home for 15 months or so more and is then off to London to work and she wont have a car there anyway!

rose28454

MrsKelly wrote: »

Having been driving for 5 years myself i do not see how 'slightly' crossing the line would cause a car to hit your door, i and i'm sure all drivers have done this without being hit on a daily basis with the way people park on the road side forcing you to do this, its hard to believe that it was just 'slightly'. And although you say the other driver did hit your daughter not the other way round she was 1. Uninsured therefore should never have been on the road, and 2. On the wrong side of the road.

Yes the other driver should have looked before pulling out but surely your Daughter should also have looked that the road was clear before she manouvered around the other car? The other driver may not have looked and consequently hit your daughter but isn't that the reason they teach hazard perception these days? So that you are aware of what could happen? As my old instructor taught me if you treat every driver as if they are going to do something wrong you will avoid accidents that aren't your fault.

If the situation was different and you were the victim of an uninsured driver would you still think it was ok to excuse them and say they shouldn't be punished?

If is was the victim I would be pursuing the other driver for my losses but would not necessarily involve the police unless I thought he was a dangerous driver. The road was clear when she pulled out to get around the other driver but regardless he pulled into her path as he was tryingto pull out to go the same way as her. We are now waiting to hear from his insurers and maybe the police if he has told them. She knows she may have points and a fine and as I keep saying we will cross that bridge when we come to it. I did not come her and lie about her insurance I just asked the question about the accident!!

nico26

rose28454 wrote: »

He was suppusedly turning right so is to blame. I have already said that she has told his insurers she was not insured and if the police get involved then so be it. No need to be nasty. Have you never done anything wrong?

Our local paper used to do scenarios about car accidents. One that stuck out in my mind was a driver coming from a junction and turning left onto a main road. Another car on the main road coming in the opposite direction had to overtake a parked car.on a grass verge putting him across the white line. The result was the driver coming out of junction hit the car .Who was to blame? The driver coming out of the junction. He came out of the junction while unsafe to do so. You must look left and right coming out of a junction as you are turning onto another road and both sides of the road must be clear when doing so. It does not matter if the car was overtaking and on the wrong side they have the right of way.

Its a sticky situation.Luckily no one was injured.It would have been a different matter altogether. I hope your daughter has learned a very valuable lesson. No matter how hard a time she has had .I suggest if she is letting these things slip You should take control of them at present.