Who is liable for this crash

rose28454

Lets get a few things straight. Firstly my daughter and I both drove the car. Secondly the insurers and the police were fully aware of the cisrcumstances of the accident and the driver not being insured. Neither discussed the issue of fronting with us and the insurers subsequently transferred the insurance to the replacement car. At renewal she set up her own policy as the car was then in her name and she was living elsewhere so we were not sharing it. The insurance rep who came was an ex policeman ans said they just needed the details of the accident in case there was a claim. He did not interview me at all just my daughter. There was no mention of fronting. The insurance company has sent someone this morning and they are going to write off her car a pay her out. Still not heard from court but just waiting. I have written what has gone on her as honestly as I can and I did not need to mention the accident 4 years ago but used it to make a point not subject myself to more vitriol.

Cloister

I've just read through a lot of this thread, and a couple things I would like to say.

Everyone is really quick to condemn and dam the op's DD, I don't think you lot are so bloody perfect.

Yes I agree it was a silly mistake in the first place which should have been avoided, but nothing you lot will say can make any difference to what has happened it's done, so instead of berating her why not just try to offer a helpful solution, that's why she is here in the first place.

And on the subject of her friend borrowing the car, if a friend of mine wanted to use my car and told me they were insured I would have done the same thing as I know I am covered 3rd party to drive other cars, I wouldn't have said look mate I want to see your insurance certificate before I let you drive my car.

However I would have been !!!!ed if a lie had been told about me in court, I would want some kind of action against that.

Sometimes young people make silly mistakes, I know I did - I may not have ever driven without insurance but when I was 22, I ignored some letters. especially ones that told me I had gone over my O/D limit and been charged for it.

If I can clean up my act then I'm absolutely sure the op's DD can change her ways and this little lot might be a good little jolt. she may not have learned from the first one but she will. I used to be a bit of a lemming myself repeating the same mistakes but eventually learning by them, some people need to be burned a few times...

Sorry I have nothing constructive to add I just think that if all you want to do is bash the people concerned then post elsewhere, that's not what this forum is about people come here because they need help not to be shouted at because of the mistakes they have made.

Johnnyold_boy

Even if the person you lend your car to is insured to drive a car which is not their own, this insurance is almost certainly limited to 3rd party only. So lend someone your car only if you are willing to risk not being insured for any damage to your car.

danny69

Could I just say, the reason why insurance premiums are rising is because of idiots driving without insurance. Yes, I have made a mistake in the past, I have gone through a red light and been punished for that. I appreciate she is your daughter, and that you are doing everything to help her. My parents are much more responsible though, I have been brouhgt up to accept responsibility for my actions. You are meant to set examples for your daughter to live by, yet you are helping her to try wriggle out of this situation. Many responsible parents would report their sons/daughters for these kinds of crimes, they are setting examples. The irresponsability of some motorists spoil it for the rest of us. As I say, I have been brought up to accept my responsibilities and no excuses can be made for breaking the law.

rose28454

Cloister wrote: »

I've just read through a lot of this thread, and a couple things I would like to say.

Everyone is really quick to condemn and dam the op's DD, I don't think you lot are so bloody perfect.

Yes I agree it was a silly mistake in the first place which should have been avoided, but nothing you lot will say can make any difference to what has happened it's done, so instead of berating her why not just try to offer a helpful solution, that's why she is here in the first place.

And on the subject of her friend borrowing the car, if a friend of mine wanted to use my car and told me they were insured I would have done the same thing as I know I am covered 3rd party to drive other cars, I wouldn't have said look mate I want to see your insurance certificate before I let you drive my car.

However I would have been !!!!ed if a lie had been told about me in court, I would want some kind of action against that.

Sometimes young people make silly mistakes, I know I did - I may not have ever driven without insurance but when I was 22, I ignored some letters. especially ones that told me I had gone over my O/D limit and been charged for it.

If I can clean up my act then I'm absolutely sure the op's DD can change her ways and this little lot might be a good little jolt. she may not have learned from the first one but she will. I used to be a bit of a lemming myself repeating the same mistakes but eventually learning by them, some people need to be burned a few times...

Sorry I have nothing constructive to add I just think that if all you want to do is bash the people concerned then post elsewhere, that's not what this forum is about people come here because they need help not to be shouted at because of the mistakes they have made.

Thank you for another perspective on it. She has already taken more responsibility and will take whatever punishment is given , be it points and a fine or either. You can understand how upset she was when her friend lied in court but she is not a friend any more and my DD has distanced from that whole group and has learnt from it. I forgot to mention the girl in question was not driving her own car that night as her Dad was away and had locked the red diesel tank so she had no fuel. This I found out after the fact and I am sure that is why he was so willing to give us the car but maybe when she lied in court I should have reported the fuel fraud. The good news is the insurance have given her a price for her car and her and I will probably sell my car and buy one to share with her to save money. Now I wonder whos name we should insure it under. Mine or hers as we will share it 50/50!!

grannybiker

Rose,
Are you for real?
You keep raising the profile of this post, adding fuel to the fire of your critics, then get offended if people criticise! (see post 221, this was kindly meant advice by the way.)
Question... You just posted," The insurance company has sent someone this morning and they are going to write off her car a pay her out." (Post 222) and now "The good news is the insurance have given her a price for her car," (post 226.) How come? She wasn't insured- the whole point of this thread, although she later got cover if I recall correctly? No wonder premiums are going up for us all if we're now paying to cover people's cars after their accidents!
Now you're admitting to helping cover up the illegal use of red diesel.
My mind is well and truly boggled!

rose28454

grannybiker wrote: »

Rose,
Are you for real?
You keep raising the profile of this post, adding fuel to the fire of your critics, then get offended if people criticise! (see post 221, this was kindly meant advice by the way.)
Question... You just posted," The insurance company has sent someone this morning and they are going to write off her car a pay her out." (Post 222) and now "The good news is the insurance have given her a price for her car," (post 226.) How come? She wasn't insured- the whole point of this thread, although she later got cover if I recall correctly? No wonder premiums are going up for us all if we're now paying to cover people's cars after their accidents!
Now you're admitting to helping cover up the illegal use of red diesel.
My mind is well and truly boggled!

Yes I missed post 221 and I do agree.The insurers that sent a rep are the other driver,s company not hers/ We had not heard from him and just made a preliminary phone call last week to the insurers and they just took her details and sent the engineer out today. They did not even ask the circumstances of the incident and I presume he had told them what happened and also reported her non insured status ( which is where the police come into it hence their visit). It is a bit odd as the policeman sadi he told them that she drove into him?? And yes I should have reported them about the diesel. Thanks for your post and you are indeed right the thread should now die a death. Goodnight

Poppy9

I'm completely lost. I thought

• OP DD not insured at the time so her insurance won't cover accident or make claim from other party on her behalf
• Other party denying liability for accident so OP DD fixing the car herself.

Now I think I read

• OP DD insurance company came out to assess the damage to her car
• Other party's insurers also came out to assess damage to car and are accepting liability and are paying out.

rose28454

Poppy9 wrote: »

I'm completely lost. I thought

• OP DD not insured at the time so her insurance won't cover accident or make claim from other party on her behalf
• Other party denying liability for accident so OP DD fixing the car herself.

Now I think I read

• OP DD insurance company came out to assess the damage to her car
• Other party's insurers also came out to assess damage to car and are accepting liability and are paying out.

My daughter was not insured so her insurers not involved, other driver told us he would only communicate through his insurers, told police that she drove into him. However we made one call to his insurers to see what was happening and they just said they would send out assesor to look at her car. The engineer called and told us what he will recommend as a payout. I am as surprised as others at this. Putting the insurance aspect to one side ( and the police are dealing with this!!) I think the other driver did actually pull out and hit her and has told his insurers this and told them to expect a claim. Now I suppose she will be condemned for getting damages for somebody hitting her car and writing it off!!

Poppy9

rose28454 wrote: »

My daughter was not insured so her insurers not involved, other driver told us he would only communicate through his insurers, told police that she drove into him. However we made one call to his insurers to see what was happening and they just said they would send out assesor to look at her car. The engineer called and told us what he will recommend as a payout. I am as surprised as others at this. Putting the insurance aspect to one side ( and the police are dealing with this!!) I think the other driver did actually pull out and hit her and has told his insurers this and told them to expect a claim. Now I suppose she will be condemned for getting damages for somebody hitting her car and writing it off!!

Oh so she hasn't had an actual offer from the insurance company just the engineer's opinion on the value of the damage to the car and if the insurers accept liabilty what he recommends they offer.

From what I understand of insurers they will send someone out to assess damage before deciding whether they accept liability. I'm sure they will decide whether to accept liability based on the damage to both cars, the postioning on the road and what both parties say happened. To do this they have to assess both cars.