Who is liable for this crash

tinkerbell84

Can your daughter get to work by public transport?

If Directline cover the costs, you can bet your bottom dollar that your daughter is going to be prosecuted for driving with no insurance.

Mojisola

rose28454 wrote: »

If you make a claim for an accident that is not your fault and the driver of the car that hits you is not insured, you will not lose your no claims discount or have to pay any excess.

I think this applies to a person insured by Direct Line who is hit by an uninsured driver.

tinkerbell84

Mojisola wrote: »

I think this applies to a person insured by Direct Line who is hit by an uninsured driver.

yes.........

uktyler

rose28454 wrote: »

I
The only problem is with this that it was not DD'S fault or should she just say it was her fault so he can claim from Direct Line and can pay her own damage costs?

The uninsured drivers clause is for when you get hit by uninsured drivers.

Your daughter had defaulted on payments, wherefore had no insurance, your insurer could very easily tell you to sort it out yourself.

Even if the accident was the other drivers fault one call to the police will put your daughter in a very difficult position.

Has the other driver admitted responsibility?

If he wants the insurance companies to sort it out your daughter is in trouble.

If his insurance company pay up they will come after your daughter to pay them, so thats damage repairs, car hire, legal fees and police involvement.

rose28454

Mojisola wrote: »

I think this applies to a person insured by Direct Line who is hit by an uninsured driver.

Yes I understand that. I am only thinking of a way to help get the best resolution to this. I am going to wait and see what his insurers say when they write to my DD. I am just a mother doing what any mother would do for her child. Please do not condemn me for it!

uktyler

rose28454 wrote: »

Yes I understand that. I am only thinking of a way to help get the best resolution to this. I am going to wait and see what his insurers say when they write to my DD. I am just a mother doing what any mother would do for her child. Please do not condemn me for it!

We don't condemn you, however your daughter has been foolish, and now it looks like she is going to pay for it.

I take it the other driver is denying responsibility for the crash?

Does he know your daughter was uninsured?

Was there further damage to his car other than number paint/scuffed paint?

exup

If you are at a give way - then you MUST give way to ALL traffic on the main road ahead. regardless of which side of the road they are driving.

Such as in the case of passing a parked vehicle near a junction - forcing you to cross to the other side of the road. A driver wanting to emerge and turn left into your path MUST give way - but so often they forget and think they only have to give way to the right (and in some cases only lokk right before pulling out).

So normally it would be the fault of the driver who failed to give way.

The highway code suggests caution when overtaking near a junction for the above reason, and says you shouldnt do it. but then again - the highway code is not law - it is just a guide (it can be used in a court of law to prove a point of the road traffic act - but its the RTA which is the law not the highway code).

However any insurance claim and claims court may take the view that an uninsured drive should not be on the road, and had they been complying with the law then the accident would not have happened at all. Same as with a drunk driver being involved in an accident - all bets are off, and the book is thrown at the offending driver.

Fortunately no one was seriously hurt - because the brown stuff would have really hit the fan..

(What do I think of uninsured drivers - well - speaking as an ex motorcycle instructor who made dame sure that all my vehicles were roadworthy and iinsured, and now working for the ambulance service - what I really think isn't printable).

rose28454

uktyler wrote: »

We don't condemn you, however your daughter has been foolish, and now it looks like she is going to pay for it.

I take it the other driver is denying responsibility for the crash?

Does he know your daughter was uninsured?

Was there further damage to his car other than number paint/scuffed paint?

He would not discuss the accident when we went to his house this morning. No he does not know she was not insured yet and when we looked at his car there was just a brokennumber plate and a scratched bumper. He rang tonight and said hid bumper needed some brackets aswell and even though he has an excess of £325 he would be going through the insurance. My daugters ar door is stoved in and the paintwork is cracked and I am would say her damage is worse. Not sure how to proceed now?

rose28454

I think that we will call our own insurers for advice tommorow or is that a bad idea??

uktyler

rose28454 wrote: »

I think that we will call our own insurers for advice tommorow or is that a bad idea??

They are going to find out, whether or not they will do anything to help you is a different matter.

Legitimately they can make you sort it out yourselves.

If the other drivers car needs a new bumper, or the old one sprayed then it will be off the road for a few days, he will want a replacement.

Can you offer him cash to repair his own car, maybe sell your daughters car to pay for it?

It will be a cheaper option, even if you don't pay for the repairs to his car, just in fines and increased insurance premiums, plus if the police find out it may mean your daughter will not be driving for a while.