Who is liable for this crash

rose28454

My question about her insurers was whether it would affect her policy with them if she told them of the accident. My DD needs her car for work as she starts very early and cant catch a bus or train. She is an online University Student and works part time as she gets very little funding. I think maybe we will call him tommorow and ask him to get 2 quotes for the repairs. Then talk to him about the non insured aspect and see what he says. Hopefully he will maybe have some sympathy for her. Then if we end up having to pay I will ask my Dad to lend her the money to pay for the repairs to his and her cars. So is it best to keep her insurers out of it altogether.

tinkerbell84

:eek:

I think you need to work out what you're going to do if she gets prosecuted for driving without insurance. It's usually a £500-£1000 fine plus 6 points on her licence - and often a ban too - which will price her completely out of the insurance market.

As soon as you admit she was uninsured she risks prosecution.

Poppy9

rose28454 wrote: »

My question about her insurers was whether it would affect her policy with them if she told them of the accident. My DD needs her car for work as she starts very early and cant catch a bus or train. She is an online University Student and works part time as she gets very little funding. I think maybe we will call him tommorow and ask him to get 2 quotes for the repairs. Then talk to him about the non insured aspect and see what he says. Hopefully he will maybe have some sympathy for her. Then if we end up having to pay I will ask my Dad to lend her the money to pay for the repairs to his and her cars. So is it best to keep her insurers out of it altogether.

If she doesn't tell them and the other party's insurers do then they may cancel her policy, with no refund of any premiums paid, because she didn't disclose it.

Ian_W

rose28454 wrote: »

My question about her insurers was whether it would affect her policy with them if she told them of the accident.

Erm, can I quickly reprise what I understand of the last 3 pages.
1. Your daughter wasn't insured because she let the policy lapse due to an oversight.
2. You've now contacted the insurer and they've re-started the policy, though obviously not back dated it.
3. When you restarted the policy YOU DIDN'T INFORM THEM OF THE ACCIDENT?

If that's correct - YOUR DAUGHTER IS STILL UNINSURED as you've failed to inform the insurer of a material fact - the accident - so they can void the policy for that reason.
All, of course, in my humble opinion.

Mojisola

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!

I read it that you thought that Direct Line would pay out to the other car because your daughter was uninsured at the time!

I don't think anyone is condemning you - your DD is in a very difficult situation. By law, if asked, she has to give the other driver her insurance details. As she wasn't insured at the time, she can't comply with the law.

If the other driver realises something isn't quite right, he may try to get you to pay for his repairs (and more!) because he's got the upper hand.

The insurance company is not going to take kindly to her getting a new insurance policy with them and not telling them about the accident.

The only good thing that may come out of all this is that your daughter might start to take more responsibility for her own life. It sounds as if yours has been hard enough recently without her complicating it further.

rose28454

Mojisola wrote: »

I read it that you thought that Direct Line would pay out to the other car because your daughter was uninsured at the time!

I don't think anyone is condemning you - your DD is in a very difficult situation. By law, if asked, she has to give the other driver her insurance details. As she wasn't insured at the time, she can't comply with the law.

If the other driver realises something isn't quite right, he may try to get you to pay for his repairs (and more!) because he's got the upper hand.

The insurance company is not going to take kindly to her getting a new insurance policy with them and not telling them about the accident.

The only good thing that may come out of all this is that your daughter might start to take more responsibility for her own life. It sounds as if yours has been hard enough recently without her complicating it further.

I looked up the road traffic act and it says she has to either give him her details or say she was not insured in order to comply with the regulations. Therefore she is going to call him tommorow and tell him that she is not insured and ask him to accept her offer of payment for his repairs and ask that he not pursue it with his insurers. As far as we know he has just told them there was an accident and nothing else.
Then we just have to hope he does not find it necessary to inform the police although I am sure somebody on here will say she deserves prosecution!

mrposhman

I would be a bit worried for your daughter.

First and foremost, I don't think not paying your insurance premium for 1 month but 2 months and ignoring your post is an oversight, sounds like burying your head in the sand to me. You need to approach this problem with your daughter as much as the impending problem with the accident.

As for the accident, in terms of fault, if your daughter had been insured it would appear to be his fault. As it would appear he did not give way when turning right, it may have been a different conclusion based on turning left.

However, she was uninsured and as stated in many other posts this now makes her completely liable not only for the accident but also for the criminal trial.

Think for example, a drunk driver is driving home, another driver hits him. Who is at fault? Clearly the drunk driver is, he will face a criminal conviction, probably lose his licence and will not be able to claim off his insurance.

The same thing is going to happen to your daughter.

Sorry if this is not what you want to hear but you came on here for advice and generally have been given advice that you don't want.

uktyler

rose28454 wrote: »

Then we just have to hope he does not find it necessary to inform the police although I am sure somebody on here will say she deserves prosecution!

Good luck, your daughter needs to learn to take responsibility for her actions. I'm sure she will be checking her post and making sure her insurance is paid.

Uninsured drivers cost everyone else money, if your daughter gets away without prosecution she will be lucky, don't let her do it again.

rose28454

tinkerbell84 wrote: »

:eek:

I think you need to work out what you're going to do if she gets prosecuted for driving without insurance. It's usually a £500-£1000 fine plus 6 points on her licence - and often a ban too - which will price her completely out of the insurance market.

As soon as you admit she was uninsured she risks prosecution.

But what is the alternative to admitting it? We either have to give him insurance details or say she was not insured ( In order to comply with the Road Traffic Act). We just have to hope he will accept the money from us but it does make me mad she has got herself in this position and even though he hit her she will have to pay the costs.

maxheadroom

Don't underestimate damage that can underlie a broken number plate, esp if significant damage to other vehicle.

A couple of yeras my next door neighbour reversed into my car - foot slipped off clutch all that could be seen on the outside was a broken number plate but when taken to the garage it was found to had broken teh bumper mounts and bent the bumper beam (basicaly first bit of crumple zone) nessecitating £1600 of repairs. - needless to say was an insurance job. £325 sound a bargain