Who is liable for this crash

tinkerbell84

rose28454 wrote: »

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.

She doesn't have an alternative.

She's going to have to find another way to get around too if she is reported, because she won't be able to afford to drive.

rose28454

tinkerbell84 wrote: »

She doesn't have an alternative.

She's going to have to find another way to get around too if she is reported, because she won't be able to afford to drive.

I am off to bed now although I dont think I will be able to sleep. I think you almost wish she gets prosecuted by the tone of your post!

tinkerbell84

rose28454 wrote: »

I am off to bed now although I dont think I will be able to sleep. I think you almost wish she gets prosecuted by the tone of your post!

I don't wish it at all. But the odds are she's going to have to deal with it, and you don't seem to be taking it seriously (by the tone of your posts).

I hope you sleep.

rose28454

tinkerbell84 wrote: »

I don't wish it at all. But the odds are she's going to have to deal with it, and you don't seem to be taking it seriously (by the tone of your posts).

I hope you sleep.

Of course I am taking it seriously but am hoping the other driver accepts our offer of payment once he has got 2 quotes and that he does not report her.

tinkerbell84

I hope it works itself out.

rose28454

Well we called him this morning and told him her policy had expired and offered to pay for the damages ourselves and he said he could not do that as his wife is a policeman. Therefore he wants to go through the insurance. So where do we go from here?? Do we ring our insurers and report the accident and ask for their help? Do we go to the police ourselves? And can she claim for her damages from his insurers? However I am a bit relieved as matters will take their course and what will be will be!

nickmack

rose28454 wrote: »

Well we called him this morning and told him her policy had expired and offered to pay for the damages ourselves and he said he could not do that as his wife is a policeman. Therefore he wants to go through the insurance.

I'm not sure what his wife being a policewoman has to do with how the damage is paid for. As long as the requirements of the RTA are met and insurers informed, it's perfectly legal and acceptable to settle the damage without claiming using the insurer. I can only guess the revelation that the other party is not insured has made him realise he has the 'upper hand'.

So where do we go from here?? Do we ring our insurers and report the accident and ask for their help?

As you previously stated the insurer has not backdated the policy, they are not likely to offer any assistance in relation to the claim. They should still be informed of the accident though as it's a material fact that needs to be disclosed.

Do we go to the police ourselves? And can she claim for her damages from his insurers?

I'm not sure there's any benefit in incriminating your daughter. If the other parties insurer (or their wife) decides to report you, then matters will take their course.

If your daughter decides to pursue for her damage, she'd have to handle the claim herself. This may not be straightforward and could also be costly. It's a difficult decision, but I think it depends on how the other driver takes this forward.

cogito

Why on earth would anyone take responsibility for an accident that wasn't their fault whether they are insured or not? The OP should pursue her claim for repairs to her car regardless of anything else. If she doesn't get her own repair costs back, she should at least be able to avoid paying for the other driver's repairs. The other insurers are hardly likely to sue over £300 unless they have a rock solid case - and they haven't. The other driver could lose his no claim bonus and it wouldn't hurt to remind him of that.

Even if the matter is reported to the police, there is a chance, even if it's only a small one, that they won't take any action.

David_Aston

Are you saying cogito, that the police would take no action over an uninsured driver? If so, what about no mot or road tax? For the amount that I have laid out on those items over the years, I really would like to think they matter.

uktyler

cogito wrote: »

Why on earth would anyone take responsibility for an accident that wasn't their fault whether they are insured or not?

As we don't know what happened at the scene we don't know who is to blame.

The OP's daughter has no insurance to either pay the claim or defend against it. Most comments telling her to pay were aimed at this matter not being reported to the police, which is going to be way more costly than the repairs.

Even if the accident was not her fault paying the other drivers costs to prevent prosecution and the subsequent premium increase would have made financial sense.