Who is liable for this crash

cogito

David_Aston wrote: »

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.

I'd like to think they matter too but there are clearly many drivers on the road who don't and whilst the police are using things like number plate recognition devices, the don't seem to be getting to grips with things. I don't know how much discretion the police have in this sort of situation but there is a chance that they won't do anything.

sdooley

She should admit the position to the other driver but if she is convinced the other driver is at fault make it clear she isn't going to pay a penny - appoint one of these no-win no-fee lawyers if they'll take it on perhaps.

And keep a record of the correspondence - do everything in writing - if the other driver so much as hints 'I'll not report this to the police if you pay me £x' that's blackmail and she shouldn't take it.

Yes it's a criminal offence to be uninsured and for a good reason but luckily no-one was hurt and your daughter has taken out insurance now. If it goes to the magistrates she will be fined - they have no real room for leniency - but if she's contrite she would hopefully be able to talk them out of a driving ban.

David_Aston

Fair comment cogito. However, would you not think that if the OP's daughter attempted to make any claims for anything with regards to this matter, the non insurance at the time of the accident, would come to light, and reduce all other matters to total insignificance?

cogito

David_Aston wrote: »

Fair comment cogito. However, would you not think that if the OP's daughter attempted to make any claims for anything with regards to this matter, the non insurance at the time of the accident, would come to light, and reduce all other matters to total insignificance?

I don't actually but then I'm not an expert. I think that the lack of insurance and the accident itself are separate issues as I said right at the outset.

Quentin

rose28454 wrote: »

So where do we go from here??

1) Report the accident to your insurer, (not for their help - they won't give you any, but to ensure your current policy is not voided due to the failure to disclose when you took out the new policy).

2) Await to hear from his insurers, and proceed from there - they will write regarding the incident and probably ask you to pass the letter on to your insurer.

At this point you will have to decide how to proceed! As you had no insurer your problem is whether to accept liability, or try and dispute it. Getting some legal advice may be worthwhile.

rose28454

Thanks for all your comments. I went online and found a company willing to take her case ( on a no win no fee basis) ans they have taken all the details and are dealing with it on our behalf. The lady said that just to let the no insurance aspect and the police take its course. If it is reported then so be it but she said as she was only uninsured for a few days nothing may happen anyway. So we will see what happens now. When I spoke to the other driver I said we would not call again and now we will let this company deal with it. Aside from the insurance issue he did drive into her car and cause the damage and not the other way around.

Idiophreak

David_Aston wrote: »

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.

Have you ever watched police camera action?

Someone nicks a car, drives it at 120mph for a hundred miles evading police, crashing into people's houses etc and at the end of it they get a £500 fine and a months ban or something daft...

The chances of someone getting a ban just for a couple of days without insurance seems quite small to me - I'd have thought a fine and 3-6 points would be more likely - which might not have the crippling financial effect on the OPs DD as everyone's making out.

I'm not saying that's the case...I'm no expert...and I'm not saying it's the way it should be, but ho hum.

TighterThanTwoCoatsOfPain

Just adding my tuppence!

If it were me i would have done anything (within reason! lol) to avoid telling him i was not insurered. I would have offered to pay for the repairs to his car without question.

You daughter can probably expect 6 points on her license and potentially a fine of a few hundred. Furthermore if she has been driving less than 2 years she will have her license revoked back to provisional and be required to re-take her test from scratch.

If this is the case (i hope its not) then she probably wont be able to afford to insure another car for a couple of years.

From your posts it seems that its not what you want to hear.

Please do bump the thread to let us know how you get on..

David_Aston

"Have you ever watched police camera action?"
No I haven't idiophreak! In my mid sixties I do still need to drive occasionally, but I guess watching those programmes would just make the experience even more trying than it is anyway.

mog_ktfc

There are two distinct issues here; one there was an accident and two the lack of insurance. Neither has anything to do with the other, one is a civil matter and one is a criminal matter, no insurance has no bearing on negligence. In fact even in the theory someone suggested of a drunk driver hitting a car that pulls out in front of them, whilst driving in that state may be a contributory factor it does not exonerate the sober driver.

As far as the accident goes then yes legally your daughter should have given insurance details, or in this case stated that she was uninsured. However, given that there were no injuries and the police haven’t been involved no one is likely to pursue this.

With regards to the circumstances, if your daughter was on the main road and the other driver pulled out of the side road them the balance of probability is that it was his fault. Your daughter was proceeding correctly and was there to be seen. The onus is on the driver who is coming on to the main road to ensure that is safe to do so, regardless of which direction your daughter was driving or whether she was on the wrong side of the road, he should have looked both ways before emerging. This is based on the circumstances as you gave them though. I would under no circumstances have offered to pay for his repairs; effectively your daughter has now prejudiced her position, although at least you didn’t write it down for him.

I would pursue his insurance company for your daughter’s repairs, if she is TPFT you would have had to do this anyway, even if she had had insurance in place.

With regards to driving whilst uninsured then if he reports it to the police then it is up to them to pursue it, or not. I seriously doubt that his insurance company will report it.

I have known of people who have been found to have no tax or no MOT and not been prosecuted.

If the other driver’s insurance company decide that they think your daughter is at fault then they can pursue her for the money and in all likelihood you will end at some kind of arbitration or small claims court, but that is assuming that the other driver is willing to attend, lots of people won’t go that far.

Whilst clearly your daughter shouldn’t drive without insurance and not opening mail or perhaps not the wisest way to deal things, there was no flagrant disregard for the law, lots of people break a number of laws all of the time, just think of the number of people who avoid paying VAT.