Who is liable for this crash

Quentin

People who avoid paying taxes are not breaking the law. The word you are looking for is "evade", not "avoid".

And tax evaders don't risk injuring totally innocent people and then not having any insurance to compensate them!

Clive_Woody

Quentin wrote: »

People who avoid paying taxes are not breaking the law.

Are you suggesting that payment of Tax is optional?

Quentin

Depends how good your accountant is!

mattymoo

mog_ktfc wrote: »

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...................

............... 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.

Excellent post - sums it all up rather well.

RabbitMad

Can I suggest your daughter goes into the police station herself and declares that she wasn't insured - explain the oversight etc.

I bet the PC would be only too willing to offer her a fixed penalty of 3 points plus a £200 fine.

Then she should look to claim the cost of her repair off the other guy as he was at fault.

rose28454

RabbitMad wrote: »

Can I suggest your daughter goes into the police station herself and declares that she wasn't insured - explain the oversight etc.

I bet the PC would be only too willing to offer her a fixed penalty of 3 points plus a £200 fine.

Then she should look to claim the cost of her repair off the other guy as he was at fault.

Why would she do that? We heard from the accident management company today who said they would not take her case as her car is a driveable write off. Apparently if it wasnt driveable they would have probably have taken it as it is dependant on the hire care aspect? Anyway he said as been said on here that the accident and her lack of insurance are 2 different matters and we should call his insurers direct and say we are going to claim for her damage. If they dont agree thn go down the CC claim route.
The more I think about this I think there was something going with this guy that morning, He told my daughter after the accident that he was going on to work but went home instead and called us a couple of hours later. Also when we went to see him he said he saw the other van but then said he couldnt remember the accident. I am beginning to think maybe drink or drugs are involved her ( just a hunch ) and that he was at fault. Also I drove accross the junction today and I think he approached the junction quickly and did not see her.
Am goinbg to call his insurers tommorow and see where we go from there. He has not actually said he wont pay. Re the insurance we will see what happens.

LinasPilibaitisisbatman

rose28454 wrote: »

Why would she do that? We heard from the accident management company today who said they would not take her case as her car is a driveable write off. Apparently if it wasnt driveable they would have probably have taken it as it is dependant on the hire care aspect? Anyway he said as been said on here that the accident and her lack of insurance are 2 different matters and we should call his insurers direct and say we are going to claim for her damage. If they dont agree thn go down the CC claim route.
The more I think about this I think there was something going with this guy that morning, He told my daughter after the accident that he was going on to work but went home instead and called us a couple of hours later. Also when we went to see him he said he saw the other van but then said he couldnt remember the accident. I am beginning to think maybe drink or drugs are involved her ( just a hunch ) and that he was at fault. Also I drove accross the junction today and I think he approached the junction quickly and did not see her.
Am goinbg to call his insurers tommorow and see where we go from there. He has not actually said he wont pay. Re the insurance we will see what happens.

1) The accident company wont get involved because they know there is no case to answer, they obviously intended to give your daughter a £5 hire Ka and then claim about £100 a day off an insurer and have realised this is not possible

2) Trying to suggest the guy was drunk etc is disgusting, the only person here breaking any significant law was your daughter and your and hers attempts to absolve the blame of that is a joke

3) Nothing you have said convinces me he was to blame, your daughter crossed onto the wrong side of the road

You can attempt to claim off his insurers directly but I have no doubt they will just fight you hard knowing fine you wont win or be able to afford to win

jonnyd281

Hate to say this but I always thought you had to report any road accident to the police within 24 hours of it occuring?

Horace

rose28454 wrote: »

Lets put some perspective on this matter. Firstly she is 22 and has had a terrible couple of years ( aneroxia, a suicidal alcoholic father, having to leave home for a year etc). She now lives with me alone and we are strugglng to keep a roof over our heads. I am sure she did not realise that not opening her post could lead to this and we are going to explain to the other driver and see what happens. But she is not a heroin dealer or murderer so people should back off a little bit with the high handed attitude. Lets not forget he pulled out and hit her not the other way round. She is just a young woman who made a silly mistake not a mass murderer!!

She is an adult and I have little sympathy with her being uninsured, to claim that she has had a tough few years then so have a lot of people and it isn't a reasonable excuse. If she has money to spend on clothes then she has money to pay for her insurance. It is time that she grew up and stopped relying on mum to bail her out.

At the moment your daughter is stuck between a rock and a hard place - she crossed the white line and was involved in an accident with a vehicle on the other side of the road. It could be classed as 50/50 because he shouldn't have pulled out. The best thing would be for her to pay for his damage. I doubt that he will go to the police because you have to report an accident to the police within 24hrs of it happening. As for him going home after the accident, surely he is entitled to after all he had been in an accident and shock can affect people in different ways. I find it abhorrent that you are suggesting that this man was driving under the influence when it was your daughter who was driving on the wrong side of the road and being an uninsured driver as well!

Driving without insurance has consequences and very often uninsured drivers are involved in accidents that kill people - so yes that is tantamount to murder. I know what it is like to be involved in an accident with an uninsured driver and I have had friends who have been killed by such people.

One thing that your daughter will have to do when she renews her insurance next year is tell them about the accident because you have to disclose all driving convictions as well as any accidents she has been involved in both fault and non-fault. If she chooses not to say and they find out then she could be refused insurance altogether.

Remember she is 22 and no longer a child so she must face the consequences of her actions.

cajef

rose28454 wrote: »

1. I am beginning to think maybe drink or drugs are involved her ( just a hunch ) and that he was at fault.

2. Also I drove accross the junction today and I think he approached the junction quickly and did not see her.

3. Am goinbg to call his insurers tommorow and see where we go from there. He has not actually said he wont pay. Re the insurance we will see what happens.

1. I hope you have some evidence to back up these allegations, otherwise you may also find yourself in trouble.

2. So now you are capable of knowing what happened when you were nowhere near the accident at the time, as has been said by many people there are two versions of events and we are only getting one which I would hazard to say is more than slightly biased.

3. It is not your position to contact his insurance company you are not their customer, they are acting in his interest not yours.