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Question about car insurance accident related

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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Not sure what you mean by "amateur".

    There are circumstances where a full and final settlement letter can be challenged (even if the accompanying cheque has been banked). (EG the letter could be sent to an organisation where the post was opened in a post room (ie not by the recipient), the cheque paid in to the bank and the letter passed on to the recipient's in tray - on reading the letter the recipient would then be able to refute the full and final setlement part, and refund the money, even though the original cheque had been banked).
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I mean one written by an individual without the intervention of a solicitor, which could be done when settling outside of insurers.

    I believe you can write you own will so I would guess that it would be binding unless there was a compelling reason otherwise e.g. faked.
  • Quentin
    Quentin Posts: 40,405 Forumite
    In these circumstances (ie a "blackmail" offer to pay only half the true cost of the damage caused), then it could easily be turned over.

    In ordinary circumstances you can write your own, but better to make it a "full and final" settlement receipt.

    ie. Get it signed as a receipt for the money (hand it over as cash - then you aren't relying on the third party not changing their mind and returning the cheque).
  • London05
    London05 Posts: 130 Forumite
    mattymoo wrote: »
    The lack of insurance is a criminal matter dealt with by the Police and magistrates courts.

    The claim for accident damage, injuries etc is a civil matter dealt with in the county courts. The two things have no direct bearing on each other in this case although of course, you could report the chap for driving with no insurance for some pay back. The fact still remains your GF drove into the back of him and will be found liable in a civil action.

    When i was hit by an uninsured driver outside Feltham Police Station we both had to produce our insurance docs, I was positive she was not insured as she was very vague. She produced a valid cert at Police Station but when I got them to check it - guess what it was invalid. She was taken to court and fined - wait for it - £225 - yes less than my insurance cost me. Even though I have protected no claims it was treated as a claim on my record as the insurance company - Budget - were too lazy to chase her through the uninsured motorist bureau!!!:mad:
  • Quentin
    Quentin Posts: 40,405 Forumite
    Why should they chase her through the MIB?

    They knew who she was and could have chased her directly. Presumably she has no money. You can still chase her for your excess and any other uninsured losses you suffered. If you are successful get on to your insurer to chase her for the money they paid you. If they are successful, then your claim will be marked as non-fault.

    (Some insurers now do consider claims as a result of uninsured third parties as non fault)
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