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insured driver, uninsured car accident, advice sought

My wife and i purchased a car today but on the way back from the dealer she braked hard in our new puchase and i slammed into the back of our new car. Typically the car was an automatic and unfamiliar to us both and just stopped on the spot. Both my wife and i are insured drivers. (We are both insured for the car fully comprehensive as named Drivers) i was driving but did not have the foresight to get insurance on our new purchase. (Planning to do this when we got home !!) .

The initial response from the insurance company is that the car was not insured and not covered by the driver's policy !

I have just thought that if my wife took off after the accident, i would be trying to claim against an uninsured driver and technically could claim on the policy.??

Any advice would be helpful, regards Richard
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Comments

  • Millionaire
    Millionaire Posts: 3,748 Forumite
    1,000 Posts Combo Breaker
    So you want to commit fraud.:rolleyes:
  • No, there woold be easier ways of doing that !! But as the scenario is the same, what is the difference, seems like being punished for having insurance, !! If you can claim if the driver was uninsured.

    Just want to hear objective point ov view. Obviously in hindsight we should have got an extension to our policy to cover the new purchase !

    if you have an accident whil st on a test drive can you claim for example ??
  • Volcano
    Volcano Posts: 1,116 Forumite

    Just want to hear objective point ov view.

    You've probably come to the wrong place for that, but I'll keep my fingers crossed for you :D

    Can you clarify (if we call the car in front: Car A and the one behind: Car B)

    Which one are you claiming for? Both?
    Which one are you insured in?

    What did you ask/tell the insurers?
  • Alfrescodave
    Alfrescodave Posts: 1,020 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Depending upon the wording of your old car insurance; isn't the case, your wife has 3rd party insurance for the new car as she is named on old car policy so you claim for repair to the old car off her insurance ?

    As insurance company said neither of you have fully comp insurance for the new car so you pay up for the repairs.
  • The car in front was the new uninsured vehicle, but driven by an insured driver of another vehicle.

    As i was at fault driving the vehicle behind and failed to stop in time i assumed i could claim on my fully comprehensive policy for damaged caused to my car.

    We assumed that my wife was driving our new car 3rd pary based on her comprehensive insurance.

    Little did we know that this was not the case. or is it ??
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    You'd be better off asking for advice in the insurance forum.

    I would try to help you but I've been drinking and my brain is not working propery.
  • Chippy_Minton_2
    Chippy_Minton_2 Posts: 1,839 Forumite
    edited 13 June 2009 at 8:42PM
    We assumed that my wife was driving our new car 3rd pary based on her comprehensive insurance.

    Little did we know that this was not the case. or is it ??

    Assumption :rotfl:

    Well not is she owns the car and even if this was not the case I doubt the policy was still valid once the car was sold.

    You best report the matter to the police within 24 hours. You have been involved in a reportable collision and have a duty to do so.

    If you try and claim on your insurance the insurance company will insist on a collision report number from the police and if you fail to report it you face 6 to 8 points on your licence.


    :rotfl:
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  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    edited 13 June 2009 at 7:51PM
    Right, I've been thinking about this some more and I think you should be covered.

    Your old car - fully comp, so damage to that one covered under your existing policy.

    New car - not insured, but you were at fault and so your insurers should deal with it as a third party claim.

    Of course, it is against the law to drive uninsured, so you (or rather your wife) could technically get into trouble for that, but that's a criminal matter and your wife's claim against your policy is a civil claim.

    The only problem is whether a wife can sue her husband - which I think is possible.

    Who is the legal owner of each vehicle?
  • Chippy_Minton_2
    Chippy_Minton_2 Posts: 1,839 Forumite
    geri1965 wrote: »


    New car - not insured, but you were at fault and so your insurers should deal with it as a third party claim.

    Of course, it is against the law to drive uninsured, so you (or rather your wife) could technically get into trouble for that, but that's a criminal matter and your wife's claim against your policy is a civil claim.


    So what insurance company will the OP's deal with?

    None, so they will insist the OP reports it to the police (he has 24 hours and the clock is ticking :rotfl:)


    Not criminal, but the OP needs to report the collsion to save points on his licence.:D
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  • Volcano
    Volcano Posts: 1,116 Forumite

    We assumed that my wife was driving our new car 3rd pary based on her comprehensive insurance.

    Normally to be insured under your policy for another car 3rd party, the car cannot belong to you. The wording is something like

    The driving by you, with the owner’s permission, of any motor car
    not belonging to you and not hired to you under a hire purchase
    agreement provided that:
    (i) You are entitled by your effective Certificate of Motor Insurance
    to drive such a car.
    (ii) You observe the licence conditions applicable.
    (iii) There is no other insurance in force which covers the same
    claim.
    (iv) The car is being driven in Great Britain, Northern Ireland, the
    Republic of Ireland, the Isle of Man or the Channel Islands.

    i.e., if having just purchased the car for yourself (so you are the legal owner) and your wife has this clause on her policy, then she's insured 3rd party to drive your new car. (if this is/was the situation).

    Could you claim off your insurance for your old car (that you're insured in) for crashing into your new car? Theoretically it looks like it. You're at fault so the new car's covered. You're still insured fully comp for your old car.

    Can't see the insurance company being too happy as it's quite an unusual situation though.
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