insured driver, uninsured car accident, advice sought

raskazz

geri1965 wrote: »

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

Problem is, the liability to third parties section of a motor insurance policy always excludes damage to property owned by or in the custody or control of anyone claiming under the policy. As the new car is the OP's property, if the insurer knows what they are doing they will repudiate this aspect of any claim.

geri1965_2

raskazz wrote: »

Problem is, the liability to third parties section of a motor insurance policy always excludes damage to property owned by or in the custody or control of anyone claiming under the policy. As the new car is the OP's property, if the insurer knows what they are doing they will repudiate this aspect of any claim.

Yeah, but if the new car is in his wife's name...?

Chippy_Minton_2

geri1965 wrote: »

Yeah, but if the new car is in his wife's name...?

Well the OP's insurance company will deal with hers, which part of that don't you understand?


Oh yeah................... she aint got any insurance.:rotfl::rotfl::rotfl:

tigerlily

If its any help I am due to pick up a new kia from the dealer on Thursday, it comes with 7 days free insurance. Might be worth checking that out to see if you are covered on the new car with anything similar.

mealone

For 3rd party cover on my insurance to drive someone elses car that car must have insurance, its in the small print of my policy and I have seen it on the policies I have taken out with other companies in previous years as well.

You might have a claim againt the garage because they must by law see evidence of insurance to tax the car and in preowned cars you must also prove you are insured before they allow you to drive away.

Sirbendy

So..let me get this right...

You've bought a new car..

You followed it home, and in the process rear-ended it with your other car.

So in effect, you're claiming off..yourself..? Or your spouse, for your own mistake.. How bad is the car?! If I did that, I'd be celibate for the rest of my life and have my life made hell..!

If I'd done such a thing, I'd have to kick myself and say "my problem, my repair and cost to shoulder, what a burk am I.." :rotfl:Not being harsh, but genuinely, claiming because one of your cars hit the other? The phrase "kicking your own ar5e" comes to mind...

I've pulled a few boners in my time..stoving in the side of my own vehicle on a tree, tearing off my own door (bloody autobox, didn't MEAN to poke the throttle..), smashing in my own rear light and support frame on a fence, going airborne and losing a bumper just to name a few. Its one of those "chalk it up to experience and fix it yourself" things.

As to reporting it to the police - does this apply if you thwack your own vehicle WITH your own vehicle? If so, and it were me, I'd have to report it and explain it was a self-inflicted embarrassment.

I also noted that YOU hit HER..YOU were not hit by an uninsured driver..or by anybody..YOU would almost certainly be at fault as you were either too close, too fast or not paying attention. Unless perhaps she reversed into you, I can't see anyone blaming the "car in front" as it were.

I have to say..how can you blame the fact it's an auto..they're a doddle to drive!

geri1965_2

Chippy_Minton wrote: »

Well the OP's insurance company will deal with hers, which part of that don't you understand?


Oh yeah................... she aint got any insurance.:rotfl::rotfl::rotfl:

You don't have to have insurance of your own to claim against someone else's.

Ownership of the vehicle is of relevance. You're the one who is misunderstanding.

Lum

The thing that surprises me is that the dealer even let you drive off the forecourt without showing them proof of insurance. Last car I bought off a dealer I had to either produce an insurance certificate for the car or get the insurance company to contact the dealer directly. Dealers can get into a lot of trouble for letting you drive uninsured.

Need to clarify a few things. You say your wife is an insured driver, but:

1) Is she insured as a named driver on a policy that you own, or does she have her own policy on her own car in her own name.
1a) If she does have her own policy. What are the exact terms of her Drive Other Cars cover
2) Was the car purchased in your name or your wifes?

You should also, as stated in another post, check if your dealer provides 7 days free insurance. This is pretty common practice because it serves as a get-out clause whereby the dealer can never be prosecuted for letting someone drive off uninsured, and the insurance companies they work with tend to give them a discount because it's a great sales lead for them. They basically have the full details of someone who is going to need insurance within the next 7 days.

lionwheeler

Sir Bendy, you seemed to have summed it up in a nutshell. Its a little easier to have that point of view when your a little detached from the situation, right now the Wife and I are obviously feeling a little sore and shaken.

On a positive not we are both physically fine and both of our two children are Ok so in the grand scheme of things its a lot easier to replace cars than people.

vaio

A few points….

No need to report it to the police.

As I understand it, you ran into her when she slowed unexpectedly so the accident is your fault. As you are fully comp on the old car your insurance will pay for the damage to both cars irrespective of your wife’s insurance status.

Whether you wife was insured depends on exactly what your policy says…..some say “policy holder” some say “insured”, if either she’s the policy holder or it says “insured” then she might be covered. If this is the case then the next hurdle is that generally the cover is restricted to cars “not owned by or hired to” the “insured” or “policy holder”. You really need to read the policy small print to find out where you stand but even if she’s not insured you have no obligation to report it to the police. You do of course have to tell the insurance company (if they ask) but it shouldn’t affect the payout.

Good luck with it