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Hit from behind, not my fault. Uninsured Driver - What do I do? - HELP plz!

Hi all!
Stressed with this one so dont know where to start.....and its long...!

OK well here goes.

Hit whilst waiting at a red light with a very very intense hit, causing stereo to fly out (factory fit audi) and a cut/graze to my head aganist the drivers seat.
So got out and said like :mad: :mad: what you playing at...he said light was amber...whatever...
Called police.
He has no insurance he was driving a mates/wives/OH's car.
He was breathalised (he passed) although im suprised as he smelt and drove out of pub.
Anyway police said the keeper of the car has insurance and can be claimed as road traffic act blah...
So i left feeling as pis*ed as i could - car is not even been with me for a month and i loved it!!

Anyways thats over, his damage is quite extensive. (prob a write off)

Contact Insurance and they make it seem like everything going to be OK... (WHAT AM I THINKING - YE RIGHT)

Insurance broker lets insurance company know. Insurance company also arranges legal cover and hire car via another company.

Hire car - not possible as we cannot find the insurance of other car with the registration provided.

Ins company - sent their cowboys to do a repair, i declined and said its only going to an audi approved bodyshop.

Quote to be sent to them, I cant get a hire car from nowhere as they are saying that they cant find 3rd party ins details.

I have the drivers and regstd keepers addy.

I dont think shes produced, i even think shes out of the country. I also think im stuffed. Police...to be honest have been a waste of time, waited 1hr to produce and then when calling later to query about the ins they gave wrong number then after further calls got the number and ended up at a voice mailbox.

what now?

im on the whats the point path now. I dont think the 3rd party cares, their bmw is round the coner from me and its been there all week.

What choies do i have...seeing CAB tomrw but im not going to hold my breath.:o :cry:
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Comments

  • redux
    redux Posts: 23,033 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It seems odd to me that the Police say the other car is insured, but your insurers don't have the details. The last time I was involved in an accident, the Police had my insurance details from a database without me needing to supply them.

    In the limit, if the other party's insurers don't exist or won't pay for this driver, then he pays himself, and you and your insurers sue him if he won't - or that's how it seems to me, but the CAB should help with this.

    The amber light claim is totally irrelevant; he drove into a stationary vehicle, which is driving without due care and attention. So you might ask the Police to prosecute.
  • They confirmed the address of the car, PNC check and also said it was insured also that i can claim off her insurance, when i give her reg number i get nothing positive.

    so no hire car, no nothing and it just looks like i might be claiming aganist my own insurance...
    dont know about all these other

    MIB and others MIIC charge £10 to look this up but i dont know if its necessary as insurance would be looking at same db

    what now?:confused::confused:

    Im lost and pretty much stuffed atm - oh and a genuine case of bad whiplash aswell as the cut/graze to head.:o
  • inkie
    inkie Posts: 2,609 Forumite
    Mortgage-free Glee!
    Have you gone and got checked over in relation to your injuries - at least seek advice from your GP. You have a claim for personal injury as well due to this guys careless driving and a medical report to call on will give 'evidence' to your claim - of course the main thing is to make sure that you are OK.
  • tonys_3
    tonys_3 Posts: 332 Forumite
    Might be an idea to check that the registration number you have is correct-
    perhaps a number or letter transposed? Persevere with your ins.company
    since if the police could find the name and address [I am assuming they confirmed it if they got the info from the driver at first].

    Still no guarantee that the insured will agree that the guy should have been driving her car. If that is the case, or you cannot get the info you want re insurance, claim from MIB as they pay out when an uninsured driver has an accident.

    Won't help you in the short term. You may have to bite the bullet and pay for a hire car yourself and hope you can recoup it. Bear in mind you can not expect to be reimbursed for hiring a rolls royce for instance if you were driving in a less prestigious car.
    Good luck, it is a horrible situation to be in.
  • I have a confirmed registration, this car that hit me is over the road from me!! like to rub it in!! so the reg no is correct and links to the car.

    I have the regst'd keepers address, and have passed this on but no responses yet and im feeling even if early days im not going to get very far at all. - Its kinda put me off driving i cant be bothered, I drive with tax mot and insurance and i bloody well pay whatever the costs are, but now when i get screwed over like this, u just dont really feel you are getting looked after.

    i feel severly ripped off with insurance comapnies that seem to refer my car to their "approved repaires" but not audi approved. like i wouldnt know, and when they came to collect the car i said no, simple.

    but now its like this guy is from eastern europe, the owner of the car is not in UK, the police have literally let this guy off.

    So at the end of it, im left carless, bad whiplash and a long long problem to sort out, MIB, MIIC, CAB it all goes on..... cut to the head that is quite painful even if small its if u rest ur head on somthing then cut will sting or reopen and bleed!

    :o :mad: this sucks car stuff and insurance sucks, should just accept it and suffer that this stuff will happen and people will be allowed to get away with it.
    im not even suprised.

    Thanks people!
  • inkie wrote:
    Have you gone and got checked over in relation to your injuries - at least seek advice from your GP. You have a claim for personal injury as well due to this guys careless driving and a medical report to call on will give 'evidence' to your claim - of course the main thing is to make sure that you are OK.
    Im ok, doctor has said all ok but need a week off and to rest.

    all is recorded but only insurance can request this, legal cover are dealing with my injury, i have not heard back from them but have provided my GPs info.
  • waster_2
    waster_2 Posts: 498 Forumite
    They confirmed the address of the car, PNC check and also said it was insured also that i can claim off her insurance, when i give her reg number i get nothing positive.

    ...........

    Unfortunately this is typical police cr*p from, I suspect, some jumped up plod who doesn't know his helmet from his truncheon!!!

    Whilst the police have been given access the the MIB data base to see whether vehicles are insured, that is only part of the story. They will not be able to establish from the information provided who is actually insured to drive that particular vehicle under the policy the vehicle is named on. What must be remembered is that generally it is people that are insured to drive a particular vehicle, not vehicles that are insured, So, additionally, I could drive what appears to be an uninsured vehicle using my own motor insurance.

    So, if the insurance that “covers” the vehicle that hit you does not name the person who was driving, and they do not have their own insurance, effectively you were hit by an uninsured motorist. The police should establish this by asking the driver to produce. They have clearly not done this and as such have probably let another uninsured w*nker slip through the net costing the rest of us at least another £50 pa on our insurance premiums.

    Unfortunately, IMO, you are going to be the victim of yet another uninsured driver fiasco with little chance of recovering anything at all. And as usual the plod do nothing. Good luck and I hope i'm proved wrong.
  • rchddap1
    rchddap1 Posts: 5,926 Forumite
    Can't make any suggestions except to offer my sympathy.

    Had a chuckle at the 'amber' light claim. I still remember from my driving instructor being told that amber still means stop. Good luck in getting it sorted out.
    Baby Year 1: Oh dear...on the move

    Lily contracted Strep B Meningitis Dec 2006 :eek: Now seemingly a normal little monster. :beer:
    Love to my two angels that I will never forget.
  • got back...pretty sh*t so far.
    went to one CAB, to just see some damn rude people and 20 people waiting. so went to another, looks like i need to face up to the facts he gets away with it. police have done jack sh*t. simple.

    Legal cover will do one last check for insurance details...if not there, I will have to do a slow and probably never ending claim with the MIB.

    If insurance somehow appears then im chuffed, but its been crap so far so im not even going to hope.

    So, no insurance, I claim on my insurance they pay the 3k repair cost of the car and i suffer expensive renewals.
    - Note uninsured driver is not affected.
    My injury with legal cover then gets fwd'd to MIB who have a huge backlog and try very hard to avoid payment
    - Driver still probaly driving uninsured
    I have a number of losses I can do *nothing* about
    - What happens to the driver.....
    I take court action aganist the driver/owner....
    - Driver /Owner has nothing living on benefits only come to county driving a 318i X-Reg on HP Finance and im !!!!!!ed.

    So looks like not much is going to happen!!!:confused::confused::o
  • tonys_3
    tonys_3 Posts: 332 Forumite
    Get back on to your ins. company. Make them earn their money you pay them.
    Ask them what they are doing to find if the driver was insured to drive the car. Have they contacted the owner? What result? Did they give the name of their insurance company.
    If they are getting nowhere, ask them to write to the driver [not the owner
    since they are not involved with this] saying that as he appears to be driving uninsured, he has two weeks to come up with the repair costs and your medical bills or he will be taken to court. You can make a claim for under £5000 in the Small Claims Court. Even if he is on benefits, he will still have to pay albeit more slowly than someone better heeled. And you never know, he
    may have access to money. You will also get some satisfaction by putting
    him under pressure.

    Explain to your ins. company that you are not happy that they cannot find
    the insurance details that the police found and they might as well help you since you are going to stiff them with a bill from Audi as opposed to their approved repairers. In other words they are going to be out of pocket too.
    [They can't charge you a higher premium for you insisting you get your car
    fixed by a more expensive garage.] It might galvanise them.
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