I hit an uninsured driver....not sure where I stand?

ClaireLR

Writing this on behalf of my OH

The other day I was driving a works van and another car stopped in front of me at an island, slowly at first and then all of a sudden slammed on his brakes. I hit him from behind. The police were called, I was breathalysed, and checks were made on the other driver, which showed that he has no insurance and no licence. He was taken away by the police and charged for having no insurance and no licence.

In the meantime, the van I was driving has had to go to be repaired.

I'm now being asked to pay the £500 excess for the repairs to the van by my company (who own the van).

I'm just wondering where I stand on this one, surely as the driver shouldn't have been on the road with no licence or insurance there must be something that I can do to avoid paying this charge?

Any advice appreciated.

Anihilator

No you can't

There being uninsured had absolutely nothing to do with the cause of the crash and is an entirely seperate issue to be dealt with by the authorities.

Likewise he is entirely entitled to expect you/insurers to repair his vehicle and cover his costs.

silkyuk9

if you are fully comp your insurance will pay for it, even better if you have ncb protection too as you wont lose your ncb

neilmcl

Insured or not as it was your fault so you'd still have to pay your excess. How much damage was done to the Van, maybe you could offer to pay for the repair if it's less than your excess.

moaninggit

I am sure ppl can not read dont wory about who pays for the other persons damage your employers insurance will sort that.
who pays the excess should be stated in your contract of employment.

roger196

Remember something about unlawful deduction from wages. Better post in the employment forum

shark_DB

I would have thought that if you were driving on company buissness then the company should pay the excess

Wig

This is an employment issue, not a motoring one.

You should have a contract of employment which mentions who pays the excess or if you are liable for the excess whilst driving the works van.

The accident is almost certainly your fault.

You should hope that the other guy doesn't get his car back before its crushed, otherwise he might be looking to you to get it repaired.

exup

I would see a solicitor about this - if he was uninsured and unlicenced then there are more complicated issues than simply the fact you hit them from behind - you may even be able to make a compensation claim for the fact that they simply should not have been on the road in the first place - If they cant do anything then fair enough - but with the amount of compensation claims going around - if there is a chance you will be able to get anything out of him then I would go for it and screw them for all you can get -
I cannot be doing with uninsured / unlicenced drivers .

Wig

exup wrote: »

I would see a solicitor about this - if he was uninsured and unlicenced then there are more complicated issues than simply the fact you hit them from behind - you may even be able to make a compensation claim for the fact that they simply should not have been on the road in the first place - If they cant do anything then fair enough - but with the amount of compensation claims going around - if there is a chance you will be able to get anything out of him then I would go for it and screw them for all you can get -
I cannot be doing with uninsured / unlicenced drivers .

Impossible. IMHO

dacouch

exup wrote: »

I would see a solicitor about this - if he was uninsured and unlicenced then there are more complicated issues than simply the fact you hit them from behind - you may even be able to make a compensation claim for the fact that they simply should not have been on the road in the first place - If they cant do anything then fair enough - but with the amount of compensation claims going around - if there is a chance you will be able to get anything out of him then I would go for it and screw them for all you can get -
I cannot be doing with uninsured / unlicenced drivers .

This would be a waste of money, you are still entitled to claim from the other party if they are at fault in an accident irrespective of whether you have insurance or not. In fact you are also entitled to if you are illegally parked or are not wearing a seat belt (Although these factors may be taken into account and any additional damage caused by them might reduce the amount you receive).