Car crashed through Garden Wall - Who is liable?

gerfus

A car crashed the garden wall at the weekend. The driver was drunk and had taken the car from his friend....who now claims that he stole the car.

The car demolished the wall and the police were called. He was arrested at the scene. The police provided insurance details for the car and said that the owner would be liable for repairs.

I have been told that this may not be the case.

Does anyone have any experience on who is liable and how this should be taken forward.......I am hoping that I won't have to take this hit on house insurance. Not even sure if the garden wall will be covered.

Any advice appreciated.

muckybutt

I doubt his car insurance would cover that as the driver was driving without knowledge of the RK, uless the driver had cover to drive the car which sounds unlikely.

Looks like a private prosecution in County Court, easy to do online ask the police for the details of the driver.

Astec

Two options:
1) There's an insurance fund set up to cover losses by uninsured drivers, you may be able to claim through that.
2) If the driver has their own car insurance, they may have be covered 3rd party in other cars, which will cover you.

Either way, your best off contacting your home insurance and asking them to pursue damages as you could be looking at having to initially fork out for what could be a big legal bill.

maninthestreet

Astec wrote: »

Two options:
If the driver has their own car insurance, they may have be covered 3rd party in other cars, which will cover you.

....not if they were driving the car without the permission of the owner.

LandyAndy

Astec wrote: »

Two options:
1) There's an insurance fund set up to cover losses by uninsured drivers, you may be able to claim through that.
2) If the driver has their own car insurance, they may have be covered 3rd party in other cars, which will cover you.

Either way, your best off contacting your home insurance and asking them to pursue damages as you could be looking at having to initially fork out for what could be a big legal bill.

That has to be the best advice.

You get your property repaired quickly and the insurers earn their premium by having to chase repayment.

robv_3

Been down this road twice. When you try and claim on the drivers insurance (if they have any) you will be told to claim on your house insurance. The second time was a uninsured garage miles from my house hit by a uninsured drunk driver, the only option was court. If they are convicted by the police by the time you go to court it takes about five minute. They will end up paying you 50p per week for the next 200 years but thats another story.

phill99

The first port of call is always your own insurers. They will settle the claim with you and then recover payment from other parties. They do this all day long and know how to do it much quicker and easier than a layman.

The claim should not affect your premiums as it is a 'no fault' claim.

ormus

theres a "lifeboat" insurance scheme whereby any damage caused by an uninsured driver is covered.
all car insurance companies belong to it.
as been said, contact your own insurance company and they will (do the work) make a claim/claw back the money.

Tigsteroonie

ormus wrote: »

theres a "lifeboat" insurance scheme whereby any damage caused by an uninsured driver is covered.
all car insurance companies belong to it.
as been said, contact your own insurance company and they will (do the work) make a claim/claw back the money.

called the Motor Insurer's Bureau if anyone wants info.

Alan_M_2

The ethos of the MIB is more to do with people injured in accidents with uninsured drivers rather than property. i.e leaving someone paralised without reparation.

I'm reasonably sure that to make a successful claim no other insurance must be in force before a claim would be considered, in the OP's case that would be house insurance.

I'm happy to proven wrong though.

dacouch

The Motor Insurance Bureau would not be involved in this case as there is an insurance policy in place on the car, as the driver has stolen the car and been identified then the Insurer of the car are liable.