Car crashed through Garden Wall - Who is liable?

CouponWoman

dacouch wrote: »

The Insurers are only liable for damage caused by a stolen car if the thief is identified, if the thief is unidentified the third parties would need to claim from the MIB

Actually the MIB would instruct the vehicles own insurers to settle any claims for damage if the thief was identified/unidentified and/or uninsured.

They would check the thief, if identified, had any insurance, albeit on a different vehicle and if so this insurer would be instructed to settle, if no insurance was traced the vehicles own insurance company would deal with the claim.

I worked in PI claims for many years and we had a similar case to this one and the MIB instructed the insurer of the stolen vehicle to settle all claims.

hth

dacouch

CouponWoman wrote: »

Actually the MIB would instruct the vehicles own insurers to settle any claims for damage if the thief was identified/unidentified and/or uninsured.

They would check the thief, if identified, had any insurance, albeit on a different vehicle and if so this insurer would be instructed to settle, if no insurance was traced the vehicles own insurance company would deal with the claim.

I worked in PI claims for many years and we had a similar case to this one and the MIB instructed the insurer of the stolen vehicle to settle all claims.

hth

12. What is the position if injury or damage is caused by a stolen vehicle? Section 151(2) of the Road Traffic Act 1988 places an obligation on the insurers of the legal owner of a stolen vehicle to meet a judgment against the driver of the stolen vehicle.

The MIB will entertain an application under the Untraced Drivers’ Agreement where the driver cannot be identified.


https://www.mib.org.uk/NR/rdonlyres/97C1D9B6.../FAQGuaranteedFund.doc

CouponWoman

In this case we are talking about an identified driver where the car was insured, albeit it was a stolen car. The MIB would instruct the insurance company to deal with the claim.


Real case - 2 years ago - man steals friends car, takes several passengers for a ride. crashes car into a 2nd vehicle. So vehicle damage and PI claims.

MIB instruct the cars insurer to settle all claims.
Insurer tries to argue - cannot get out of it, they have to deal with it.


If an uninsured driver causes an accident then the MIB act as the "insurers" for want of a better word and deal with the claim. They can use their own methods of trying to recoup their losses from the driver, for example they will send out investigators to try and trace the driver.

dacouch

CouponWoman wrote: »

In this case we are talking about an identified driver where the car was insured, albeit it was a stolen car. The MIB would instruct the insurance company to deal with the claim.


Real case - 2 years ago - man steals friends car, takes several passengers for a ride. crashes car into a 2nd vehicle. So vehicle damage and PI claims.

MIB instruct the cars insurer to settle all claims.
Insurer tries to argue - cannot get out of it, they have to deal with it.


If an uninsured driver causes an accident then the MIB act as the "insurers" for want of a better word and deal with the claim. They can use their own methods of trying to recoup their losses from the driver, for example they will send out investigators to try and trace the driver.

The words you are looking for is "Insurers of Last Resort".

If you read the post I was replying to was generalising that the vehicle Insurers of the stolen car have to settle claims in all instances.

Interestingly in the case of a stolen car with the passengers making injury claims against the MIB they have a set protocol for these. The passengers claims can be declined depending upon there awareness of the vehicle being stolen and / or them taking appropriate action to avoid being in the car if they discover it was stolen.

In a situation where the car is stolen and the driver is unidentified the vehicle Insurers are not normally obliged to deal with the third party claims due to the wording of the RTA. The MIB might put pressure on them to handle the claim but they are not obliged. A lot of the decent Insurers will deal with these claims but plenty won't.

The example you give was dealt with by the Insurers as the driver of the stolen car was identified.