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Accident with Uninsured Driver

Bronnie
Bronnie Posts: 4,173
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On Thursday, I was hit by a driver pulling out of a side road. My insurance company was indicating it was a fairly clear no-fault on my part case and I had an independent witness.

Last night the insurance company advised the other driver was uninsured. She was not what I would expect to be the typical uninsured driver. All the other info she provided was correct. Her vehicle had been insured under a commercial group policy but had not been renewed at the end of October. A quick google has revealed her home address is a £400,000 + property up for sale and a couple of companies operating from there. I have not spoken to her on the phone subsequently, but am considering doing so to see what she has to say.

My insurance is fully-comp, with protected no claims, but with a £300 excess and no hire car cover. The insurance will deal with matters and attempt to claim from her they said and the insurer's repairers have now offered me a complimentary hire car while the work takes place.

The matter was not reported to the police in the first instance.

Any tips, advice would be welcome. After hearing about her being uninsured, I put things on hold last night to get my head round matters! It's just a case of bite the bullet and take the hit is it?
«1

Comments

  • Rossy.
    Rossy. Posts: 2,484 Forumite
    Report the facts to the police.

    It's a criminal matter now due to the fact insurance is not a choice, it's compulsary by law.

    I wouldn't let this drop at all
    If Adam and Eve were created first
    .Does that mean we are all inbred
  • neilmcl
    neilmcl Posts: 19,460
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    Also make contact with the Motor Insurance Bureau (MIB) to see if you can claim back your excess etc.
  • Quentin
    Quentin Posts: 40,405 Forumite
    If you are right (and she has means) you will be able to sue her direct to recover all your uninsured losses (including your excess).
  • Bronnie
    Bronnie Posts: 4,173
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    edited 13 November 2010 at 12:51PM
    Quentin wrote: »
    If you are right (and she has means) you will be able to sue her direct to recover all your uninsured losses (including your excess).

    This has crossed my mind, although I know just because someone has companies and a £400,000 house doesn't automatically, mean they have means and the fact that they didn't renew the insurance could, at a stretch be an oversight, but could also be indicative of financial problems too!

    The vehicle was originally insured commercially under a limited company name. I wonder if this would be a claim then against the company or whether the driver as an indivdual would be liable?

    I want to speak to her just to see what she has to say,l but not until I've gathered my thoughts! I was surprised that when I said to my insurance company is it now a matter to be reported to the police, their response was, not necessarily.

    She came across as a fairly reasonable person and the insurance company actually said she seemed "very nice" when they spoke to her! Hmm!
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    The vehicle was originally insured commercially under a limited company name. I wonder if this would be a claim then against the company or whether the driver as an indivdual would be liable?
    From a legal perspective, the driver is responsible for ensuring they are insured to drive.

    Let your insurer pursue the uninsured losses for now.
  • Quentin
    Quentin Posts: 40,405 Forumite
    opinions4u wrote: »
    Let your insurer pursue the uninsured losses for now.

    Your insurers don't pursue your uninsured losses!

    (You need to take out uninsured loss recovery type cover for them to help out on uninsured losses like excesses etc)
  • vikingaero
    vikingaero Posts: 10,921
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    First, report the matter to the Police as others have said.

    Second, do you have legal expenses cover?
    The man without a signature.
  • Bronnie
    Bronnie Posts: 4,173
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    edited 13 November 2010 at 1:47PM
    vikingaero wrote: »
    First, report the matter to the Police as others have said.

    Second, do you have legal expenses cover?[/QUOTE]


    No legal expenses cover.

    Do you think it's worth speaking to her directly about the matter?

    Has anyone had a situation where the matter has been settled outside of the insurance company or is this a risky route to contemplate taking?
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    Quentin wrote: »
    Your insurers don't pursue your uninsured losses!

    (You need to take out uninsured loss recovery type cover for them to help out on uninsured losses like excesses etc)
    Mine would, because I insure against this happening.

    I didn't realise people left themselves without such cover!

    Tut.
  • opinions4u wrote: »
    Mine would, because I insure against this happening.

    I didn't realise people left themselves without such cover!

    Tut.


    I recently had a claim with no legal cover and had no hassle whatsoever being paid the value of the vehicle (more than I paid) AND out of pocket/loss of use.
    I avoided credit hire as I was confident it wouldnt be paid out on.

    I didn't realise people wasted money on such cover!

    Tut.
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