Help! Hit by Uninsured Driver etc etc

Tilt

vaio wrote: »

there, fixed it for you



Good advice is to follow the second half of Tilts signature rather than what is posted above it.

I had a dream once about an extra button next to the “thanks” one………

Thats funny, so did I!

Quentin

Tilt wrote: »

Please refer to post #17 then.

Tilt, stop digging your hole.

Your poor advice was in post #5

It was pointed out in post #15

You then cynically backtracked in the much later post #17 you now want us to refer to as your "advice".

Just stand corrected when your poor advice is pointed out.

The OP has told us its his first experience of anything at all like this, and poor advice in authoritative posts from you don't do anything to assist.

Katie-Kat-Kins

For the avoidence of doubt if the driver is identified then the MIB will seek to recover any payments they make from him direct.

The other point to mention is that although you should proceed to take legal advice and start a claim under the MIB agreement the fact that the driver seems to be uninsured is not necessarily the end of the story. If the vehicle was insured, but the driver was not (say a teenager driving his parents car without permission) then the insurers may have to deal with the claim. I'm not going to go into the ins and outs of the Road Traffic Act or Article 75 here, but just wanted to point out that all is not lost.

It is imperative that you seek proper advice about this to ensure that your claim is dealt with and that you do not lose out. Your insurers will be able to refer you to a suitable firm of solicitors if you have legal cover.

Quentin

Katie-Kat-Kins wrote: »

Your insurers will be able to refer you to a suitable firm of solicitors if you have legal cover.

Even if you haven't got legal cover they will happily "refer" you (as they get a large commission for passing on leads like this).

You can cut out the middleman insurer and get a commission payment yourself just for instructing a specialist solicitor. Google cashback injury solicitors to find some. Getting £300 to £500 by way of cashback just for giving them your case is not hard to find.

Katie-Kat-Kins

Quentin wrote: »

Even if you haven't got legal cover they will happily "refer" you (as they get a large commission for passing on leads like this).

You can cut out the middleman insurer and get a commission payment yourself just for instructing a specialist solicitor. Google cashback injury solicitors to find some. Getting £300 to £500 by way of cashback just for giving them your case is not hard to find.

Yes but if you have legal cover you need to go via your insurers. As a claimant you have a duty to utilise any before the event insurance you have before taking up a CFA.

I have previously suggested that if he doesn't have any legal cover via insurance or union membership he approach a specialist firm direct. Personally I would be wary of a firm touting directly via cashback sites and would want to check out the rating on Legal 500 or similar before committing. The reason they can offer such kickbacks is often that they are flogging over priced ATE insurance, which often has a loan to pay the premium attached, and then the service and standard of advice can be questionable.

In my line of work I come across a lot of these firms and I'd rather not get the £300 cashback and have my case handled professionally and get the full amount of damages that my claim is worth. The poor practices of some of these firms who are desparate to get their costs in can easily lose you more than £300 in damages!

vaio

Katie-Kat-Kins wrote: »

Yes but if you have legal cover you need to go via your insurers. As a claimant you have a duty to utilise any before the event insurance you have before taking up a CFA..........

Interesting point, how does that work when the standard practice these days seems for insurance companies to pass you straight on to a credit hire/claims handling firm whilst pocketing the referral fee?

The only difference between what you and Quentin are advising seems to be who gets the referral fee, the insurance company or the punter

Gene_Hunt_2

Tilt wrote: »

When you get nicked and taken to the police station and subsiquently charged for any offence, you DNA, pics and finger prints are all taken. Obviously I'm talking about offences which result in a court hearing and I believe the offences listed by the OP fall into that catagory thus a crime or police log ref will exist.

What I will agree on is the fact that the OP may well have to claim off the MIB but if the TP driver is convicted for the offences, then there may be an opportunity to claim compensation from him.

Still no offences that will be subject of a crime number. Keep trying.;)

Quentin

Katie-Kat-Kins wrote: »

In my line of work I come across a lot of these firms and I'd rather not get the £300 cashback and have my case handled professionally .....

Some hypocrisy regarding this situation.

The insurers who pass on "hot" leads to specialist solicitors require a lot morethan £300 (or £500) by way of a backhander! And of course use the same ones we can go to direct!

Quentin

Katie-Kat-Kins wrote: »

Yes but if you have legal cover you need to go via your insurers. As a claimant you have a duty to utilise any before the event insurance you have before taking up a CFA.

When you say you "need" to use your insurer's selected lawyer what are you saying?

We don't "have" to do any such thing!

Katie-Kat-Kins

If you have Before the Event Legal Expenses Insurance you are obliged to use it by law rather than entering a CFA or After the Event policy. To make use of such a policy of insurance you will have to contact the body who provide the policy, most likely your motor insurers, but possibly your household insurance. They will refer you to the solicitors they use, possibly via another insurer! Most likely there won't be a per case kickback as this will be an ongoing arrangement. If you are unhappy with the solicitors provided you can seek to change but funding may be withdrawn by insurers.

If you fail to utilise before the event insurance you have in place a court can ultimitely penalise you in costs.

If you do not have before the event legal expenses insurance you can approach a firm of solicitors in whatever way you chose whether that be via one of the "claims management companies", via a credit hire company, a cashback website or by selecting the top performing firm in the legal 500.