Burglar stole my car, scratched someone elses and i have to pay?

Gavin83

vaio wrote: »

Read post #9 and all will become clear

What if the OP had been uninsured as well?

ElkyElky

vaio wrote: »

Read post #9 and all will become clear

Yeah but if that's the case, we would all be driving everyone elses car without a second thought about whether we were listed as a named driver or not.

Why pay extra to have a named driver when they can just get in our car, drive it as they please and still be covered for any accidents?

vaio

ElkyElky wrote: »

Yeah but if that's the case, we would all be driving everyone elses car without a second thought about whether we were listed as a named driver or not.

Why pay extra to have a named driver when they can just get in our car, drive it as they please and still be covered for any accidents?

No “if” about it, that’s the law.

As for why we don’t all do it, many reasons….

No cover for your own car,

It’s still driving without insurance (in the legal points on your licence sense as S151 only kicks in if the driver is uninsured),

Car owner would also be done for allowing or permitting the offence

To name but three

vaio

Gavin83 wrote: »

What if the OP had been uninsured as well?

S151 only applies if there is an insurance policy on the car so no insurance, no S151 liability

Lum

This one's pretty simple. The OP is giving up driving, so let the insurance handle it as there is no excess and nothing to pay on 3rd party claims.

It's possible the other woman is trying it on, so by telling her to go through insurance you either call her bluff or your insurance pays out. After 3 years the claim drops off the radar of many mainstream insurers (Direct Line, Churchill etc.) and after 5 years it drops off the radar of all insurers.

Even if you do start driving before the 3 years are up. The difference in premium between a claim history of "Stolen/recovered - fault - £0" (which is what you will have to declare if you settle privately) and "Stolen/recovered - fault - £300" (which is what you will have to declare if you let the insurance handle it) is going to be about a fiver at most. Much much less than even going halves on this alleged repair.

There are many situations where I would choose to settle privately, but this is most definitely not one of them.

shelleuk

Im fuming shes just called asking what am i going to do and i said go through the insurance and she started having a go at me. Saying im responsible for the damage because i was the one who got robbed. I lost my temper when she said it my fault and shut the door. She had a go at me because i said ive already got the insurers involved (although this is what she asked me to do originally) and shes doing me a favour by asking for £150 quid. At the time i went over to her house and said what do you want to do and she said nothing because of the impact on her insurance. So now i should have apparently kept knocking on her house to see of shes changed her mind and im not bothered about her car. I feel like crying how can her car being damaged be my fault and that i should take responsibilty for being robbed. She just kept saying why are you going through the insurance?

Gene_Hunt_2

shelleuk wrote: »

Im fuming shes just called asking what am i going to do and i said go through the insurance and she started having a go at me. Saying im responsible for the damage because i was the one who got robbed. I lost my temper when she said it my fault and shut the door. She had a go at me because i said ive already got the insurers involved (although this is what she asked me to do originally) and shes doing me a favour by asking for £150 quid. At the time i went over to her house and said what do you want to do and she said nothing because of the impact on her insurance. So now i should have apparently kept knocking on her house to see of shes changed her mind and im not bothered about her car. I feel like crying how can her car being damaged be my fault and that i should take responsibilty for being robbed. She just kept saying why are you going through the insurance?

Just tell her to contact your insurance company from now on.

kaya

you didnt steal your car, you didnt hit her car, you have done nothing wrong, why should you loose out either financially or via your premium? i would tell everyone to go do one, including the insurers

movilogo

Your car was stolen. So you will claim from your own insurance.

Your neighbour's car was damaged by burglar driving your car. But since he was not owner, he was essentially driving uninsured. So, your neighbour can't claim from your insurance! She must claim from her own insurance.

After just one claim, premium won't go up too much (may be 20-30% more max).

Lum

movilogo wrote: »

Your neighbour's car was damaged by burglar driving your car. But since he was not owner, he was essentially driving uninsured. So, your neighbour can't claim from your insurance! She must claim from her own insurance.

As others have stated, the OPs insurer will bear responsibility for this however this is an agreement between insurance companies and the MIB, not a legal requirement. Legally the OP is not in any way liable and any small claims court case against the OP would fail.

However as the OP has already declared the theft to her insurance, her premium is going up* regardless of whether they shell out an extra 300 quid so may as well just let them deal with it.

Any further contact from the neighbour on this issue, say nothing other than to contact your insurance company who are your representatives regarding this matter.

* if she changes her mind on the whole giving up driving thing, obviously.