Car accident hit by uninsure driver:(

gollfy

My father was involved in an accident in november last year. He was driven into the side of by a car. Being fully comp he since claimed on his own insurance and was paid out for his car which was written off. It has since transpired that the other vehicle was uninsured after numerous phone calls from his own insurance company.
Police and ambulance did not attend as no serious injuries.

However he has lost his no claims as not protected:(, and his insurance has risen considerably.

My questions are
1. What action can be taken against the driver as it seems they are just going to get away with it? His insurance company keep trying to contact driver to no success.

2. Are the NCD gone forever? Does he have to grin and bear the increased insurance with no argument?

Many Thanks for your time
Dave

Hammyman

1) If he had legal cover on the policy, use that to sue the third party through County Court. Its at times like this that extra £20 or so is worth paying.
2) Pretty much so unless the costs of the payout can be recovered and repaid to the insurer.

gollfy

Have name and address, even a confession on paper. My mother had mild whiplash in the accident and now has the MIB form to fill in. However it says on there that the accident must have been reported within 14 days for injury claims. Its took 6 months for us to find out they were not insured, was cancelled 6 days before accident. Was not reported to police as no serious injuries.

vaio

As he's already claimed on his own insurance that can't be undone or reclaimed from the MIB.

On the report within 14 days thing it would be perverse if that wasn't 14 days from event or when you discovered the lack of insurance, whichever was the later.

If there were any costs that weren't covered by his own insurance then it might well be possible to add those to the MIB claim

thenudeone

gollfy wrote: »

Was not reported to police as no serious injuries.

Any accident involving any injury to anyone other than the driver of the vehicle must be reported to the police as soon as practicable. So if a passenger is injured (even slightly) the driver must report it.
Had that happened, the Police would have checked both insurances and by now the other driver would have been prosecuted.

If I have an accident then I would expect to have spoken to an insurance company to confirm the other driver's insurance situation within a few days at most, and contacted the Police if no joy within a week.

Quentin

Hammyman wrote: »

1) If he had legal cover on the policy, use that to sue the third party through County Court. Its at times like this that extra £20 or so is worth paying.
2) Pretty much so unless the costs of the payout can be recovered and repaid to the insurer.

If the insurer is unable to recover their costs from the third party, then "legal cover" won't fund you using the county court.

"Legal cover" will only take your case through court if they think you have a good chance of winning AND there is evidence the liable third party has the funds to pay up when you are successful.