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Help - Uninsured driver
cox377
Posts: 158 Forumite
Hello guys I'm after a little advice.
About 4 months ago I was over taking a truck when it turned right into my path. The pick up truck was turning right into a pub. I crashed straight into the side of the truck. The truck had come out of a junction on the right before the pub and was heading in the same direction as myself. The truck was moving very slowly and there were no solid white lines. I came up behind the truck, mirror signaled and went to over take when the driver turned right into my path. The 3rd party did not indicate to show their intentions.
My insurance company hadn't had any information from the 3rd party until the lady driving the truck put a personal injury claim in. The legal company around this time forwarded me a letter from the 3rd party insurance company of the truck saying there was an issue around the insurance of the 3rd party on the truck, but that was all the information that was given. I forwarded the details onto my insurance company.
The police came round to see me last night and said that the 3rd party driver was not insured and neither did she have a valid license as it have been revoked by the DVLA. I assumed this would go in my favor towards the depute claim.
The insurance company claims handler called me this afternoon to say that it was looking at 70/30 liability but would not doubt just settle 100% my fault as it was cheaper for them not to have to go through the courts. I assumed they would have known the driver, who was putting a personal injury claim in, didn't have a license nor was insured.. appeared they didn't until I told them. The claims handler didn't think this made a difference and said they were dealing with a civil matter and the fact that the 3rd driver was being prosecuted by the police had no bearing on it.
I called the legal company that has been dealing with my case to recover my costs, they said that its completely wrong that they would be paying out a personal injury claim for a driver who shouldn't have even been on the road. The legal rep put me on hold and confirmed this with their manager. They said no pay out should be made until 3rd party had been to court.
The legal rep advised me to ask to speak to the claim handlers manager when he calls me tomorrow morning but to also seek legal advice regarding the situation. I asked them were they not my legal representatives and they advised that they were just involved in recovering the costs of the car. I was only insured 3rd party. The costs I'm mainly concerned about are the three years of premiums that are in the thousands.
Does anyone know where I stand on this because it seems like I'm banging my head against the wall. I hate to think that the truck will be fully repaired from the cost of my insurance company and a non licensed not insured driver will end up getting a massive pay out for personal injury.
Thank you for taking the time to read
About 4 months ago I was over taking a truck when it turned right into my path. The pick up truck was turning right into a pub. I crashed straight into the side of the truck. The truck had come out of a junction on the right before the pub and was heading in the same direction as myself. The truck was moving very slowly and there were no solid white lines. I came up behind the truck, mirror signaled and went to over take when the driver turned right into my path. The 3rd party did not indicate to show their intentions.
My insurance company hadn't had any information from the 3rd party until the lady driving the truck put a personal injury claim in. The legal company around this time forwarded me a letter from the 3rd party insurance company of the truck saying there was an issue around the insurance of the 3rd party on the truck, but that was all the information that was given. I forwarded the details onto my insurance company.
The police came round to see me last night and said that the 3rd party driver was not insured and neither did she have a valid license as it have been revoked by the DVLA. I assumed this would go in my favor towards the depute claim.
The insurance company claims handler called me this afternoon to say that it was looking at 70/30 liability but would not doubt just settle 100% my fault as it was cheaper for them not to have to go through the courts. I assumed they would have known the driver, who was putting a personal injury claim in, didn't have a license nor was insured.. appeared they didn't until I told them. The claims handler didn't think this made a difference and said they were dealing with a civil matter and the fact that the 3rd driver was being prosecuted by the police had no bearing on it.
I called the legal company that has been dealing with my case to recover my costs, they said that its completely wrong that they would be paying out a personal injury claim for a driver who shouldn't have even been on the road. The legal rep put me on hold and confirmed this with their manager. They said no pay out should be made until 3rd party had been to court.
The legal rep advised me to ask to speak to the claim handlers manager when he calls me tomorrow morning but to also seek legal advice regarding the situation. I asked them were they not my legal representatives and they advised that they were just involved in recovering the costs of the car. I was only insured 3rd party. The costs I'm mainly concerned about are the three years of premiums that are in the thousands.
Does anyone know where I stand on this because it seems like I'm banging my head against the wall. I hate to think that the truck will be fully repaired from the cost of my insurance company and a non licensed not insured driver will end up getting a massive pay out for personal injury.
Thank you for taking the time to read
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Comments
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I am afraid to tell you that your final sentence will happen if your insurers admit full liability.
Having no insurance and no licence will make no difference to the other person's right to make a claim for personal injury :-(0 -
Agree with above. The driver you hit has a valid claim against you. They don't need to hold a drivers licence or insurance to make that claim. So your car insurance will pay them the personal injury claim and the cost of repairs. You get nothing as it's only a third party policy. If you wish to make a civil claim against her for your damages then that is at your risk. The insurance company will not help you make that claim. If you have legal expenses cover you might get a contribution towards your legal expenses.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
Hello guys I'm after a little advice.
About 4 months ago I was over taking a truck when it turned right into my path. The pick up truck was turning right into a pub. I crashed straight into the side of the truck. The truck had come out of a junction on the right before the pub and was heading in the same direction as myself. The truck was moving very slowly and there were no solid white lines. I came up behind the truck, mirror signaled and went to over take when the driver turned right into my path. The 3rd party did not indicate to show their intentions.
Seeing as you can't prove that she didn't indicate and pulled out in front of you, you're not going to go anywhere fast. Some people could argue that you were driving without due care and attention and tried to overtake a car that was turning and as much as it sucks; you couldn't prove otherwise.
The fact she was uninsured, didn't have a license and the car shouldn't have been there in the first place; probably doesn't even come into it. You were both in the wrong place at the wrong time.0 -
i would think at 30 mph, you should have just stopped..Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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just hope the police dont report you for driving without due care and attention , thats a bigger thing they are hot on. It is likely to go 70/30 or 100% if not fully proveableDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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The insurance company are saying 70/30 or 100%.
I could understand this if the driver was licensed and insured but to be neither seems so wrong. You isn't licensed to operate that vehicle.
It was a 40MPH zone also.
There was no skid marks at the scene as she literally just turned straight infront of me without time to brake.
I can't get my head round it.
The police said, as far as they are concerned the case is closed for my side of things.0 -
It sucks. As the person overtaking it's your responsibility whether she is licensed, insured, doesn't have working indicators...whatever.The insurance company are saying 70/30 or 100%.
I could understand this if the driver was licensed and insured but to be neither seems so wrong. You isn't licensed to operate that vehicle.
It was a 40MPH zone also.
There was no skid marks at the scene as she literally just turned straight infront of me without time to brake.
I can't get my head round it.
The police said, as far as they are concerned the case is closed for my side of things.
The police have accepted that it isn't 100% your fault and can't prosecute you on that basis. They need proof beyond reasonable doubt so if there is that 30% chance that you were driving OK then they can't prosecute you it's either guilty or not guilty. That seems to be what the insurance company have accepted too but in a civil claim you can apportion percentages.:footie: Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
The police came round to see me last night and said that the 3rd party driver was not insured and neither did she have a valid license as it have been revoked by the DVLA. I assumed this would go in my favor towards the depute claim.
As was posted in the very first reply you got, your assumption was wrong!
The liability issue is a civil matter! What bit of this can't you get your head round?0 -
The fact that if you're unlicensed to operate a vehicle, you're not in a position to be operating that vehicle or to be on the road. How can that not add to my favor. The 3rd party at the very least didn't check their mirrors.. that is obvious else she would have seen me. The indicating I'm unable to prove.
I understand that liability is a civil matter. I can't however understand that the above has no bearing on liability.0 -
The fact that if you're unlicensed to operate a vehicle, you're not in a position to be operating that vehicle or to be on the road. How can that not add to my favor. The 3rd party at the very least didn't check their mirrors.. that is obvious else she would have seen me. The indicating I'm unable to prove.
I understand that liability is a civil matter. I can't however understand that the above has no bearing on liability.
Because the no-license (and no-insurance) issues are irrelevant (and not civil matters)!
If your bad driving had caused the death of a motorist who turned out to be an uninsured escaped murderer, would you say that as the deceased shouldn't have been on the road, but should have been in prison, therefore you aren't to blame?0
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