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Help - Uninsured driver

13

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    cox377 wrote: »
    To be honest, the claims handler didn't even know the driver was unlicensed and uninsured until I told them yesterday.

    Whenever you told your handler is irrelevant!

    You told us what they advised you after you put forward your no insurance/no licence "defence":
    cox377 wrote:
    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
  • vax2002
    vax2002 Posts: 7,187 Forumite
    edited 19 August 2011 at 9:29AM
    You overtook a vehicle that was turning right, forget road lines, forget indicators, you as the over taker are supposed to look for hazzards such as right/ left turns/ bollards/traffic lights/ zebra crossings within the overtaking area or anything that may affect your overtaking and make it dangerous, in this case you over took a vehicle that turned right.
    As said, you have been lucky not to be prosecuted, don't push it.
    PS just think yourself very lucky a second vehicle was not emerging from the turning,
    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 ForumTeam
  • Quentin
    Quentin Posts: 40,405 Forumite
    cox377 wrote: »
    Now I accept that I was the over taking party and I've got some part to blame, but I do not hold 100% of that blame.

    When you started this thread you said your main concern over all this was the future expensive premiums you face:
    cox377 wrote:
    The costs I'm mainly concerned about are the three years of premiums that are in the thousands.

    Now that you are accepting you have some liability, then you also need to accept you have this fault claim against you, and that your main concern will be realised!
  • cox377
    cox377 Posts: 158 Forumite
    You also dont say why it was revoked. It could be for a medical condition which whilst making it not safe for her to drive doesnt actually make her a bad driver which is what you are trying to imply.

    Police told me it was revoked due to points.
  • Quentin
    Quentin Posts: 40,405 Forumite
    cox377 wrote: »
    Police told me it was revoked due to points.

    Then your "defence" (that the third party was "unlicensed" thus didn't know how to drive) holds no water!
  • cox377
    cox377 Posts: 158 Forumite
    Quentin wrote: »
    Whenever you told your handler is irrelevant!

    You told us what they advised you after you put forward your no insurance/no licence "defence":

    As he was explaining the fact that it will no doubt go 100%, i advised she was unlicensed and uninsured, he said that will make not difference.
  • cox377
    cox377 Posts: 158 Forumite
    100% awarded
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    cox377 wrote: »
    The TP driver should have made the standard checks before making the maneuver. The fact they were unlicensed means they're not in a position to make those compulsory checks. A license dictates that procedures are adhered to, to prevent accidents.

    No, it means they passed a driving test not that they signed an oath to God and the Queen that they will adhere to the advice set out in the highway code.
    If you keep saying it loud enough you might convince yourself that you're right but the fact still stands; no matter whether she was drunk, had no license, had no insurance, was actually a horse with a mask on, or anything else... you overtook somebody who was turning and ploughed into the side of them. With no independant witnesses to say that she wasn't indicating or that her speed wasn't an indication that she was going to perform a manouver; then you'll have to take the 'blame' for it and think yourself lucky that you didn't get a driving without due care and attention conviction as well.
  • cox377
    cox377 Posts: 158 Forumite
    No, it means they passed a driving test not that they signed an oath to God and the Queen that they will adhere to the advice set out in the highway code.
    If you keep saying it loud enough you might convince yourself that you're right but the fact still stands; no matter whether she was drunk, had no license, had no insurance, was actually a horse with a mask on, or anything else... you overtook somebody who was turning and ploughed into the side of them. With no independant witnesses to say that she wasn't indicating or that her speed wasn't an indication that she was going to perform a manouver; then you'll have to take the 'blame' for it and think yourself lucky that you didn't get a driving without due care and attention conviction as well.

    Starting to lean towards that thought
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    unfortunately it's true. Like i said in and earlier post it was the wrong time and the wrong place for you both.
    if you hadn't been there you'd still have your car and no accident on your record.
    if she hadn't been there she wouldn't have been caught with no license or insurance.

    Although with the rest of it, we all do it. We clutch at straws hoping to find a glimmer of hope that'll turn it round but it never happens.
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