Help please.Accidentally uninsured car hit by insured driver whilst parked

TerryAdams

Hello can anyone assist me with this situation please.

My brother has been working away and his car that was parked outside my house got hit by a driver of a commercial vehicle who has claimed full liability. I have all insurance details from the driver.

Unfortunatly my brothers car insurance expired a month ago and it slipped his mind to get it renewed.

The police were passing by and they have given me a case number. I am unsure whether they have checked to see if he car was insured or not.

The car is damaged bit nothing too major. Maybe £300-£400.

If he was to get insurance now can the new policy be used against the claim against the other driver? If he got insured tonight could he inform the new agency to claim tomorrow?

Do insurance companies check to see if other vehicles are insured at the time of an accident?

Is it best to just take it as a learning curve and take the hit of getting it fixed ourselves?

If the police have created a case number will they check to see if the car was insured and will they act accordingly?

If anyone can help then we would be very grateful

Torry_Quine

Insurance taken out tomorrow can't cover an incident which has already happened.

Quentin

Regarding the police, you'll just have to cross your fingers and hope they don't require docs/check the database.

But as far as the damage is concerned then you should claim directly from the third party. There will be no problem as long as there is no dispute about liability.

forgotmyname

Uninsured it should have been declared SORN and parked off the road.

Fingers crossed. Who knows what will happen next. Fines from DVLA for not declaring SORN?

Uninsured vehicle on the road? 1st thing get it off the road and onto private land quickly.

Pocket_the_lot

I sympathise with the situation and hope that everything turns out well in the end.
Here is some information from a Daily Mail article regarding new rules that apply to uninsured vehicles that many may have missed and not be aware of and it seems to apply even if the vehicle is taxed but off of the road.
It even appears that this statement: ''The only exception is if the registered keeper makes an official declaration that the car is permanently off road and not being driven'' Really means that SORN has not only to be declared but the tax disk returned to the DVLA.
From Direct Gove. ''The change in the law means, you will only be able to take your vehicle off the road and cancel your insurance by returning your tax disc to DVLA.
It must be returned on a V14 (application form for a refund of a tax disc) and SORN declared at the same time.''
I am more than happy to point this out for clarity considering my ''awakening'' due to the unfair treatment from a particular insurance company because in a similar way normally law abiding citizens could find themselves caught out simply because of the misunderstanding that may result as a consequence of the way things have been chosen to be structured.
Drivers who don't renew car insurance in time 'will be clamped on their driveway'

By Ray Massey



Motorists who fail to renew their car insurance face having their car clamped in their driveway, seized and destroyed.
The clamp-and-scrap powers, being given to the Driver and Vehicle Licensing Agency (DVLA) by ministers, are a fresh weapon in the Government’s fight against uninsured drivers.
The new system, called continuous insurance enforcement, goes fully live in June and means cars must be insured at all times - and no long have to be spotted on the road to be clamped and seized.
The only exception is if the registered keeper makes an official declaration that the car is permanently off road and not being driven.
Motoring groups fear innocent motorists who forget to insure their vehicle on time because they are on holiday or have an extended stay in hospital will fall foul of the new rules which can also see drivers landed with a £100 fine.
But road safety minister Mike Penning insists drivers will be given a warning letter and a £100 fixed penalty notice before any car is clamped and seized from the driveway.

TerryAdams

Hello, thanks for your thoughts.

I understand the not been insured repercussions and am willing to accept the fall back from this. The car will be insured today and I can only hope that the police dont check.

However can someone assist with what can happen with regards the claim against the other party. Will there be an issue claiming against them with a new policy?

scheming_gypsy

The 'easiest' solution might be to ask the other party if they want to go through their insurance or not, with it being a low cost repair as they may lose NCD from it. If they don't, get it fixed, get it insured and hope nothing else comes from it.... That's what I'd do anyway.

I'd guess it's unlikely the police will check if it's insured, they say it, gave you a crime reference number in case you need one and then went on their way. If somebody had been driving the car they'd probably have done the checks there and then to make sure both drivers were legal.

spiro

You can claim directly of the other persons insurance, you dont need the insurance company to do it for you. Just get quotes (at least 2) for the repairs and send them to their company.

shaun_from_Africa

TerryAdams wrote: »

However can someone assist with what can happen with regards the claim against the other party. Will there be an issue claiming against them with a new policy?

No policy, be it household, travel or motor insurance will provide cover or assistance for any claim that occurred prior to the insurance start date.

interstellaflyer

spiro wrote: »

You can claim directly of the other persons insurance, you dont need the insurance company to do it for you. Just get quotes (at least 2) for the repairs and send them to their company.

I don't know that you can do this, I got rear ended whilst waiting at a red trafic light, the proceedure was that my insurance company authorised the repair and claimed the cost back from the other persons insurance company, mind you that was 12 years ago, things might have changed.

Quentin

TerryAdams wrote: »

However can someone assist with what can happen with regards the claim against the other party. Will there be an issue claiming against them with a new policy?

None whatsoever as far as you having no insurance at the time of the incident.

Your insurance status is irrelevant to you being able to make a claim against the third party.