Uninsured Driver Claim on my policy

caezar

In response to some of the questions asked:

The insurer is elephant.

My sister is not named on my policy. However, she was present at the time of the incident along with one other person. So three people: the driver Katie, my sister and another of my sister's friends. My sister doesn't know how to drive so she was not driving at the time. We all live in a large flat and I never used to keep my keys hidden away. None of them drive (though Katie has a license) so the thought of one of them taking it out never crossed my mind.

I will be reporting the incident to the police as soon as possible. I will also try to get sworn statements from my sister and the other witness who were present at the time of the incident. I don't know what good it may do but at the very least, I want to clear any doubts about my story.

I am currently on holiday (I received the letter from the insurer by email a few hours ago) but when I return, I will be seeking legal advice. I will also try to get some more information on Katie's address in South Africa.

I'm all ears to any piece of advice you may have for me. I want to get this cleared up as quickly and painlessly as possible.

raskazz

caezar wrote: »

In response to some of the questions asked:

The insurer is elephant.

My sister is not named on my policy. However, she was present at the time of the incident along with one other person. So three people: the driver Katie, my sister and another of my sister's friends. My sister doesn't know how to drive so she was not driving at the time. We all live in a large flat and I never used to keep my keys hidden away. None of them drive (though Katie has a license) so the thought of one of them taking it out never crossed my mind.

I will be reporting the incident to the police as soon as possible. I will also try to get sworn statements from my sister and the other witness who were present at the time of the incident. I don't know what good it may do but at the very least, I want to clear any doubts about my story.

I am currently on holiday (I received the letter from the insurer by email a few hours ago) but when I return, I will be seeking legal advice. I will also try to get some more information on Katie's address in South Africa.

I'm all ears to any piece of advice you may have for me. I want to get this cleared up as quickly and painlessly as possible.

I think you need to clarify exactly how the friend came to be driving the vehicle and who exactly "took" the vehicle without consent.

Did your sister's friend take the keys of her own accord and deceive your sister into thinking that prior permission had been given? Or did your sister effectively permit the friend the drive and hand her the keys knowing that you had not given permission? Also, did your sister's friend live with you at the time of the incident?

These details are crucial given the Elephant policy wording.

dacouch

Did the sisters friend live with you by any chance

caezar

raskazz wrote: »

I think you need to clarify exactly how the friend came to be driving the vehicle and who exactly "took" the vehicle without consent.

Did your sister's friend take the keys of her own accord and deceive your sister into thinking that prior permission had been given? Or did your sister effectively permit the friend the drive and hand her the keys knowing that you had not given permission? Also, did your sister's friend live with you at the time of the incident?

These details are crucial given the Elephant policy wording.

To be honest, I'm not exactly sure how it happened. I just know that the 3 of them went out with my car without telling me or seeking my permission. And they didn't tell me until the insurance company sent a letter and I started asking questions.

I will ask my sister for more details. However, I don't think that my sister's permission is equivocal to my permission.

caezar

dacouch wrote: »

Did the sisters friend live with you by any chance

No. She was just visiting.

raskazz

caezar wrote: »

However, I don't think that my sister's permission is equivocal to my permission.

You may not, but Elephant's policy wording does exclude all cover for taking without consent by a family member. Thus if your sister in effect did the "taking" (which is possible even if she did not drive herself) then you will be in a very sticky situation.

caezar

raskazz wrote: »

You may not, but Elephant's policy wording does exclude all cover for taking without consent by a family member. Thus if your sister in effect did the "taking" (which is possible even if she did not drive herself) then you will be in a very sticky situation.

Right. Thanks, I'll keep that in mind.

prowla

The OP obviously didn't report the car stolen because he didn't know it was stolen/borrowed/moved/whatever - he went out to work in the morning and the car was there and when he came home from work the car was there.

The OP does not have to lock up the keys in his own house; that is not a stipulation of any insurance policy that I know of.

If the sister is seen to have taken the car (probably including authorizing the taking of the car), then I think she has dropped the OP right in it.

real1314

On the basis of your statements:-

Your sister will be in trouble for taking without consent and aiding & abetting driving without insurance, the sister's friend may be in trouble for taking without consent (depending on what your sister told her) and will also be in trouble for driving without insurance.

Given that there are NHS fees within the claim, it seems unlikely that the was no-one injured, as you say your sister claims. She seems somewhat unreliable. Maybe a spell in custody would improve her attitude?

:cool:

caezar

real1314 wrote: »

On the basis of your statements:-

Your sister will be in trouble for taking without consent and aiding & abetting driving without insurance, the sister's friend may be in trouble for taking without consent (depending on what your sister told her) and will also be in trouble for driving without insurance.

Given that there are NHS fees within the claim, it seems unlikely that the was no-one injured, as you say your sister claims. She seems somewhat unreliable. Maybe a spell in custody would improve her attitude?

:cool:

Lol. The way I'm feeling right now, I think a spell in custody WOULD teach her to be more responsible.