Uninsured Driver Claim on my policy

kizkiz

Not much use really, but just to point out that elephant are bloody useless when it comes to claiming either way
An ex was insured with them and i've never had to deal with such an incompetent bunch in my life.
I've seen faster and more efficient glaciers!

caezar

raskazz wrote: »

Why did she think that it was acceptable for her friend to take the car? Is your sister aware that she is also potentially facing a charge of taking without consent?

Actually, my sister was under the impression that Katie had obtained my permission to use the car.

Parking_Trouble

magpiecottage wrote: »

I think it is worth making a complaint to Elephant that it is being unfair.

Regardless of the terms of the policy and that the OP's sister was in the vehicle, the driver was not the sister and they did not have permission.

It is also unrealistic to expect somebody to lock up their car keys when they are in their own home.

Put in the complaint now (ideally by fax to 0870 013 1179). They have 8 weeks to respond to it. If the response is unsatisfactory or takes more than 8 weeks you can go to the Financial Ombudsman Service (free).

If Elephant reject the complaint go to the Financial Ombudsman Service IMMEDIATELY (you need to download the form and snail mail it). This is because you will then be in a race to get FOS to accept it for investigation before Elephant get it to court.

TWOC applies if you allow yourself to be carried in the vehicle. It is not just the driver.

vaio

Parking_Trouble wrote: »

TWOC applies if you allow yourself to be carried in the vehicle. It is not just the driver.

it's "knowingly allow.....", which on the basis of what the OP has said (most recently in the post above yours) is not the case here

Parking_Trouble

caezar wrote: »

Actually, my sister was under the impression that Katie had obtained my permission to use the car.

This will probably be your best angle of attack (or defence ).

It means you hang Katie out to dry.

Report it to the police and get the crime reference. Make sure your sister is prepared to make a statement that Katie led her to believe she had obtained your permission (assuming this is what really happened).

Then take it up with Elephant. Make it clear you have reported the matter to the police and that your sister is claiming innocence and prepared to state this in any criminal proceedings.

Elephant should surely wait for the police/CPS to decide if your sister has a case to answer. If they don't charge your sister I assume she cannot be guilty of TWOC'ing.

Just my personal view so you should run it past a solicitor first.

Parking_Trouble

vaio wrote: »

it's "knowingly allow.....", which on the basis of what the OP has said (most recently in the post above yours) is not the case here

Agreed.

http://www.legislation.gov.uk/ukpga/1968/60

Section 12 - couple of relevant subsections below.

(1)Subject to subsections (5) and (6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

(6) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.

dacouch

Parking_Trouble wrote: »

Agreed.

http://www.legislation.gov.uk/ukpga/1968/60

Section 12 - couple of relevant subsections below.

(1)Subject to subsections (5) and (6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

(6) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.

Which is basically what Viao said in an abridged version

magpiecottage

In which case it seems to be for Elephant to prove the offence, not for the OP to prove his sister's innocence.

So I would go down the complaint route.

Nine_Lives

I believe Elephant & Admiral are one & the same.

If so, then they're crap from my experience. My experience tells me they just happily pay out the next man a rediculous amount.

I had an accident a while ago. I overtook a man (safely i should add) who decided he didn't want to be overtaken. Instead of allowing the move, he shifted right ........ INTO me.
I knew OF this guy & his nutcase past & in a moment of madness/stupidity i decided it best/safest to not stop (yes i know before you all jump on!). I figured do it the legal way & have no legs, or carry on & still be able to walk.

Anyway, because i was overtaking the guy, i was seen as in the wrong.
I said to Admiral that in that case, the next person to overtake me, i will pull right into them & run them off the road & i'll get paid out because THEY are overtaking. That is basically what you're telling me.

In the end, they paid this guy out £700 for his car which was worth about £300. His repair was £15 for a new panel from a scrap yard.

I know legally i should've stopped, but the system is wrong. Paying out silly figures is pointless.

From what you've said, i'd dare bet that £14k is excessive, unless you've bumped a maserati or something.

caezar wrote: »

Actually, my sister was under the impression that Katie had obtained my permission to use the car.

NONSENSE!!

These sort of people really P me off. I see it all the time. Someone thinks it's ok to drive someone elses car just because they've been given permission.
Even if this woman had been given permission - it doesn't mean that she can drive your car.

I think your sister realises what she's caused & it feeding you a line & you've bought it.

Personally, if what you say is true (& we only have your word, so we have to take it) then i'd be considering your relationship with your sister as far as trust goes. What she did was totally bang out of order. She's not loaning out a DVD here for christs sake!!

Parking_Trouble

dacouch wrote: »

Which is basically what Viao said in an abridged version

Helps to have the full version though