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Uninsured driver

My son whilst stationery was hit by an insured driver. She was honest and said straight away that she wasn't insured and begged us not to get the police involved. she promised to pay for damage. Details were exhanged and my son informed his insurance company but said he didn't want to claim ' yet. he got 3 quotes and got in touch with her. There were between £900 - £1000. She asked if he would be prepared to take the car to a 'friend of the families' as he would give her mates rates. My son checked the garage out and it was OK. He taped a conversation with the owner saying "To make sure we are reading from the same page, Ms *** has a greed to pay for repairs to my car and I will get receipt and guarantee." The mechanic acknowledged this saying "Ms *** is going to owe me big time for this and yes she had been in touch explainign the situation". So we have a conversation with garage and one with Ms *** saying what was going to happen. However, nown it comes to the time for my son to pick his car up the garage won't let him have it until they are paid and .... you guessed it .... no one can get in touch with Ms ***. My son needs his car for work, where do we stand??? Is it worth getting the police involved, can they do anything?
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Comments

  • You should have phoned the police on day one and claimed though the MIB.

    All you can do now if you want the car back is pay the garage and persue the woman in the hope that she may pay you back, maybe small claims if needs be.

    You can go to the police but as time has passed since the incident I doubt there is any proof or witnesses to the incident so she will just claim ignorance.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Police won't help regarding the car/garage - it's a civil matter.

    (They may though be interested in the criminal matter of her driving without insurance!)

    You know your son has gone about this the wrong way, but now needs to pursue the third party.

    He can see if his insurer/solicitor can help.
  • What contact details for the other driver does your son have? Has your son actually seen the car now that it has been repaired?
    "You were only supposed to blow the bl**dy doors off!!"
  • Did you specifically acknowledge on-tape that you're aware of the girl's insurance (or lack of?).

    If not, just treat it like a case where you didn't learn until after the fact she was uninsured.
    You/he informed your insurance company of the indecent , only that you were not submitting a claim, due to the fact the 3rd party agreed to pay;
    Which it appears you have convenient proof of,
    the recorded convo with the girl in question, and with the garage agreeing to terms.

    So given that is this really such a difficult matter to resolve?
    I don't know, I'm just asking here but this situation must pop up fairly often; A 3rd party offers to pay for repairs but then fails to pay when the work's done..

    The whole thing about her being uninsured is nowt to do with the OP's "case", unless she (or her son) wants it to be, no?
  • Antispam
    Antispam Posts: 6,636 Forumite
    1,000 Posts Combo Breaker
    edited 14 February 2012 at 4:12PM
    Sorry but he should if reported this to the Police in first place. Why do you think driver is uninsured because they probably cant afford insurance or worse banned, so what makes them think they can afford a repair?

    You do realise his insurance might go up anyway even if he didn't claim

    You probably have to pay and then take the driver to court but is difficult one as its his word against theirs
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would still report her to the police to be honest, she presumably still doesnthave insurance, so theres nothing stopping her from killing somebody next time she is out.

    They will (hopefully) trace her through her reg. number and watch her.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Nine_Lives
    Nine_Lives Posts: 3,031 Forumite
    Was the mechanic / bodyshop person aware that they were being recorded?

    If not, i'm not sure about how you go forward with the recording as "evidence". Maybe it'll be allowed, maybe not. I don't know.

    Was the contact info for this woman checked out before the car was sent in - to see if the contact was legit, or whether the phone number leads to Disneyland?


    I'm certainly hoping that your son isn't going to end up learning a harsh lesson here & that he will get his money back.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    if you do not report the accident involving a non insured driver your son will be guilty of "assisting and offender" and will almost certainly be sent to prison.
    This is a very very serious matter that must be resolved immediately.
    I can not advise you on the recording evidence as it can be used AGAINST your son showing his conspiracy in the crime.
    This is a very serious matter indeed and I would recommend that you seek legal advice as a matter of the up most urgency with regards to his implicitly with the offender.
    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
  • dggar
    dggar Posts: 670 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 14 February 2012 at 5:03PM
    vax2002 wrote: »
    if you do not report the accident involving a non insured driver your son will be guilty of "assisting and offender" and will almost certainly be sent to prison.
    This is a very very serious matter that must be resolved immediately.
    I can not advise you on the recording evidence as it can be used AGAINST your son showing his conspiracy in the crime.
    This is a very serious matter indeed and I would recommend that you seek legal advice as a matter of the up most urgency with regards to his implicitly with the offender.

    My heart sank when I saw the title of the thread. I knew where it was going before I even read it.

    Leaving aside "assisting an offender"issues i doubt the recording would be accepted as any form of evidence. Signed written agreements between the garage , the OP and the uninsured driver would have been more sensible.

    The most sensible course of action in this sort of situation would be to ignore any offer to do the job "on the quiet" and report the incident to the police and the OP's insurance.

    Re-reading the first post.
    What did the OP's insurance say when the incident was reported to them. Were they made aware that the other driver had no insurance?
  • AlexisV
    AlexisV Posts: 1,890 Forumite
    Do you know where Ms * lives? Do you have her car reg?
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