Hit from behind whilst uninsured!

shadowfnx

Hello! I've got myself into an absurd situation and am looking for some advice on how to proceed.

My car was hit from behind yesterday in a collision that was not my fault. I was stationary in a queue of traffic when a lorry driver absent mindedly ploughed into the back of the car behind me. That car then in turn hit into mine. Luckily I had my handbrake on and slammed on the brakes, as my car held onto the road long enough to not hit the car in front. I called the police and ambulance whilst helping the occupants of the vehicle behind me to safety. Their car was a total write off, whilst my own sustained rear damage to the bumper and structure of the boot. When the police arrived the driver of the lorry admitted full liability for the accident, and statements were taken by all involved.

Now the problem is, it turns out I was driving uninsured! I had only just purchased the vehicle from a private trader the day before, and part of the deal was that he'd keep his trade insurance on the vehicle for 7 days. For this reason I had planned my own insurance to begin next week. I contacted the trader when I got home and he explained to me that he had apparently cancelled the insurance as soon as I purchased the vehicle, leaving me with £3000+ worth of damage to my car and a possible court summons for driving without insurance.

Funnily enough, after the accident occurred I had a sinking feeling the trader may have been lying about the insurance, so I asked the officer at the scene what would happen if that was the case. He told me that as a new driver - only passing last week - driving uninsured can result in 6 points and my license being revoked. He said that I could try to explain to the courts the mitigating circumstances surrounding the situation, should it get that far. He also did not impound the car, which leads me to believe that the car must have been insured by somebody at the time of the accident. I've now taken out full insurance on the car, and have learned a harsh lesson about writing up contracts when making private purchases.

However, I am severely worried that I will not be able to have the extensive damage to my car fixed. Will the lorry driver's company be able to get away with hitting my car? Are the police likely to get in touch with me about driving uninsured?

What on earth do I do next?

TeaCake

Did you have anything in writing from the trader regarding the 7 days of trade insurance?

TrickyWicky

The police will be in touch with you yes. Whenever dealing with a trader get these things in writing. Now its your word against his and do you think he's going to go to court and admit to stitching you up?

The damage to your car can be claimed from the car behind (in theory but you weren't insured so their insurers may refuse to pay out). Despite the fact the lorry caused it, he hit the car behind you and it was the car behind you that hit YOU so therefore its the driver of the car who is responsible for hitting you. Absurd I know but thats how they do it.

You are definitely in a sticky situation with the insurance though. I'm afraid you've done yourself no favours at all and as a new driver who should know the rules after just doing a theory test etc you might get the full 6 points and a revoked licence (which will screw you right over for insurance when you pass again - plus you'll have the costs of the tests etc. I just hope you didn't borrow money to buy your car or you'll be lumbered with that too and if the other drivers insurers don't pay out because you wern't insured you're going to be feeling really down.

Norwich Union used to do a free 7 day insurance thing when buying a car and they'd email you a certificate of insurance. Keep that in mind for future reference as someone mentioned a while back they were still doing it.

scotsbob

How do you know the damage to your car is £3,000?
How did you manage to get "full insurance" today, what did you tell the insurance company about the accident?

vax2002

Insurance is by "way of bond" if you had temporary insurance you would have been issued with a certificate or cover document such as you get with hire cars.
If you have only taken the word of a car dealer, then I am afraid you have lost your licence if you are a new driver and if you have lied to the police at roadside about insurance, possibly your liberty as well for perverting the course of justice if it comes to light.
If you have not told your new insurance about the RTC, that will be voided as well.
The vehicle does not have insurance on it as a private car, you do as a driver, no certificate = no insurance.

shadowfnx

TeaCake wrote: »

Did you have anything in writing from the trader regarding the 7 days of trade insurance?

Unfortunately not, although I do have a recorded conversation in case this goes to court.

TrickyWicky wrote: »

The damage to your car can be claimed from the car behind (in theory but you weren't insured so their insurers may refuse to pay out). Despite the fact the lorry caused it, he hit the car behind you and it was the car behind you that hit YOU so therefore its the driver of the car who is responsible for hitting you. Absurd I know but thats how they do it.

Would that cause trouble for the car behind me with their insurance, as they weren't at fault either? I was hoping that being an uninsured driver would be a problem for the police to deal with, and not the insurers.

scotsbob wrote: »

How do you know the damage to your car is £3,000?

I took the car to several body shops today, two of which said the damage was outside the scope of their garages. The other two quoted me £2000 and £3000 respectively as ballpark figures. It's worth noting that they were both approved mechanics for the manufacturer of my car.

scotsbob wrote: »

How did you manage to get "full insurance" today, what did you tell the insurance company about the accident?

I had filled out the form online and set up the insurance to start next Wednesday. After the incident I changed the start date to today. I didn't realise I had to notify them of the accident and will do so in the morning.

vax2002 wrote: »

Insurance is by "way of bond" if you had temporary insurance you would have been issued with a certificate or cover document such as you get with hire cars.

Apparently the "trade insurance" covers anyone driving the car, although I am certain you are correct.

vax2002 wrote: »

If you have only taken the word of a car dealer, then I am afraid you have lost your licence if you are a new driver and if you have lied to the police at roadside about insurance, possibly your liberty as well for perverting the course of justice if it comes to light.

I told the officer in my statement that I have 7 days interim insurance provided by the person whom I purchased the car from. As far as I knew at the time, that was the case.

vax2002 wrote: »

If you have not told your new insurance about the RTC, that will be voided as well.

I'll have to get on the blower with them tomorrow and explain the situation.

vax2002

shadowfnx wrote: »

I didn't realise I had to notify them of this incident and will do so in the morning.

Expect them to cancel the insurance outright and charge you a hefty fee for doing so.

shadowfnx

vax2002 wrote: »

Expect them to cancel the insurance outright and charge you a hefty fee for doing so.

Hmm, perhaps it'll be better to just cancel it without notifying them then. I'll check if there's a cooling off period.

Am I screwed with getting the car fixed? I was considering hiring a solicitor to contact the lorry driver's insurance company, or going through an accident claims company. Will either of those avenues be applicable in my situation?

Thanks everyone for the replies.

mikey72

vax2002 wrote: »

Insurance is by "way of bond" if you had temporary insurance you would have been issued with a certificate or cover document such as you get with hire cars.
If you have only taken the word of a car dealer, then I am afraid you have lost your licence if you are a new driver and if you have lied to the police at roadside about insurance, possibly your liberty as well for perverting the course of justice if it comes to light.
If you have not told your new insurance about the RTC, that will be voided as well.
The vehicle does not have insurance on it as a private car, you do as a driver, no certificate = no insurance.

:rotfl::rotfl::rotfl:


But seriously,
op - it makes no difference to the third party what your state of insurance is/was.

They are obliged to pay out for your loss.

Any problems, find a claim management company to pursue the claim for you.

mikey72

shadowfnx wrote: »

Hmm, perhaps it'll be better to just cancel it without notifying them then. I'll check if there's a cooling off period.

Am I screwed with getting the car fixed? I was considering hiring a solicitor to contact the lorry driver's insurance company, or going through an accident claims company. Will either of those avenues be applicable in my situation?

Thanks everyone for the replies.

It will be fixed, or written off.
How much was it?

vax2002

shadowfnx wrote: »

Unfortunately not, although I do have a recorded conversation in case this goes to court.



Would that cause trouble for the car behind me with their insurance, as they weren't at fault either? I was hoping that being an uninsured driver a problem for the police to deal with, and not the insurers.



I took the car to several body shops today, two of which said the damage was outside the scope of their garages. The other two quoted me £2000 and £3000 respectively as ballpark figures. It's worth noting that they were both approved mechanics for the manufacturer of my car.



I had filled out the form online and set up the insurance to start next Wednesday. After the incident I changed the start date to today. I didn't realise I had to notify them of the accident and will do so in the morning.



Apparently the "trade insurance" covers anyone driving the car, although I am certain you are correct.



I told the officer in my statement that I have 7 days interim insurance provided by the person whom I purchased the car from. As far as I knew at the time, that was the case.



I'll have to get on the blower with them tomorrow and explain the situation.

Any traders insurance will only cover vehicles he owns, once sold I doubt very much any cover exists, any such policy would cost tens of thousands in premiums, as you have found out, it was total windbaggery and bull.
On what you told the police, I would seek legal advice from a solicitor as soon as possible and arrange for them to attend the police station with you and prey they can convince them it was a genuine mistake and they only pursue the no insurance.