Hit by uninsured driver - need help

Sarah2490

I can't claim through MIB as the car owner has insurance on the car even though the driver was not insured to drive. I called them to check this.

thegirlintheattic

Keep receipts for everything and take them to small claims court. Don't just let this go.

property.advert

Do whatever you can to put this whole shameful family in the dock. Breeding generations of law evaders should be discouraged, not accepted as the norm.

Your car is knackered, you are immobile, you can't really go for a hire car, so give them 14 days to pay to fix your car or stuff them in court.

neilmcl

Sarah2490 wrote: »

I have called the insurance company and they have have put it down for info only. They have basically said there isn't much point claiming as I might get something but only if they can claim through the car owners car insurance (chances are the owners insurance will be void due to letting an uninsured driver take the car)

I think they (car owner's insurer) are still obliged to settle the third-party claim (yours). Do you have their details, if so contact them directly.

dacouch

Sarah2490 wrote: »

I can't claim through MIB as the car owner has insurance on the car even though the driver was not insured to drive. I called them to check this.

As Neil has said, under the Road Traffic Act, you can claim from the insurance policy covering the learner driver whether they were named or not.

pendulum

What they said. The insurance under which the car is covered should treat you as a third party and pay your claim the same as if the learner had been a Named Driver on the policy. It doesn't matter that they weren't.

This is why you need to tell an insurer when you sell a car. I could sell my car to someone who crashes it, and if I didn't cancel the insurance, my insurer will have to pay out to injured third parties for their crash, even though I wasn't driving it and didn't even own the car.

Their insurer should go after them to recover the money they end up paying out - but you shouldn't be affected by this.

Sarah2490

Thanks you again for your comments

Does anyone know how this will effect my premium when I renew? It's already £1500 (first time driver) and I was hoping for a years NCD to bring it down.

If all I am going to get is a few hundred pounds for the car I am not sure it will be worth it in the long run?

Also I would have to use Albany Assistance! I have read some horror stories about them although if you comply and wait it out it's all solved in the end

Sgt_Pepper_2

Whether you claim or not, you still have to declare it.

Sarah2490

I understand this but where does that leave me?

Quentin

Sarah2490 wrote: »

I understand this but where does that leave me?

Do some virtual quotes online to see what difference this claim makes to your premium.