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Hit by uninsured driver - need help

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Comments

  • If I recall correctly there is a fund to pay for people who are hit by uninsured drivers, your insurance company should really be dealing with this for you, that's what you pay them for.

    Hope you get it sorted out, I cant believe what some people will do and it ends up leaving us law abiding citizens with grief.
  • Quentin
    Quentin Posts: 40,405 Forumite
    If I recall correctly there is a fund to pay for people who are hit by uninsured drivers, your insurance company should really be dealing with this for you, that's what you pay them for.......

    This is poor advice.

    In this case there is insurance cover in place as the vehicle was insured even though the driver wasn't. (So the MIB fund you refer to cannot be used)

    If you put in a claim to your own insurer they will always deal with it (providing you have comprehensive cover), but you are then faced with paying your excess, having to await settlement then reclaiming it, losing your NCD until the matter is resolved and your insurer has been reimbursed un full, having to still pursue the third party for your uninsured losses when claiming directly off the third party etc.
  • Sarah2490
    Sarah2490 Posts: 266 Forumite
    I think I am just going to have to scrap that car and foot the bill for a new one myself not that I can afford it :(

    Claiming through the insurance would be more costly in the long run

    I'll probably lose my job too as I can not get there!

    She'll get away with a slap on the wrist and a small fine

    Doesn't seem fair to me but you live and learn!
    Crazy unorganised mum in need of help!
    NSD = 0/42 - July Shopping Challenge = 0/£40
    Debt - 0/£4k (estimate)
  • pendulum
    pendulum Posts: 2,302 Forumite
    edited 29 May 2012 at 11:01AM
    You're not really listening to the advice given.

    Your premiums are already going up (whether you claim or not) because you've told them about the incident now, so it'll be on the CUE database which multiple insurers check. You will need to declare that loss for 3 to 5 years depending on insurer. With that in mind you have nothing to lose claiming from the other insurer.

    You haven't done too badly so far, you got the police involved and you have proof their car hit yours. Don't ruin it by just giving up...
  • Quentin
    Quentin Posts: 40,405 Forumite
    Sarah2490 wrote: »
    ....Claiming through the insurance would be more costly in the long run......

    How have you come to that conclusion?

    You have nothing to lose by progressing this claim (via the third party)!

    You will get all your costs plus a replacement car till yours is repaired/written off.

    You have a number of threads all about this one incident and in all of them have been given sound advice on how to proceed (though ignore those telling you to use your own insurance policy to claim from!)
  • Wig
    Wig Posts: 14,139 Forumite
    edited 29 May 2012 at 11:22AM
    What is the damage?
    Is it undriveable? why?
    What was the quote for repair?

    You have already alerted your insurer to the accident this WILL increase your premium, nothing you can do about that.

    You don't have to claim from your insurer - but you can claim directly with their insurer.

    When you tell us what the damage is we can decide if it is repairable by you and you get the third party to pay either by them directly or you claim against their insurer. Their insurer is liable no matter what they may try to tell you.

    I agree a settlement figure with the family directly of £1000 would be suitable.
  • Tilt
    Tilt Posts: 3,599 Forumite
    neilmcl wrote: »
    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.

    As I pointed out in post 6
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • malkyh
    malkyh Posts: 1,085 Forumite
    Sarah2490 wrote: »
    Thank you for all your help

    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'm sorry to tell you this, but even if it's on your policy as 'info only' it may well still affect any renewal price. The same as 'non fault' accidents still go against you.

    When I had two non faults (people had hit me) I questioned if this would affect my premiums and they said yes. I asked why and they told me that I seem to drive in the wrong places at the wrong times.
  • Sarah2490
    Sarah2490 Posts: 266 Forumite
    Some one who owns a repair garage (a family friend) has confirmed it's a total write off. the damage is to the back drivers side wheel arch /door/back bumper the wheel is popped and alloy crushed


    I know my premium will be effected but having a years no claims will help to counter act the cost. I have done some dummy calculation on line and the difference is £100's for having 1y NCD to not having it even with the declared accident

    As the claim will take longer than is left on my insurance it will not be settled in time to get the NCD even if all the cost were regained so I would be looking at £1850 against £1375 (from dummy quotes) to insure this year

    I have checked with the my insurance and Albany Assistance and I will not be be able to get a hire/replacement car through them as the driver was uninsured even though the car is insured.

    I do not have the details of the other cars insurance but I have requested these via the police officer that attended. Once I get these I am going to inform the guilty party that I intend to go via the insurance to see if they will pay up with out insurance involvement. If not I will call the company and see if I can claim direct form them as a last ditch attempt before I take any other actions.
    Crazy unorganised mum in need of help!
    NSD = 0/42 - July Shopping Challenge = 0/£40
    Debt - 0/£4k (estimate)
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    I know my premium will be affected

    It shouldn't be. My wife's car was hit while parked and it didn't affect the next premium at all. The insurance company marked it down as 'no fault'.
    I used to think that good grammar is important, but now I know that good wine is importanter.
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