Hit by uninsured unlicensed driver

lilibet1

This is a long story so I will break it down, your honest thoughts would be very welcome

Last week my parked car was reversed into by a car that was insured by the passenger but the driver has no license or insurance. It is her boyfriends car and he was the passenger.

They gave false details etc but I got the reg number and the police are investigating. I have hire car here now through my insurance co and I have legal cover. Just wanted to know whether I can claim on his insurance even though the driver is not covered on it.

Many thanks as always

dacouch

The Road Traffic Act stipulates that if there's a motor policy on the vehicle that hit you, then irrespective of whether the driver at the time was covered by the policy. That the Insurer must pay third party claims eg you providing the driver was identified.

This means if you or the police get the name of the driver or thieve then you can claim directly from the other Insurer if you want.

McKneff

Just leave everything to your insurance company to deal with, cant see any problem to be honest.
His car was insured. full stop.

He's likely to be prosecuted for allowing a person to drive his car unlicensered and uninsured, but that's not your problem.

Like I say, leave it all to your ins. company, that's what you pay them for.

I would normally say just what dacouch has said, ie deal directly with the other parties ins. but you seem to have already set the ball rolling by getting a hire car from yur own company.

Good luck, and to be honest, i hope they throw the book at him, mostly for the false details

[Deleted User]

Deleted. Double Post :embarasse

[Deleted User]

No you can't claim on the insurance.

You will have to either claim on your own insurance, or make a claim to the MIB's Uninsured Drivers' Agreement.

First step, if you haven't already done so, is to make a formal complaint to the police.

You won't be able to proceed with an MIB claim until you have.

You also need to inform your insurer, whether you will be claiming from them or not.

McKneff

Bedsit_Bob wrote: »

No you can't claim on the insurance.

You will have to either claim on your own insurance, or make a claim to the MIB's Uninsured Drivers' Agreement.

First step, if you haven't already done so, is to make a formal complaint to the police.

You also need to inform your insurer, whether you will be claiming or not.

Completely wrong there BB.
car that did the hitting was insured. makes no difference who was driving it.

OP said Police were investigating the wrong details given.

OP has already contacted their ins. company, hence the hire car.

dacouch

Bedsit_Bob wrote: »

No you can't claim on the insurance.

You will have to either claim on your own insurance, or make a claim to the MIB's Uninsured Drivers' Agreement.

First step, if you haven't already done so, is to make a formal complaint to the police.

You won't be able to proceed with an MIB claim until you have.

You also need to inform your insurer, whether you will be claiming from them or not.

The MIB will not deal with the claim

dacouch

151 Duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks.

(1)This section applies where, after a certificate of insurance or certificate of security has been delivered under section 147 of this Act to the person by whom a policy has been effected or to whom a security has been given, a judgment to which this subsection applies is obtained.

(2)Subsection (1) above applies to judgments relating to a liability with respect to any matter where liability with respect to that matter is required to be covered by a policy of insurance under section 145 of this Act and either—

(a)it is a liability covered by the terms of the policy or security to which the certificate relates, and the judgment is obtained against any person who is insured by the policy or whose liability is covered by the security, as the case may be, or

(b)it is a liability, other than an excluded liability, which would be so covered if the policy insured all persons or, as the case may be, the security covered the liability of all persons, and the judgment is obtained against any person other than one who is insured by the policy or, as the case may be, whose liability is covered by the security.

http://www.legislation.gov.uk/ukpga/1988/52/section/151

Question 12

http://www.mib.org.uk/NR/rdonlyres/031A958B-1950-4064-8367-EAE93C4DB5AE/0/FAQGuaranteedFund.pdf

12. What is the position if
injury or damage is caused
by a stolen vehicle?
Section 151(2) of the Road Traffic Act 1988 places an
obligation on the insurers of the legal owner of a stolen
vehicle to meet a judgment against the driver of the
stolen vehicle.

lilibet1

So the points are clear as I would really really like to know where I stand.

Other persons car is def insured. The driver his girlfriend def not insured and def no full licence. Police are dealing with it as they both gave me false names, address, phone no, ins co, the works! They were only traced through number plate. I know I can't claim off the MIB as the car is insured so my only hope is still being able to claim off of his ins.

I have fully comp ins and have legal cover if that helps you.

Many thanks

dacouch

You can either claim off your own Insurance or assuming the police identify the driver the other Insurance.

I expect the police will identify the driver as they will go to the owners house, explain the consequences that both of them either get in trouble or the one with no licence gets in trouble. They normally go for the one with no licence eg the driver. (They can technically convict both).

Is your car a write off or can it be repaired?

Who are you insured with ?

Whats your excess ?

lilibet1

No my car isn't a write off dacouch, it has about a grands worth of damage. My excess is 220.00 and I'm insured with allianze but use a broker and have legal cover. From what I have been told, they are saying they will try and claim off the op ins which is more than. Failing that they will prosecute him. Does this make sense to you? Thanks. I have found this very upsetting tbh.