Accidentally uninsured

supersadie

Thanks. I knew that wouldn't be the case.

thenudeone

couponqueen123 wrote: »

unfortnatly you had no insurance so the fault will lie with you

Stop making stuff up on the spot.

Fault for the accident is a completely separate matter to whether insurance is in place.

forgotmyname

couponqueen123 wrote: »

unfortnatly you had no insurance so the fault will lie with you

If i were the other party i would wish that was the case.

But i would be looking at fighting it and making it a long drawn out process knowing the OP would be forking out his own legal expenses.

Nobody has answered the question yet. How does the OP stand not having insurance?
Could the 3rd party report him for driving uninsured?

If it goes 50/50 who pays what?

malkyh

What's maybe happened is the same as in my case a few years ago. Driver hits my car, gets out full of apologies stating that he was 100% at fault. Me being me, I have him sign a written admission.

He calls his insurer to admit liability. His insurer says 'WHOA THERE BIG BOY, NEVER admit to anything.

Then his story magically changes to it being 50/50 and his insurer offers half the costs. The written admission wasn't worth the paper it was written on as allegedly I held a knife to his throat and made him sign it.

innovate

supersadie wrote: »

It was all done over the phone so I have to accept what the insurance co. says, that I didn't give them the go ahead.

How long ago did you change / were you mean to have changed your insurance policy?

What proof have you got that you paid the new premium?

Quentin

forgotmyname wrote: »

Nobody has answered the question yet. How does the OP stand not having insurance?
Could the 3rd party report him for driving uninsured?

If it goes 50/50 who pays what?

If the OP was uninsured, then ultimately any costs she is found liable for will be down to her to pay.

The 3rd party can report it. (Though this will "hurt" the OP bigtime if action is taken, and she is guilty, it won't help the third party)

If it goes 50/50, then each side pays 50% of the others costs. In this case the third party's insurer would pay out for their insured's repairs, and claim 50% back from the OP to pay, and the OP would be able to claim 50% of all her costs from the third party insurer.

The OP would also have to pay 50% of the third party driver's uninsured losses - (excess, hire car etc).

hugoshavez

OP, you've had a lot of good advice here, worth pulling it together into a full strategy though:

1. Contact the TP insurer. Tell them your version of events, and that the TP was fully to blame. Tell them your own insurers are looking into whether you had cover in place, there's some kind of admin error.

(If the TP insurers are in doubt as to whether you're insured it'll immediately make them less willing to pursue you for full costs)

Tell them there was little damage to either car, and that you got a quote for a full repair. Even though it wasn't much, you couldn't afford at the moment to get this done, so have arranged a stop gap repair. Tell them the amounts. Offer to send them the quote. Then ask them if they know the amount of their insured's claim. If they don't offer on the spot to each pay your own damage then don't bring it up yourself, yet.

2. If you're in any doubt at all as to whether you agreed the quote on the phone, submit a subject access request to your own insurer asking for a recording/transcript for the call.

supersadie

Thank you for spending time on helping me. Have done pretty much as suggested above. In answer to Quentin, I didn't want to pay excess when I had a pot of car body filler and some paint in the garage! My own labour costs nothing!

Also, I have just had a letter from my own insurer, an illiterate shower I'm sad to say, saying my (latest!) premium (ie the alteration cost I agreed to pay after finding I may not have paid it earlier) has not been paid. BUT I note the caveat in my confirmation email that they add it to your DD if that's how you're paying already, which I am. I now wonder if that's what actually happened before. Accounts say you have to pay in instalments over the phone if close to renewal date. Will await developments! Thanks again.

art_for_arts_sake

roddydogs wrote: »

How can you be "Accidentally" uninsured?

The same thing's happened to me in the past. I had a no-blame accident which I asked the insurer to pursue, they said I had no insurance, unfortunately the [STRIKE]negligent[/STRIKE] broker had failed to pass on my premium meaning my policy was null and void. As the broker, who had since gone out of business, was at fault, the insurance company agreed to reinstate my cover. I now check all my paperwork very carefully.

thenudeone

Quentin wrote: »

Why would anyone exchange their insurance details then pay for damage they assert was caused by the third party?

Perhaps because they are legally obliged to provide insurance details?