Minor incident but im not insured!

Nicki

HappyMJ wrote: »

Pay the third party using your own money before anything else. Satisfying the third party losses will mitigate any penalty. If the police are aware then prepare a defence if you get charged and appear in court.

There is no legal defence ever to driving without insurance - it is a strict liability offence - so even if you believed that you were insured and had good reason to believe this, if you are wrong you are still liable.

Some situations can be pled in mitigation at the sentencing stage but that is not the same as a defence to liability

bryanb

Sorry to to add to your woes, you could be also charged with driving with an insecure load.

dacouch

Nicki wrote: »

There is no legal defence ever to driving without insurance - it is a strict liability offence - so even if you believed that you were insured and had good reason to believe this, if you are wrong you are still liable.

Some situations can be pled in mitigation at the sentencing stage but that is not the same as a defence to liability

There a defences for driving without Insurance written into the RTA, there is also case law

Sgt_Pepper_2

Nicki wrote: »

There is no legal defence ever to driving without insurance - it is a strict liability offence - so even if you believed that you were insured and had good reason to believe this, if you are wrong you are still liable.

Some situations can be pled in mitigation at the sentencing stage but that is not the same as a defence to liability

An employee driving a company vehicle has a defence.

mcjordi

wont the "friends" policy pay out anyway under the RTA ? and then come after the uninsured driver?

htrj

Im 31.

Having read the policy closely it mentions 3 times that I am not covered on other vehicles. As an example it states under the heading "Endorsements" "003 - Exclude driving other vehicles extension. Cover under section 1.2 of your policy is deleted and of no effect.

dacouch

htrj wrote: »

Im 31.

Having read the policy closely it mentions 3 times that I am not covered on other vehicles. As an example it states under the heading "Endorsements" "003 - Exclude driving other vehicles extension. Cover under section 1.2 of your policy is deleted and of no effect.

If you did have it, then it's generally limited to private cars so would not have covered a "truck"

SteveJW

htrj wrote: »

Is it too late now that it is "in the system"? I was afraid that I could find myself paying for the damage and also finding myself in schtook.

The third parties claim is against the person causing the damage

I deal with the insurance claims for a large local authority, the first letter sent if we have a claim is to the driver of the other vehicle, holding them responsible for the accident and quantifying our losses. The letter then advises them to pass the correspondence to their insurers. If they pass on to their insurers we then deal directly with the insurance company.

On many occasions the third party offers to pay themselves (broken wing mirror etc) If so we invoice them directly and have no dealings with their insurance company

The driver is responsible, the insurance company covers any claims against him or her.

dacouch

SteveJW wrote: »

The third parties claim is against the person causing the damage

I deal with the insurance claims for a large local authority, the first letter sent if we have a claim is to the driver of the other vehicle, holding them responsible for the accident and quantifying our losses. The letter then advises them to pass the correspondence to their insurers. If they pass on to their insurers we then deal directly with the insurance company.

On many occasions the third party offers to pay themselves (broken wing mirror etc) If so we invoice them directly and have no dealings with their insurance company

The driver is responsible, the insurance company covers any claims against him or her.

The "driver" does not have Insurance, the claim will be paid by the Insurers of the vehicle (His friends Insurers) who will then come after the OP for payment.

htrj

"On many occasions the third party offers to pay themselves (broken wing mirror etc) If so we invoice them directly and have no dealings with their insurance company"

Is that even after the insurance companies have been contacted. Is there still a chance I could avoid this if I pay to repair the third parties car?