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Hit by a drunk driver - insurance not valid?

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  • Quentin
    Quentin Posts: 40,405 Forumite
    If the driver can't be traced but the vehicle can then the mib untraced driver scheme will deal with the claim if it's not tesco's liability.
  • dacouch wrote: »
    The other drivers Insurers (Tescos) are liable under the Road Traffic Act 151 2 B

    "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

    It's not optional for Tesco as they have to pay valid claims providing the driver was identified eg arrested by the police or they stopped at the scene etc.

    Sorry I wasn't clear in my post. The insurance company does have liability to 3rd parties but not the cost to the owner if the drunk idiot driving makes a mess of the car.
  • Wywth
    Wywth Posts: 5,079 Forumite
    ILW wrote: »
    Someone is telling fibs.

    It does sound like it , doesn't it? ;)
  • Buzby
    Buzby Posts: 8,275 Forumite
    The police will not be interested either if there is no personal injury and the driver is unidentified, more so if the vehicle causing the damage is unknown, or if the accident was on private property.

    Having been hit and run by a taxi, and no ability to get even a partial VRM, I had to either let my insurers pay and suffer the loss of NCD, or pay myself. I chose the latter.
  • prowla
    prowla Posts: 13,984 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Shouldn't your insurance be taking care of it?
  • Quentin
    Quentin Posts: 40,405 Forumite
    prowla wrote: »
    Shouldn't your insurance be taking care of it?

    As either the third party or the MIB would deal with this, then no need to claim off your own policy. (Which might end after a write off, mean you lose your NCD etc etc)
  • Pee
    Pee Posts: 3,826 Forumite
    If the driver is unknown or the police are not interested, then I wonder what evidence there will be that the driver was drunk?
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