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Drink Driving Insurance

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steve1500
steve1500 Posts: 1,460 Forumite
Part of the Furniture 1,000 Posts Combo Breaker
Daughter involved in accident & rear ended another driver and was over the limit. Having read the small print in the insurance T &C's. the company can come after her for any 3rd party expenses they pay out.

Is there anyway that you control the amount of money what the insurance company payout. Such as other party jumping on the whiplash band wagon.
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  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    steve1500 wrote: »
    Daughter involved in accident & rear ended another driver and was over the limit. Having read the small print in the insurance T &C's. the company can come after her for any 3rd party expenses they pay out.

    Is there anyway that you control the amount of money what the insurance company payout. Such as other party jumping on the whiplash band wagon.

    Why would it worry you? It really isn't your/daughter problem any more just leave it up to the insurance company..

    Your daughter is going to have bigger problems when she gets her licence back in a year or two and whether the insurance company have paid £1,000 or £100,000 will have little or no bearing on how much it will cost her in the future.
  • ppc_guy
    ppc_guy Posts: 412 Forumite
    He is saying that his daughters insurance company can seek to recover any damages from them directly. I.e. if the daughters policy pays out £100k then the daughter can be pursued for it.
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  • fivetide
    fivetide Posts: 3,811 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hintza wrote: »
    Why would it worry you? It really isn't your/daughter problem any more just leave it up to the insurance company..


    I think the point is that it is their problem.

    If the insurance company can chase them for the 3rd party claim it could run into £0000's for repair of the car, personal injury etc.

    In answer to your question OP I don't think so. They'll pay out whatever they pay out. If the otherside get a claims management company the cost will go up very quickly.
    What if there was no such thing as a rhetorical question?
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    ppc_guy wrote: »
    He is saying that his daughters insurance company can seek to recover any damages from them directly. I.e. if the daughters policy pays out £100k then the daughter can be pursued for it.


    OK I re-read the post and understand where the OP is coming from now.
  • bluenoseam
    bluenoseam Posts: 4,612 Forumite
    steve1500 wrote: »
    Daughter involved in accident & rear ended another driver and was over the limit. Having read the small print in the insurance T &C's. the company can come after her for any 3rd party expenses they pay out.

    Is there anyway that you control the amount of money what the insurance company payout. Such as other party jumping on the whiplash band wagon.

    Your daughter rear ended someone while over the limit, without wanting to sound obnoxious, I think the "whiplash band wagon" wouldn't even be in the competition for worst thing wrong here!

    Ultimately as others have pointed out, they can pursue her for costs, but the limit to what can be paid out is ultimately what one can afford. I think the judge would have scope to assess what would be a "fair" amount that could be reclaimed understanding that it's highly unlikely your daughter would be able to afford something crazy like a £1m claim. However I suspect this figure will be somewhere between the pricey and insanely expensive levels, something she'll need to get used to especially if she wishes to drive again.
    Retired member - fed up with the general tone of the place.
  • Jack_Regan
    Jack_Regan Posts: 210 Forumite
    steve1500 wrote: »
    Daughter involved in accident & rear ended another driver and was over the limit. Having read the small print in the insurance T &C's. the company can come after her for any 3rd party expenses they pay out.

    Is there anyway that you control the amount of money what the insurance company payout. Such as other party jumping on the whiplash band wagon.

    Why shouldn't the third party claim if they were injured?

    If she ain't got the funds to pay then maybe it's time for her to put the house on the market.
  • GAZ237
    GAZ237 Posts: 403 Forumite
    steve1500 wrote: »
    Daughter involved in accident & rear ended another driver and was over the limit. Having read the small print in the insurance T &C's. the company can come after her for any 3rd party expenses they pay out.

    Is there anyway that you control the amount of money what the insurance company payout. Such as other party jumping on the whiplash band wagon.

    Totally out of yours or your daughters control.

    Its likely she will be repaying the insurance company for a good few years.

    Count yourself lucky your not having to visit her in prison, if she had killed someone, when driving sloshed.
  • ic
    ic Posts: 3,433 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Just be glad that she and the innocent party aren't dead, and that the innocent party are being looked after. Its her own fault - leave her to deal with it, "young and stupid" shouldn't be an excuse. I presume the police are on her case? A driving ban, fine, and prison time are all on the cards.
  • Aretnap
    Aretnap Posts: 5,769 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Prison isn't going to happen unless she caused serious injury, she was WAY over the limit, or she's a repeat offender. She can expect to be fined and banned for at least a year though. See the sentencing guidelines here on page 124.
  • prowla
    prowla Posts: 14,004 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I wonder how the insurance company can pursue the motorist for costs, etc.

    Surely that's what insurance is for?

    You bet them the price of the premium you will have an accident and they bet you the price of the policy coverage that you won't.

    (P.S. There's no point in lecturing the OP now, is there... And there's no point in going into the ifs and buts of what might've happened had the planets been differently aligned at the instant it happened, either.)
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