Hit by uninsured driver

MattMG

Good evening all

I really need your advice on this as I really don't know what to do...

A couple of weeks ago the left side of my car was damaged by a vehicle which rolled down from a parking straight into my car (stationary on a junction).

To cut a long story short, the guy didn't have a valid car insurance. He said that even if he had an insurance he would rather pay for the repairs himself rather than go through the insurance and lose his no claims discount. He's given me his driving licence details, car registration, business card and a written statement admitting his fault. It happens that his car was parked next to a building where his business is based and people working there confirmed his identity and that he would pay. And so I agreed to his offer (which I now regret!)

I obtained an estimate for repairing the car and sent to him. He said it was a bit excessive and asked for another one for comparison purposes so I provided it.

Now he said that he will pay but wants the garage to invoice his business and he will pay them directly. I have to concerns about this:

1) Even if the garage agrees to invoice his business rather than me, they won't release the car until the invoice is settled. What guarantee do I have that he's going to pay it promptly (or at all)?

2) What happens if something is wrong with the repairs and if I won't have the invoice the garage won't even talk to me?

What's more, I don't know how long the repairs will take and I need the car as I have a business of my own and can't work without the car.

What should I do next? Can I just say that I want cash and will pay for the repairs myself? Should I take a legal action?

Any advice would be greatly appreciated!
M

Quentin

Tell him you are no longer prepared to put up with all this.

He either agrees now to prepay the garage for your repairs and a courtesy car whilst the car is repaired or you will take your other option (the MIB uninsured driver scheme) which does require you to report the uninsured driver to the police.

Go to a garage of your choice, where in the event of a problem/complaint they will correct it for you. Third party's paying proforma invoices will be something the garage is used to.(Assuming it's a regular bodyshop)

I imagine he will fall in, otherwise you go to the police, report him and put in a claim to the MIB.

MattMG

Quentin thank you for your advice!

Please can you clarify if it's not too late to report a claim to MIB? I read somewhere that it has to be done within 5 days?
Also, because I have a comprehensive cover can I still put a claim through MIB? If I go through my insurance I will lose my NCB and will have to pay excess.. What's more, because I didn't inform my insurance within 14 days I'm no longer eligible for a replacement car.

Still, I might use your advice in hope he's going to fall in for it..

Regards,
M

Quentin

Presumably you aren't insured with one of the companies (eg Aviva) who don't penalise your NCD if the claim is the fault of an uninsured driver?

It's not too late for the MIB

BertTheRaccoon

You may have an excess of £300 if you go through the MIB

It is advised that you notify the police within 5 days for damage-only claims and 14 days for personal injury claims when proceeding against an uninsured driver.

For un-traced third parties you must report it within 5 for damage only and 14 for PI.

MattMG

I'm insured with Dial Direct and I just presumed they do penalise for it but will have to check T&C.

BertTheRaccoon wrote: »

You may have an excess of £300 if you go through the MIB

It is advised that you notify the police within 5 days for damage-only claims and 14 days for personal injury claims when proceeding against an uninsured driver.

For un-traced third parties you must report it within 5 for damage only and 14 for PI.

Great, thanks for that!

magpiecottage

Are you aware that this scumbag adds £30 onto your insurance premium, my insurance premium and every other law-abiding driver.

Shop him and get his vehicle confiscated.

It also sounds like he may be trying to get his business to pay for the repair out of pretax profits when he should be paying it after tax. That would be fraud.

I suggest you write to him personally informing him that you will be arranging for the work to be carried out by a competent repairer and will then claim the cost of the work from him.

You might want to wait until after you have cleared funds in your own bank before shopping him.

tasticz

magpiecottage wrote: »

It also sounds like he may be trying to get his business to pay for the repair out of pretax profits when he should be paying it after tax. That would be fraud.

exactly what i thought, I am sure OP can inform his insurance company and use claims management company who will claim via MIB

no?? any1 know about this

Thrugelmir

magpiecottage wrote: »

Shop him and get his vehicle confiscated.

Agree with this. Report the matter to the police and do everyone a favour.

spacey2012

Have you checked the reg number against MIB database for £4 to see if it has insurance held on the vehicle.
If it has the driver status is not relevant for third party claims.

nobbysn*ts

So, the car is parked, possibly off the public highway, but rolls from a parked position, into the op. Not attended, not negligent, unless the owner was sitting in the car, and a seriously bad parker? And he's offered to pay. And the advice is to refuse his offer? So, who pays if he doesn't? And what offense can we have him for? As the op hasn't confirmed he was actually in the car, and the car was initially parked on a public highway?