Advice following accident with a drunk driver

Torry_Quine

It's usual for your courtesy car to be only until the car is declared a write-off.

Rodney_Trotter

Tilt wrote: »

Er... yes you can. You can claim for loss or damages to property which may (or may not) be an un-insured loss.

http://www.findlaw.co.uk/law/criminal/drink_driving/500104.html

Really?

(CICA) deals solely with compensation applications from the victims of violent crime

Is excess alcohol now a violent crime?

Aretnap

Tilt wrote: »

Er... yes you can. You can claim for loss or damages to property which may (or may not) be an un-insured loss.

http://www.findlaw.co.uk/law/criminal/drink_driving/500104.html

You're thinking of a criminal compensation order, I assume. In theory there's no reason why the magistrates court couldn't order a drunk driver to pay compensation to the victim of an accident - but in practice it's very rare as compensation will be dealt with by his insurers (who would end up paying the CCO for him anyway), and the order would only be for the amount his insurers would have to pay out in a civil suit. The magistrates will certainly not intervene in what's essentially an argument about the valuation of his car, as it's something they have no experience of - and other people are far better qualified to deal with it.

The Criminal Injuries Compensation Authority on the other hand only deals with injuries, and only the injuries caused by violent crime - not vehicle crime. As the link says "To claim CICA compensation, therefore, you will need to prove that the drunk driver deliberately used the vehicle as a weapon/to cause injury -- thus making you a victim of a 'crime of violence'."

Rodney_Trotter

Torry_Quine wrote: »

It's usual for your courtesy car to be only until the car is declared a write-off.

It's common now to get another 7 days to allow you to buy a car.

InsideInsurance

Torry_Quine wrote: »

It's usual for your courtesy car to be only until the car is declared a write-off.

lovemilk wrote: »

I currently have courtesy car provided by my insurance company through his.

By the sounds of it all this isnt a courtesy car at all but a credit hire. People really should know what people are giving them when they get a car and sign paperwork.

Who is telling you not to bank the cheque? Normally for disputed settlements you are instructed to bank the initial offer cheque as interim payment and if a higher figure is later agreed a second cheque for the increase will come.

The third party is liable for a reasonable period after the cheque is received. Certainly in my day we worked on 10 days from the cheque being raised which was supposed to equate to 7 days of the cheque being in your possession - you cant always trust third parties to contact you to say exactly when they did receive the cheque.

If the third party's own insurers undervalued the vehicle we would say that is an issue between them and their insurers and any additional hire for the period of the dispute should be covered by their own insurer as they are the one thats "made the mistake".

As to half a tank of petrol, stick it through as one of your uninsured losses against the third party including your evidence to the fact you had half a tank and the cost of the fuel.

Tilt

Aretnap wrote: »

You're thinking of a criminal compensation order, I assume. In theory there's no reason why the magistrates court couldn't order a drunk driver to pay compensation to the victim of an accident - but in practice it's very rare as compensation will be dealt with by his insurers (who would end up paying the CCO for him anyway), and the order would only be for the amount his insurers would have to pay out in a civil suit. The magistrates will certainly not intervene in what's essentially an argument about the valuation of his car, as it's something they have no experience of - and other people are far better qualified to deal with it.

The Criminal Injuries Compensation Authority on the other hand only deals with injuries, and only the injuries caused by violent crime - not vehicle crime. As the link says "To claim CICA compensation, therefore, you will need to prove that the drunk driver deliberately used the vehicle as a weapon/to cause injury -- thus making you a victim of a 'crime of violence'."

Yes, sorry I thought the link

http://www.findlaw.co.uk/law/criminal/drink_driving/500104.html

Would suffice in what I was referring to.

anotherbaldrick

Rodney_Trotter wrote: »

Really?

(CICA) deals solely with compensation applications from the victims of violent crime

Is excess alcohol now a violent crime?

When in control of a motor vehicle one of the worst.

Rodney_Trotter

anotherbaldrick wrote: »

When in control of a motor vehicle one of the worst.

Where's the violence then?

anotherbaldrick

Rodney_Trotter wrote: »

Where's the violence then?

Think about it.

Rodney_Trotter

anotherbaldrick wrote: »

Think about it.

Five pints and drive home, can't think of any violence in that.