Advice following accident with a drunk driver

dacouch

Rodney_Trotter wrote: »

Only takes a week to 10 days to get to court though I doubt it's crown court. As the police haven't seen him driving there would have been an interview before charge. Wonder if he invented or there was another vehicle he's trying to blame. His insurance may drag things out until conviction.

I quite often find drunk drivers either do not bother reporting accidents to their insurers or take a long time to report the accident especially if their own car was low value. This leaves their Insurers trying to contact them for details of the accident and being unwilling to accept liability until they have heard from their client

Rodney_Trotter

dacouch wrote: »

I quite often find drunk drivers either do not bother reporting accidents to their insurers or take a long time to report the accident especially if their own car was low value. This leaves their Insurers trying to contact them for details of the accident and being unwilling to accept liability until they have heard from their client

And the fact insurance companies are reluctant to pay for police reports.

dacouch

Rodney_Trotter wrote: »

And the fact insurance companies are reluctant to pay for police reports.

They can typically take circa six weeks so they're a bit of a non starter for normal accidents

lovemilk

Rodney_Trotter wrote: »

Are you sure about that?

Well he was arrested at the scene of the crime, admitted he was drunk and at fault, breathalised and 3 times over the limit. Then he appeared at the crown court, not magistrates court, last week. I'm assuming he would have been charged. Surely he couldn't have got away with that?

lovemilk

Quentin wrote: »

As you have a credit hire car there will be provision in the contract for them to make you pay if you haven't been truthful in reporting the circumstances of the incident or why you need the car

If the "claim" is in dispute as you say, (rather than liability), this sounds as if the insurer is not happy that the claimant has told the truth.

But if it is "liability" in dispute, then the criminal charge is a different matter to a civil dispute, and not necessarily conclusive.

You do need liability to be agreed before you can get your excess refunded.

The MIB can be called on if you are dealing with an uninsured or untraced third party. That doesn't seem case here.

No, the incident was reported truthfully. Cars were given to us as we were all left without cars. I think it's more of the drunk drivers insured questioning liability. Which I really dont understand. He went into parked cars. Does that mean when my credit hire car is taken away (probably tomorrow) they will ask for payment. Can I refuse to pay (this wasn't pointed out to me) and ask them to get the money of mine or his insurance company? I think I could extend the credit hire car but I'm reluctant to even though I have no car right now.

Rodney_Trotter

lovemilk wrote: »

Well he was arrested at the scene of the crime, admitted he was drunk and at fault, breathalised and 3 times over the limit. Then he appeared at the crown court, not magistrates court, last week. I'm assuming he would have been charged. Surely he couldn't have got away with that?

Is there something you're not telling us/you've not been told?

http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_Update9_October_2012.pdf

Page 124, it's summary only.

Rodney_Trotter

lovemilk wrote: »

No, the incident was reported truthfully. Cars were given to us as we were all left without cars. I think it's more of the drunk drivers insured questioning liability. Which I really dont understand. He went into parked cars. Does that mean when my credit hire car is taken away (probably tomorrow) they will ask for payment. Can I refuse to pay (this wasn't pointed out to me) and ask them to get the money of mine or his insurance company? I think I could extend the credit hire car but I'm reluctant to even though I have no car right now.

You weren't told but what did you sign up to?

lovemilk

Rodney_Trotter wrote: »

You weren't told but what did you sign up to?

I'm in a muddle with this - I thought car was being provided by third party as my car not roadworthy.

Quentin

Check the paperwork you have regarding the hire car. You will see there any mention of under what circs you may have to pay for it yourself.

Bantex_2

lovemilk wrote: »

Update - the drunk driver also went into my neighbours parked car. She has had to pay for the car from enterprise out of her own pocket when they took it back while her insurance co. try and get it back. She wasn't told this upfront, neither was I. How can this be? Will I have to pay when I give my car back tomorrow? Can I refuse to pay?

Also she has been told by her insurance co, the claim in in dispute. How can this be when the driunk driver was charged and appeared at the crown court last week? Is it because being drunk makes his insurance valid? How long will we be battling to get our excess back etc? Surely it's an open and shut case?

When do you get the motor insurance bureau involved?

Thank you.

Being drunk does not automatically make someone liable for an accident.