Hit by possibly uninsured driver,, police not interested

Aretnap

1jim wrote: »

It's really a moot point now, but are the police correct in saying that someone does not need to give you any insurance details at all unless there is an injury?

That's correct, at the scene at least. If it's a damage only accident you only have to give your name and address, the name and address of the vehicle's owner (if different) and your vehicle registration number. If injury was caused you also have to either show your insurance certificate at the scene, or report the accident to the police.

http://www.legislation.gov.uk/ukpga/1988/52/section/170

There's a seperate duty to give details of your insurance policy - but only when someone actually makes a claim against you, not at the scene of the accident.

http://www.legislation.gov.uk/ukpga/1988/52/section/154

1jim

Thanks, the guy has said he has insurance, says it's with "melton farmers". He can't give any more detail than that
It's not registered on askmid
Aviva can't see it on their system
The police couldn't see it on their system when I reported the failing to stop but don't seem keen to pursue it

specialboy

1jim wrote: »

Actually,that's a fair point and one I hadn't thought about. Maybe he's already been fined for not having insurance as an automatic thing, do you know what the computer does if they remain uninsured...do they just keep getting fined, is it forgotten about or at some point does the computer spit out a command for a person to do something?

If the vehicle is sorn then the owner wont get an automatic fine for non insurance, its down to the police to catch him using the vehicle on the road.

[Deleted User]

Do you have legal cover? If so make sure that Aviva pursue him for every penny so it doesn't count as an at-fault claim against your record.

vaio

Quentin wrote: »

Yes its a fault claim unless they get full recovery of all their outlay.
("Fault" doesn't mean "blame" in insurance language).


If the third party is uninsured but has assets hopefully Aviva will pursue him!


Equally you would need to be sure the third party has the funds to pay you if you pursue him for your uninsured losses.

Uninsured losses can be claimed from the MIB

1jim

Just had an email from aviva, paying back the excess by bank transfer, I also asked how to record this at renewal and have been advised to record this as a no fault claim going forward

1jim

I also asked about them pursuing the driver and this is what they said


You should disclose this as a non-fault incident at the time of renewal.

Once we have received all invoices for the file it will be reviewed in respect of pursuing the third party driver direct for all claim costs, alternatively if the third party driver still has the insurance certificate from which his policy was cancelled we would continue to pursue his previous insurer direct for the claim costs.

dacouch

1jim wrote: »

I also asked about them pursuing the driver and this is what they said


You should disclose this as a non-fault incident at the time of renewal.

Once we have received all invoices for the file it will be reviewed in respect of pursuing the third party driver direct for all claim costs, alternatively if the third party driver still has the insurance certificate from which his policy was cancelled we would continue to pursue his previous insurer direct for the claim costs.

It's very important that you realise that Aviva can only speak for themselves and cannot tell you what an other Insurer would expect you to declare.

It's worth also bearing in mind that Aviva's staff normally have very little understanding about insurance

1jim

But reasonable to assume that aviva have recorded this as a no fault claim and follow their advice. As a consumer who else should I trust to tell me how to record the claim when looking for quotes elsewhere...it would seem entirely reasonable to follow my insurers advice on how to record this in the future, especially when there is an email trail to support my answers in future policies

dacouch

1jim wrote: »

But reasonable to assume that aviva have recorded this as a no fault claim and follow their advice. As a consumer who else should I trust to tell me how to record the claim when looking for quotes elsewhere...it would seem entirely reasonable to follow my insurers advice on how to record this in the future, especially when there is an email trail to support my answers in future policies

As I said Aviva have no influence over other Insurers and the person you spoke to is unlikely to have any other experience apart from working for Aviva and college or uni.

If they have miss informed you and your new Insurer discover you've declared what they are likely to regard as a fault claim as a non fault claim what difference does it make that Aviva said that it was right. These things tend to be discovered when you make a claim although a few companies check the database shortly after you apply and then cancel the policies of ones they find discrepencies on.

Have they told you what they are recording it on the CUE database as? (Not Aviva's own computer which they just use for themselves)