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Hit by possibly uninsured driver,, police not interested

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  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    and, for £10 you can get a copy of any CUE record to double check.

    Generally...fault & non fault in the insurance world is not to do with blame, it's to do with did your insurer/you get all the costs back from the other party.

    Yes = non fault
    No = fault
  • Put "no fault" when shopping for insurance, if it is queried all blame will lie with Aviva for telling you that. As a consumer you can take their word for it, you would be behaving correctly.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Put "no fault" when shopping for insurance, if it is queried all blame will lie with Aviva for telling you that. As a consumer you can take their word for it, you would be behaving correctly.


    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.

    erm.......
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I think I might be able to see a slight flaw in that cunning plan
  • Aretnap
    Aretnap Posts: 5,761 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If your old insurer had told you that you could report it as a "no-fault" claim then if the new insurer disagreed I think you could make an argument that you'd reasonably believed that you were supplying the correct information, and therefore that you shouldn't be penalised for it. However it's not an argument that I'd want to have to make after I'd had my policy voided and been presented with the bill for a serious accident.

    I've noticed that some insurers seem to have stopped asking about "fault" and started asking "was full recovery made from the other party?" or something similar. This is arguably a better wording, and if you were asked a question like that anything Aviva told you about "fault" would certainly be irrelevant.
  • 1jim
    1jim Posts: 2,683 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I asked about the CUE database entry and this was the reply


    This will be recorded as a non-fault incident on the CUE database as I have allowed your No Claims Years at 0% responsibility for the incident that took place. Due to the circumstances you would only be able to claim under the ‘Uninsured Driver Promise’ if the accident was not your fault. You shouldn’t have any issues with future policies/insurers but if they do query it we are always able to provide you with a letter disclosing that this incident was a non-fault on your behalf and had no effect on your No Claims Discount, I hope this helps.
  • I should make myself clear. You can put it as "no fault" until Aviva say otherwise. As far as you are concerned it is not your fault and if you have legal cover you expect Aviva to sue the uninsured driver to recover the costs.
  • Quentin
    Quentin Posts: 40,405 Forumite
    I should make myself clear. You can put it as "no fault" until Aviva say otherwise. As far as you are concerned it is not your fault and if you have legal cover you expect Aviva to sue the uninsured driver to recover the costs.

    You don't seem to understand that "fault" in this context does not have anything to do with "blame".

    The OP is not to blame, though his claim is a "fault" claim!

    And whether or not the OP has "legal cover" is irrelevant to Aviva chasing the driver to "recover the costs" - that isn't why we are asked to pay extra for "legal cover", (which is for uninsured loss recovery)
  • Quentin wrote: »
    You don't seem to understand that "fault" in this context does not have anything to do with "blame".

    The OP is not to blame, though his claim is a "fault" claim!

    And whether or not the OP has "legal cover" is irrelevant to Aviva chasing the driver to "recover the costs" - that isn't why we are asked to pay extra for "legal cover", (which is for uninsured loss recovery)

    When I do a comparison search it asks me if I have had any accidents that were my fault. That is a simple, plain English question that I answer truthfully. More over most sites ask you for specifics, such as "hit by uninsured driver" now.

    As you point out, legal cover is for recovery of uninsured losses. If you don't have it the insurance company will often just say "too bad, guy had no insurance, it's up to the police but your fully comp policy will cover the costs (and jack up your premiums)". If you have legal cover they will pursue the uninsured person for those costs. This has happened to myself and a close relative, and in both cases we were told that due to having legal cover the insurance company would sue the uninsured driver, and that if we didn't have it the cost would have counted against us instead.
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