Drunk Drivers deliberate action may invalidate 3rd party liability

Gwhizz_2

Been getting the run around from Insurers, as its possible that the drunk driver (not known to me) intended to crash into my vehicle several times..would this really invalidate the 3rd party claim?? I have no replacement vehicle and am claiming my own insurance currently. I have not been told its invalidated my claim, but its been suggested that it could, very worrying as I have uninsured losses.. Anyone else had this problem?

OnanTheBarbarian

The insurers of the drunk driver have to ultimately deal with any third party liabilities as Road Traffic Act insurer, so subject to negligence being established against an identified driver of that vehicle, they should deal with your claim.

Any wrangling about there not being cover for drink drivers is an internal issue for them to fight with their customer about and seek recovery of the costs the insurer incurs dealing with your claim back from their own policyholder.

InsideInsurance

The insurers can make it more complex for you if they want.

As the above, they almost certainly will be the RTA insurers of the vehicle and so ultimately liable to cover their clients liabilities however some insurers admit their responsibilities quickly and try to control the claim to reduce its costs. Others force you to go down the full route of suing their customer etc which technically is required to establish them as RTA insurers but ultimately add costs for them to pay.

Assuming you have comprehensive insurance you are probably best leaving it to your insurers to deal with it all for you

Gwhizz_2

I do have fully comp. insurance, unfortunately my vehicle is a much loved elderly one and may well be written off, I cant afford a replacement or to hire a car in the hope they will refund..I could actually lose my job if they don't agree to repair my car..its seems so unfair and is causing me huge stress, my insurers don't seem very pro-active..

InsideInsurance

Irrespective of the other sides insurance issues your rights remain the same in terms of total loss or repairs. Plus either way of a replacement vehicle.

If you want the car repaired rather than total lossed then try to get the price for repairs as tiny as possible. Look to back street garages, secondhand parts etc. If you go to your insurers approved repairer you're looking at mainstream rates and brand new parts so even with their discounts will be much more expensive.

Is the car actually drive-able or not? You could ask for a cash in lieu payment or retaining the vehicle if it is total lossed

OnanTheBarbarian

What sort of car/ age/model is it?

Aretnap

OnanTheBarbarian wrote: »

The insurers of the drunk driver have to ultimately deal with any third party liabilities as Road Traffic Act insurer, so subject to negligence being established against an identified driver of that vehicle, they should deal with your claim.

Any wrangling about there not being cover for drink drivers is an internal issue for them to fight with their customer about and seek recovery of the costs the insurer incurs dealing with your claim back from their own policyholder.

Doesn't this potentially come under EUI v Bristol? If I read it correctly where the other driver's policy excludes deliberate acts his insurer can potentially refuse to deal with the claim (so if the OP claims on his own policy it may end up affecting his NCD), but the OP could still claim for his uninsured losses from the MIB.

vaio

maybe but if so then I'd be arguing that deliberate acts would come under the "mental condition" bit of RTA s148(2) and as such can't be excluded

Looks like a perverse decision to me

Gwhizz_2

It was driven off the flatbed, radiator busted, front bumper damaged, light damaged, picked up by insurers garage yesterday, not heard a thing since and couldn't bare to phone, hoping no news is good news, although on the cynical side, if they are repairing, I should have a courtesy car while in for repair, if writing off, I should get a replacement car for 14 days..or they just haven't looked at it yet..


Its actually a much loved Fiat Scudo 2.0 tdi van 54 reg with 135000 miles. Great runner and was hooked up to my uninsured caravan that took several bashes and is a write off, this was prior to an assault on a kind lady who stopped to help me..The vehicle was parked up..he was arrested and pleaded not guilty!!!!!!there were witnesses..

dacouch

Who is the third party insured by?

Gwhizz_2

dacouch wrote: »

Who is the third party insured by?

Do you mean my insurer?