Uninsured driver question

Fragilicious

Hello Forum,

I bumped (and dented) a car when reversing out of a parking space. When I got out of the car the other driver and I took photos of the damage to his car, and eachother's licence plates. We were both amiable as there were no injuries but when I asked for his insurance details he pointed me to his wife, who wasn't driving. I immediatley became sceptical.

When he asked for my details I advised him to use my licence number to get the information (I wasn't about to share info like that yet) so he suggested that we keep this outside of insurance companies, I agreed.

We swapped phone numbers and have come to an agreement on resolving this so I am not really worried but I do have a few questions.

1. It's his girlfriends car, and his car is on the other side of the country (where he works). As I understand it, even if he is fully comp on his car, he wouldn't be insured to drive his girlfriends car unless he specifically has insurance on this car too.

Assuming he doesn't have insurance and I have video footage of him driving, can he claim against my insurance?

2. Is there a way I can confirm his level of insurance on the car in question?

Thanks in anticipation.

gazfocus

He may have insurance that allows him to drive other cars with the owners permission. I have that on my policy, however, your claim would then be against his insurance, not his girlfriends.

He also might be a named driver on his girlfriends policy.

onomatopoeia99

Fragilicious wrote: »

1. It's his girlfriends car, and his car is on the other side of the country (where he works). As I understand it, even if he is fully comp on his car, he wouldn't be insured to drive his girlfriends car unless he specifically has insurance on this car too.

If he has driving other cars (with the usual ownership and consent caveats) on his policy, then he is covered third party. Every fully comp policy I've had since I was 21 has had this.

Spicy_McHaggis

Even if he has no insurance you'd still be liable for the damage you caused.

Spicy_McHaggis

gazfocus wrote: »

He may have insurance that allows him to drive other cars with the owners permission. I have that on my policy, however, your claim would then be against his insurance, not his girlfriends.

He also might be a named driver on his girlfriends policy.

That's wrong the claim would be against the OPs insurance.

gazfocus

Fragilicious wrote: »

Assuming he doesn't have insurance and I have video footage of him driving, can he claim against my insurance?

Yes he can. When a neighbour reversed into the side of my car, they gave me their insurance details and although I reported the incident to my insurer for 'information purposes only', I actually went direct to their insurance company and they dealt with the entire claim. My insurance company didn't get involved at all.

gazfocus

Spicy_McHaggis wrote: »

That's wrong the claim would be against the OPs insurance.

Sorry, I meant in general terms that it would still be his insurer that would deal with any insurance claim rather than the girlfriends insurer. The OP said they had agreed to deal without insurers.

InsideInsurance

Fragilicious wrote: »

1. It's his girlfriends car, and his car is on the other side of the country (where he works). As I understand it, even if he is fully comp on his car, he wouldn't be insured to drive his girlfriends car unless he specifically has insurance on this car too.

Assuming he doesn't have insurance and I have video footage of him driving, can he claim against my insurance?

2. Is there a way I can confirm his level of insurance on the car in question?

1) You understand wrong. It is fairly common for comprehensive insurance to include "Driving Other Cars" which gives third party only cover for the policyholder to drive any other vehicle that is not owned or leased by/to you with the owners permission. In fact with some HNW policies it gives all drivers DOC and at comprehensive cover level.

1b) His insurance is irrelevant though, its a criminal matter to drive without insurance but that doesnt in any way impact the civil matter of liability. If the tables had been reversed and he was at fault the fact he doesnt have insurance just makes making a claim against him harder but thats why the MIB exists with the uninsured driver agreement. When you are at fault though you still owe him for the damages you caused.

2) No way of you checking due to the data protection act and it is irrelevant to you any way. If you want to be vindictive then call the Police and report him for suspected driving without insurance but you are highly unlikely to get them interested.

Fragilicious

Ok cool.

There is no damage to my car fortunatley so I won't be claiming. I'm also thinking he doesn't have insurance because he was hesitant to provide his details, insistent that I swap details with his girlfriend, and all too easily appeased by the idea of keeping it away from insurance companies.

Here come the really sceptical part.

Once I have paid for the damage, and he want's to mess about with injury claims, informing my insurance provided, basically try anything to make it hard on me. What are my options if:

1. He is insured as a named driver or his 3rd party covers other cars?

2. He is uninsured to drive that car?

I dunno, I've had very little examples of decent people in my time. I'm hoping this doesn't go further, but I want to prepare for the worst.

Thanks again.

InsideInsurance

Fragilicious wrote: »

Once I have paid for the damage, and he want's to mess about with injury claims, informing my insurance provided, basically try anything to make it hard on me. What are my options if:

1. He is insured as a named driver or his 3rd party covers other cars?

2. He is uninsured to drive that car?

He could be an illegal immigrant alien, blind, no driving license and no insurance, it makes no difference. If you are liable for the accident as you admit you were then you would be liable for the damage you caused to the vehicle and the person

Fragilicious

@InsideInsurance. Ok, sucks to be me then