drunk driver crashed into my parked car

Mercdriver

HappyMJ wrote: »

Drink driving has a measurable effect on everyone's premiums. Once a drink driver has been convicted and disqualified many won't be driving again for many years and certainly won't be paying back the damages claimed when they had insurance at a time when they once were a good driver without any convictions and had cheap insurance.

Drink driving causes millions in damages to others in property damage and lives lost reducing drink driving by stronger enforcement will reduce accidents and claims made on insurance which will have a follow on effect of reducing everybody's premiums.

Insurers can reduce payouts if they feel the driver was negligent. A driver found not guilty of careless driving in court could raise a civil claim for damages against the insurer if they feel it was not their fault and no one was convicted in court but all drivers involved were charged and taken to court. Who's fault was the accident then? Who's going to pay for the back and neck pain of the insured in that case?

Depends on whom the insurance company feels is to blame. The weight of evidence is completely different - balance of probability v beyond reasonable doubt. So if by the balance of probability that driver is at fault he won't get a penny for damages.

dacouch

HappyMJ wrote: »

Drink driving has a measurable effect on everyone's premiums. Once a drink driver has been convicted and disqualified many won't be driving again for many years and certainly won't be paying back the damages claimed when they had insurance at a time when they once were a good driver without any convictions and had cheap insurance.

Drink driving causes millions in damages to others in property damage and lives lost reducing drink driving by stronger enforcement will reduce accidents and claims made on insurance which will have a follow on effect of reducing everybody's premiums.

Insurers can reduce payouts if they feel the driver was negligent. A driver found not guilty of careless driving in court could raise a civil claim for damages against the insurer if they feel it was not their fault and no one was convicted in court but all drivers involved were charged and taken to court. Who's fault was the accident then? Who's going to pay for the back and neck pain of the insured in that case?

Drink Driving has a very very small effect on everyone's premiums. The percentage of accidents connected to drink driving is a small percentage of overall accidents.

The majority of drink drivers will be back on the road in around 12 months after their ban and will incur increased premiums for (Typically) the next four years.

Where are you getting your information about Insurers reducing the payout for their drivers who have been negligent and / or convicted of careless driving?

Bear in mind that in effect all fault claims an Insurer has to pay out will mean their driver has been negligent.

The Selby crash between a car and a train cost Insurers tens of millions. Do you think they reduced the payout and then tried to recover their outlay from the driver Gary Hart?

If you're aware of any Insurers containing a clause allowing them to reduce payout if their driver has been negligent or convicted of careless driving I would be very interested to see it.

Your example of someone going to court is simple to answer, the damages incurred by the not other parties would be paid by the negligent drivers Insurer

arcon5

Come on Strider, where are you? I'll help draft your response

Well you must have got in your car and pulled out in front of him.

Why the bloody hell would you do that?

maninthestreet

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/226068/accidents-involving-illegal-alcohol-levels-2011-2012.pdf

HappyMJ

maninthestreet wrote: »

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/226068/accidents-involving-illegal-alcohol-levels-2011-2012.pdf

Thank you for that...and for the record and I know this is a forum my message isn't getting across right....I didn't mean payouts for the innocent third party in any accident which will always be paid in full I meant for the driver who has has been convicted of an offence and has comprehensive insurance claiming for damage to their own vehicle and for medical compensation. If the driver is convicted of an offence it's unlikely they'll get anything in damages for any medical problems caused by being careless. If the driver was charged and taken to court and could prove something else was a greater factor in the accident and successfully defended a careless driving charge they could raise a civil case against another third party for damages and get some sort of payout from their insurer which the insurer will then try and reclaim from the third party if possible.

dacouch

HappyMJ wrote: »

Thank you for that...and for the record and I know this is a forum my message isn't getting across right....I didn't mean payouts for the innocent third party in any accident which will always be paid in full I meant for the driver who has has been convicted of an offence and has comprehensive insurance claiming for damage to their own vehicle and for medical compensation. If the driver is convicted of an offence it's unlikely they'll get anything in damages for any medical problems caused by being careless. If the driver was charged and taken to court and could prove something else was a greater factor in the accident and successfully defended a careless driving charge they could raise a civil case against another third party for damages and get some sort of payout from their insurer which the insurer will then try and reclaim from the third party if possible.

You do realise that the link you're thanking him for does not really back up your case about drink driving having a significant effect on insurance premiums?

Careless Driving does not affect your pay out from your own Insurer for your own damages.

I'm not sure what you're getting at about a convicted driver not being able to claim for medical damages from their own Insurer. A driver that was not convicted would not be able to claim for medical damages from their own Insurer either as a motor policy covers damage to your own vehicle and liabilities to other drivers.

The only real exceptions are policies tend to have a section for personal accident that covers specific injuries such as being totally disabled, losing a limb or death as a result of an accident. This cover tends to be fairly low eg £10k.

There's also a section covering the costs the NHS normally seek to recover which tend to be circa £500.

Neither of the above are affected by you being convicted of Careless Driving. If you can find an Insurer with a restriction for careless driving that reduces these please feel free to post it.

Your final point does not really make sense either as someone taken to court for careless driving and subsequently found not guilty would not be able to raise a court case against a third party to be paid by the person who is suing the third parties own Insurance as your own insurance does not cover for your own medical injuries (Save for my examples of Personal Accident and NHS recovery as explained above).

Bearing in mind that the person being prosecuted for Careless Driving even if found not guilty would generally be the person who was liable (In civil law) for the accident anyway. So I'm not sure how you think your own Insurer (Who do not even cover medical damages for their own driver) could payout and then sue the third party (Who is unlikely to have been the negligent party).


To simplify it for you.

Your own Insurance normally covers damage to your own vehicle, liability to other vehicles and an added benefit is often Personal Accident covering a few specific injuries eg loss of life or limb or eye.

Your own Insurance does not cover you for your own injuries, if there is a negligent third party you may be able to recover damages for your injuries from the third party.

If you're the negligent driver, then you cannot recover damages for your own injuries from anyone

sams141

Hi guys! I got a quick question. On the 26 of december i was staying at my friends house my car was parked outside his flat in a bay parking. Around 7 in the morning
A drunk driver crashed in to the back of my car. Police arrived at the scene arrested the the driver.i heared the bang came outside. They gave me his details and told me that he is insured. Now i have made a claim on to his insurance and the guys who are dealing with my claim called me and said that third party insurer is not accepting the liability but they will get the money for my car etc and told me not to worry.It wasnt myfault or anything this idiot crashed in to my parked vehicle which is worth 30k. They said its a total lost . I dnt know what to do now im a bit worried perhaps some of u guys could guide me a little. Thanks

Quentin

sams141 wrote: »

...the guys who are dealing with my claim called me and said that third party insurer is not accepting the liability but they will get the money for my car etc and told me not to worry.......... I dnt know what to do now im a bit worried perhaps some of u guys could guide me a little. Thanks

You look to have instructed an accident management company to deal with your claim?


If so, take their advice and don't worry!

bigjl

As already said you are covered.

The driver of the other car may well find that if he had Comprehensive cover he may not be covered for his own damage and his Insurer may decide to chase him for your damages.

With any luck it costs him a fortune.

IanP2015

Lets just hope he is insured with a reputable insurance company, I'm still trying to claim back my excess from a drink driver crashing into me in September.