RTA with no valid insurance

OzMoSiS

Hello all, I am in desperate need of any advice, and would be hugely grateful if anyone can help.

I recently had an RTA while commuting to work. My vehicle lost grip whilst going round a sleeping corner on a wet country road. I hit the oncoming traffic. The damage to both our cars is down the side, from the driver wings till the rear doors. Both cars were potential write offs.

The police attended the scene and gathered statements from both of us.

The issue lies in the fact that I had no valid insurance cover at the time of the accident. I had been trying to shop around for a reasonable quote, and after settling with a particular company, didn't manage to confirm new policy to start in time. My previous policy ran out on a Sunday, and I had contacted the new company to go ahead with the new policy to take over from my previous one. However I attempted to contact them on the Saturday before at 12:30pm but they had closed at 12pm.

Under the assumption that people have 7 days to arrange cover, I drove the car to work on Monday morning with the intention to contact the company and proceed with the new policy that morning. Unfortunately that morning was the same eventful morning that I had the accident with an expired policy.

I let both the police and the other party know the situation at the time of the accident. I was also advised by the other party not to worry as I should be covered by a 7 day grace period, which gives people a chance to settle renewal premium disputes etc.

Both vehicles were recovered by the police in order to clear the road as quick as possible. I have paid the recovery company their fees, and collected my damaged vehicle and currently breaking it for parts.

I have since received a letter from the police requesting my insurance documents showing cover at the time of the accident. I called them and explained the situation, and was told not to worry, if I provide my previous policy, and a brief cover letter, it would show that I was genuinely and actively seeking continuous insurance cover and had no intention to drive uninsured.

Obviously my previous insurer are denying any such thing as a '7 day grace period' and are refusing to cover anything. Claiming that they ended the cover on midnight Saturday as I had refused to go ahead with their renewal quote. The 'new' insurance company that I was intending to go with obviously want noting to do with the issue either.

I am now receiving correspondence from the third party insurance notifying me that they had contacted my previous insurer who confirmed that I had no valid policy with them at the time of the accident and therefore will not assist. The third party insurance has handed over the claim to Aviva claims management who notified me that they will be attempting to recoup their outlay from me personally. They have deemed the third party vehicle a total loss, and are threatening with legal action if I do not contact them immediately and settle.

In their letter, they are claiming that I swerved into the other car for unknown reasons and hit it head on. Its clear from both the cars that it wasn't head on, and I lost control due to the road conditions as confirmed by the police.

I do not know what to do, or who to turn to for advice. I cannot afford any legal fees, nor can I afford anything that the third party insurance will be looking to recoup from me. The car they wrote off was a brand new BMW 4 series.

I have now obtained another vehicle as I need it for work and the family, and it is insured adequately.

Could anyone please advise me on what to do or what my options would be.

Many thanks

dacouch

Had you informed your old Insurers you were not renewing their cover?

rs65

I think its time to seek proper legal advice.

OzMoSiS wrote: »

Under the assumption that people have 7 days to arrange cover

........

I was also advised by the other party not to worry as I should be covered by a 7 day grace period, which gives people a chance to settle renewal premium disputes etc.

.........

I have since received a letter from the police requesting my insurance documents showing cover at the time of the accident. I called them and explained the situation, and was told not to worry, if I provide my previous policy, and a brief cover letter, it would show that I was genuinely and actively seeking continuous insurance cover and had no intention to drive uninsured.

.........

Obviously my previous insurer are denying any such thing as a '7 day grace period' and are refusing to cover anything. Claiming that they ended the cover on midnight Saturday as I had refused to go ahead with their renewal quote.

I fear your old insurers are correct.


Have you informed your new insurers about the accident? Did the police warn you about a potential driving without insurance charge? If so, do your new insurers know about this?

hieveryone

How long have you been driving?

I must say, I have never heard of a 'grace period' in regards to insurance - I have always assumed you are either insured or not - why would you think otherwise? My policies have always been very clear on the period of cover i.e. '00:00 hours on x date until xx:xx hours on x date'.

I would get some sort of legal help as it seems you are in a very sticky situation with costs likely to be building as we speak.

McKneff

This is why I am a big advocate of auto insurance cover.


I fear you are in it up to your neck......

OzMoSiS

hieveryone wrote: »

How long have you been driving?

held my license for 10 years. Never had any fines, points, issues, etc...

hieveryone wrote: »

I would get some sort of legal help as it seems you are in a very sticky situation with costs likely to be building as we speak.

That is what I would like to know. What assistance is available. Should I start negotiating with the third party insurance now to limit increases? Or are they going to try and milk me for all they can? It will have to go to court if that is the case to look into affordability and IVA.

thenudeone

Many years ago some insurers DID automatically extend the cover for 7 days beyond the expiry date, (at least for the minimum RTA cover) and the renewal notices sometimes even included wording effectively turning them into a certificate of insurance for that 7 days.

However, that was long ago in the days when certificates didn't even include registration numbers, and before the MID, and before everyone had the ability to buy insurance 24 hours a day at the click of a mouse.

I'm afraid the law is very clear. Even if your insurer had agreed to provide cover and taken a payment, until and unless they have issued a certificate, you are not insured as far as the RTA is concerned. Intent is irrelevant.

I suggest you seek legal advice about how best to present the mitigating circumstances in court (if prosecuted) and deal with the claim from the third party's insurers (or the Motor Insurers' Bureaux if that's where the claim ends up).

Being prosecuted for no insurance is likely to be much less of a problem than dealing with the civil claim.

hieveryone

OzMoSiS wrote: »

held my license for 10 years. Never had any fines, points, issues, etc...



That is what I would like to know. What assistance is available. Should I start negotiating with the third party insurance now to limit increases? Or are they going to try and milk me for all they can? It will have to go to court if that is the case to look into affordability and IVA.

I'm just not sure how you could have been driving for 10 years and assume that insurance has a 'grace period'? I have never encountered this, but that's by the by now.

I'm not sure any assistance will be available? You need to think in worst possible scenarios right now.

Have you received a Fixed Penalty Notice from the police? Are they investigating the driving without insurance?

As far as I'm aware (and others will probably be along to correct me on this), if the other driver has a fully comprehensive policy with legal protection, they will have legal costs covered to recover costs from the other party. They will still have to pay their excess and potentially lose their no claims discount.

If they have 3rd party insurance, their insurance probably won't pay for their car repairs, and they would have to take you to court to recover costs.

If it was me in my brand new BMW that you wrote off, I'd be pretty p!ssed at you right now to be honest. So no, I doubt they will want to 'milk' you for all they can, but having your car written off by an uninsured driver will anger even the most laid back of commuters

rs65

OzMoSiS wrote: »

Or are they going to try and milk me for all they can?

They are not going to try and milk you. They will be looking to recover their outlay. There could be ongoing legal costs in pursuing you though.

OzMoSiS

rs65 wrote: »

They are not going to try and milk you. They will be looking to recover their outlay. There could be ongoing legal costs in pursuing you though.

that is why I would like to resolve the problem and settle as quick as possible. I am not trying to turn the situation around, I want to resolve it in a reasonable way

stator

I'm afraid there is no reasonable way since you seem to be the only one liable for the costs of this accident. You are going to lose a lot of money.
If you have little money you may consider bankruptcy.

Professional legal advice is needed.