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Non fault accident but I was not insured

Hi all,

I was driving home last Friday when someone suddenly stopped in front of me. I broke hard and managed not to hit the car in front. The car behind me was too close and subsequently ran straight into me. The car in front moved forward so was not involved. The car in front also took off so I have no contact with him/her.

I pulled over and did feel very dizzy/sick after the impact, the lady behind me got out of her car and straight away asked "Whose fault was that?". Being dizzy and feeling a bit sick I'm not 100% sure what I said to that. Long story short, we exchanged details and I went home and phoned docs to see if I should get medical help.

I was going to inform insurance company but I just had a niggling feeling that something might not be right with the insurance. I bought the car from my dad and foolishly just added myself to his policy rather than getting my own. This wasn't the case, there is no mention of me on the policy. I genuinely didn't realise I was uninsured even though I know this matters zip.

I immediately got insurance and just thought I'd leave the matter alone, despite being sore since the accident.

Today I received a letter from the OP's solicitor (Parabis Ltd on behalf of the co-op). The letter says "Please note that I have been instructed by the Co-operative to offer assistance as a result of this incident". It does state that their client is the OP.

I'm really unsure how to proceed here, so if anyone could advise I'd be really grateful.
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 12 August 2015 at 11:40AM
    You are not to blame for this incident.


    The blame lies 100% with the third party.


    They have accepted this and want to take care of your repairs and compensate any injuries. So let them. (Use your own injury compensation solicitor to represent you with regard to the injury claim)


    You not being insured is irrelevant.


    You should have informed your new insurer about this incident when applying for your policy.


    If you didn't then do so now (as the third party has reported all the facts to their insurer the incident will come to light sooner or later, and non disclosure does allow your insurer to void your policy - meaning a claim could be rejected, and a claim from a third party against you being paid by the insurer but them coming after you to reimburse them)
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    To be honest I would offer to accept a cash settlement as soon as possible and get the matter closed.
    Changing the world, one sarcastic comment at a time.
  • mccristo
    mccristo Posts: 95 Forumite
    Quentin wrote: »
    You are not to blame for this incident.
    (Use your own injury compensation solicitor to represent you with regard to the injury claim)

    Thank you Quentin. With the injury lawyers situation, am I best to go to a small solicitor or use one of the big firms? I did look into Erwin Mitchell and they charge in excess of £150 per hour plus a % of the final settlement...
  • Quentin
    Quentin Posts: 40,405 Forumite
    Maybe consider a no win no fee firm that will only charge (a set %) from the settlement. (Irwin M (not a recommendation) do offer no win no fee)
  • Most no win no fee outfits do deduct a "success fee" of upto 25%, but I have seen evidence lately of firms using Damages Based Agreements that do not have to comply with the 25% cap that exists for Conditional Fee Agreements (no win no fee).

    You either need to find an outfit who wont' deduct a success fee, which you have a better chance of getting if you go to a solicitor firm directly, rather than via a claims company. Or consider if dealing directly with the likes of Parabis will result in you getting a settlement that is better than using an independent firm and losing a chunk of your compensation.

    Deal with Parabis as far as vehicle claim is concerned, but make your own decision as far as who to use for the injury claim.
  • mccristo wrote: »
    Thank you Quentin. With the injury lawyers situation, am I best to go to a small solicitor or use one of the big firms? I did look into Erwin Mitchell and they charge in excess of £150 per hour plus a % of the final settlement...

    You'd be looking at a no win no fee solicitor. For legal reasons even if they are acting under this basis they must still tell you the rates they charge as there are very rare cases where you do get pursued for their costs (namely when you've tried to defraud them)

    What is important with no win no fee however is if they retain any amount of your settlement if you do win as they are allowed to retain up to 25% but what percentage each company actually retains varies and you can shop around. There arguably is a balancing act however between getting a budget company that wont take anything but churn through volume saying to accept any offer and another firm who may keep some of your winnings but argue more and will achieve a larger settlement (and of course there are those that take the full 25% and still jump at the first offer with the minimum of effort)
  • lazer
    lazer Posts: 3,402 Forumite
    I went to a local solicitor who was happy to take me on as a client and the third party paid for the legal costs and i got the full settlement for my injury
    Weight loss challenge, lose 15lb in 6 weeks before Christmas.
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    lazer wrote: »
    I went to a local solicitor who was happy to take me on as a client and the third party paid for the legal costs and i got the full settlement for my injury

    When was that? Remember the law changed fairly recently (April 2013 from memory)
  • rs65
    rs65 Posts: 5,682 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    mccristo wrote: »
    I genuinely didn't realise I was uninsured even though I know this matters zip.

    Time to check your road tax and MOT.
  • lazer
    lazer Posts: 3,402 Forumite
    When was that? Remember the law changed fairly recently (April 2013 from memory)

    It was 2009.

    I thought the only change was around claims management companies, insurance companies etc referring clients to solicitors.

    As far as i know, there is nothing to stop a person going into a local solicitors and asking them to represent them in a personal injury claim and the legal costs are covered by the third party if your claim is successful, although obviously if its not successful you have to cover the costs.

    In your first meeting the (which is often free) the solicitor should let you knwo the chances of success and you can decide what to do from there.

    The law society has good guidance on personal injury claiming, with options and details on paying and costs
    http://www.lawsociety.org.uk/for-the-public/common-legal-issues/personal-injury-claim/#cost
    Weight loss challenge, lose 15lb in 6 weeks before Christmas.
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