Car Insurance Nightmare

Ibsen3

I am hoping to get some advice on behalf of a friend who has had a really hellish time lately (surgery, death of a pet, end of a relationship etc.) and has been driving without any problems for about 2, maybe 3, years. Recently, she received a solicitor's letter about sorting out a claim as the result of an accident about two months ago which she has not yet reported to her insurance company.

The problem is that she had an accident just 3-4 weeks prior to this one which resulted in the same car (as in both accidents) being written off. Nevertheless, it was still drive-able (as verified by the garage nominated by her insurance company at the time). And yet, as she was in the process of claiming the money to buy a new car, she had this second accident. Although the first one was a simple shunt and clearly not her fault, the second accident was more serious, probably more of a grey area and involved a lorry.

According to what I have gathered from her, what happened was that she was on a major road and noticed a driver next to her on the slip-road so she slowed down. Unfortunately, this driver also slowed down at a point when that driver needed to enter the road. My friend then panicked a little for this driver and pulled out into the outside lane. Although she claims she certainly indicated and checked her mirrors, I'm guessing that she nevertheless moved out quite quickly as it seems that the lorry behind her pulled out at the exact same time. As a result of which, the lorry hit her driver's side and fairly badly dented and scratched it all along the side of her car. They exchanged details and she has photos of her car but she thought that the lorry didn't look damaged. So, first of all, is she to blame?

More worryingly, she has recently bought a new car for work and renewed her insurance without mentioning this accident since she thought the lorry driver would not claim. Clearly, that's a big mistake but, given her mental state at the time, I can see why it might have happened that way. Moreover, she's in real financial difficulties. So, secondly, what does she tell her insurer and does she need to notify her old insurer or the new insurer or both?

Thirdly, does this leave her in a really serious legal situation and with no or only limited support from either of her insurers? Do you think it's possible to settle the matter with the lorry driver himself if she can get in touch?

I really feel for my friend and I don't think she can take many more misfortunes. She was already absolutely rock-bottom before this letter arrived. Any advice would be appreciated.

teddysmum

I believe she was at fault for pulling in front of the lorry. Indicating does not give you a right to proceed. It's just a warning that you intend to move out when safe to do so.

rs65

OP, the accident circumstances are largely irrelevant here.

If she is in financial difficulties, how does she expect to sort it with the lorry driver.

The insurer at the time of the accident needs to deal with it. The new insurer needs to know about it.

forgotmyname

Sounds like they need some driving lessons.

If your on the major road then let the joining vehicle match the speed and find a safe place to join, slowing down and changing lanes could have ended really badly, Much worse than the incident they had.

The lorry driver wont be interested in making a deal unless its a dodgy one. I would fill the insurance form in and forget about it. Its not my insurance and wont affect me. I was not in the habit of having accidents so nothing to worry about by holding my hands up and saying it was my fault.

May not be long before the insurance find out and cancel their policy. They may want to look into how much insurance will cost after that.

Financial difficulties but bought a car?

FutureGirl

She needs to tell, whoever she was insured with at the time, about the second accident. If solicitors are already sending letters to your friend, she needs to forward them on to her insurer. It is likely the insurer already knows if the solicitors are sending letters to your friend.

She also needs to tell her new insurers about this incident. She is most likely paying an incorrect premium amount. She is potentially driving 'uninsured' as when the new insurers find out, they can cancel her policy. Then it will be even more difficult for her to get affordable insurance.

Your friend is at fault for this second claim. They moved out of their lane, into the lane of another. I can't see what the 'grey area' is about this. Even if she did indicate, she is still at fault.