Severe head-on collision - help required please

mattymoo

From memory, the assignment and agreement forms used to be signed by the uninsured driver. They would say something like "I assign my ex-insurance company to handle this matter on my behalf and agree to pay them back whatever they settle the claim for".

It was used for uninsured motorists where there was an insurer involved but no cover. The drink driving in this instance has resulted in no cover. Without the drivers agreement, they cannot negotiate settlement of the claim because it would infringe his rights.

If this happened, the insurers would have to step aside, let you take the matter all the way to court and then settle up if the judgement was unpaid after 7 days.

That was the procedure back in 1994 when I last handled these things. No doubt things have moved on but I'm not sure why they need you to sign a form. If you are unclear, then you need your solicitors to explain it better.

tunnel

Just a quick one EMBER,i had an accident back in '94',i was hit head on by another car on my side of the road causing me to smash my knee cap on the dash resultin in me now only having half a knee cap. I successfully claimed against the other driver although it took just over 3 years to receive my £14k payout.Beware of the other drivers insurance company,THEY will try anything not to have to pay out,i have since learnt that they tried to ask a local resident to say i was over the white line thus partly being my fault. Hope this helps!

bordercars

if it invalidates their insurance, do you then claim of the individual, who may have no money or assets? just a thought.

you also have a PM

Ember999

No, it doesn't invalidate your payout - it just invalidates THEIR payout. Under British Law the insurance company are still required to deal with your claim as their client was insured at the time of the crash - their insurance is invalidated when they are found to be under the influence. I was quite pleased about this, as it meant that the !!!!! who almost killed me, didn't get a penny for her written off car - £10,000 loss to her *grin* and added to the suspended prison sentence she got, she got what she deserved for getting into a car, drunk out of her head and almost killing me and my husband. I have had 2 'out of court offers' from her insurance company to date - so no, the INNOCENT VICTIM still gets rightful and fair compensation, the DRUNK gets nothing - they lose their car, their right to drive, their marriage (ha!) and hopefully their job if they need a car to get to work (ha!)

She got other punishments too, no point in listing them here....her criminal record for life is the best one as far as I am concerned.

Oh yeah - if she ever does drive again, and an insurance company are daft enough to insure her, it will cost her well over 4K for a year...me thinks she won't be driving for a LONG TIME and well she shouldn't. Drunken b**ch!

AND, from what I am told, the insurance company, when they have finished paying out for what happened to me, my husband and my car, will go chase her for the money! I hope they force her to sell her home, then she loses everything, as she should.

DO NOT DRINK & DRIVE!

You can kill INNOCENT people!