Had an accident, it turns out I'm not insured, it wasn't my fault

huckster

You should be totally honest, but if there is doubt whether the other car may have been moving, you could suggest this was the case. I.e you checked in rear mirrors and could see nothing, then on reversing there was a coming together. You could suggest in the absence of evidence to the contrary, both vehicles were moving, there was a coming together, therefore 50/50.

Remember that if you accept 100% responsiblity, it might not just be the repair, but personal injury claims as well.

I should be clear, that i am not suggesting you give false information, but you should think very carefully before you admit 100% responsibility. If in doubt, get legal advice.

Quentin

huckster wrote: »

Remember that if you accept 100% responsiblity, it might not just be the repair, but personal injury claims as well.......

If you end up being held in any way liable then you will be responsible for your "share" of all the third party claims (eg if you are only 50/50 responsible you would still have to pay 50% of any compensation awarded, as well as 50% of all other claims)

Retrogamer

Asbo1the1great wrote: »

Well by that logic I would never reverse. I drive a vehicle that has no rear view mirror or rear window. I didn't just say 'Sod it it's probably fine'. My mirrors were clear so, evidently, they were way too close

Get someone to check / guide you.
Reverse proximity sensors
Reverse camera

If you don't know if it's clear behind you, and just hope it will be and reverse without knowing you'll no doubt have many more accidents in the future. Thankfully it was a car, not a pedestrian in this instance.

I would be cautious with contesting the liability.

If i knew i wasn't moving when an uninsured driver reversed into me, and they were trying to negotiate with a 50:50 because someone suggested i was moving, that would be all the incentive i'd need to report them as an uninsured driver to the police.

2357

Having been put through a battle with an at fault driver recently who has ignored correspondence, denied liability and caused me a huge amount of unnecessary inconvenience I can offer a perspective from the other side so to speak.
You say you have money problems but how do you know the innocent party you crashed into hasn't also got money problems. Who do you expect to pay for your negligence if you didn't ensure you were sufficiently covered by insurance.
My understanding is that insurance isn't optional but a requirement in law.
The driver I've had to battle with is insured but due to his obstructive actions that have delayed my repairs I have now passed the witness statement to the police and they are investigating his dangerous driving.
I've had 3 different personal injury solicitors call me wanting to fight for a payout as well in the last week.
I think this is going to be a very costly lesson for you. In addition to coat of the claims you will likely end up with a fine for not having insurance.
You should consider doing the right thing and take responsibility.
Like I said you may not want to hear this but hopefully you find it useful anyway.

boliston

Probably best to do a budget and work out what you could pay each month to refund them - they could take you to court but it would involve them paying a court fee (which would ultimately get added to the total owed) and the court could end up granting a lower monthly repayment than an out of court settlement (but this would affect your credit rating if you need a mortgage in the next 6 years)

2357

In fact a quick google search reveals that the fine for driving with no insurance ranges from 300 to 5000 with 6 points.
The personal injury solicitors who have been contacting me state that a payout of 1000-4500 is typical.
If you can do anything to avoid upsetting the innocent third party any further here I think it is in your best interest to do so. The 2600 for repairs may seem like a bargain when you consider the possibilities here.

waamo

I would get legal advice on this. It isn't going to take long for the other parties insurance company to realise you have no cover.

They may wish to involve the police themselves as someone covered by them has been hit by an uninsured driver. This could get very messy and whilst not cheap a solicitor may well be worth every penny.

boliston

Asbo1the1great wrote: »

I wasn't insured because I missed the email correspondence stating that my policy had been cancelled. Totally my fault but an unintentional oversight

Would an insurer have to send a cancellation notice in writing?

Emails can easily be trapped by spam filters so I would be surprised if something as important as an insurance cancellation notice could be sent via email alone.

alchemist.1

You're clearly at fault for the accident and for not having insurance.

Two ways of going about it, letting the insurer know that you have money worries and not in a position to pay any of it. Alternatively try and agree a reduced figure with monthly instalments.

Either way, the insurers will encourage the other driver to report you to the Police for driving without insurance.

A few other issues to consider which haven't been mentioned. There are few insurers who will still go after you with Court proceedings whether or not they think you have the means. Its something to consider if you have a mortgage/property.

alchemist.1

boliston wrote: »

Would an insurer have to send a cancellation notice in writing?

Emails can easily be trapped by spam filters so I would be surprised if something as important as an insurance cancellation notice could be sent via email alone.

Either way it will just end up with his "own insurer" going after him for the money. For whatever reason they cancelled the policy, i imagine they wont be indemnifying him.