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No insuranced crash that wasn't my fault

Hi guy, so I've been involved in a car crash that wasn't my fault. The situation was the driver in front jammed its brakes on just after realising it had turned the wrong way After turning off at a round about. Because I was consentrating and keeping a safe driving distance I managed to stop with distance to spare, the driver behind me then slammed strait into the back of me leaving his car as a right off and my car with a severa damage to the back end off the car.

When the police turned up they stated that the crash was the fault of the driver who crashed into me for not keeping a safe driving distance and lack of concentration (at this point I though I was in the clear). I then found out when It came to my turn to exchange details that my insurance had stopped a week before due to a miss payment. I was then given a strait up 6 points on my lisence, a £300 fine, £325 for the police to impound my car and £30 a day charge its in the impound.

I asked the police for advise on the crash as at this point I was in panic mode. They told me I had seven days (5days from now) to find an insurance company that would carry out the claim on the driver that was the cause of the accident (baring in mind I now also have 6 points). How do I go around perusing this claim? What a good company to go through?

Obviously I know non of this wouldn't have happened if I wasn't so disorganised!

Thanks, any advise would help,
Greg.
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Comments

  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
    Read the paperwork you have at hand and post some correct figures from the paperwork you have to hand. Your figures are wrong so I have my doubts this ever happened.
  • System
    System Posts: 178,371 Community Admin
    10,000 Posts Photogenic Name Dropper
    You don't need an insurance company or to be insured to make a claim against a third party, it is just that you will have to do it all yourself instead of the insurance company you're paying. You need to find a solicitor, get some quotes to repair the car and for its undamaged value and then make a claim.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 24 August 2017 at 8:04PM
    Why does he need a solicitor, simply contact the TP insurer directly and make a claim from them.

    TBH his biggest problem is going to be getting cheap insurance now that his was cancelled. OP, speak to your insurer to see if they'll continue the policy once payment has been made.
  • Ectophile
    Ectophile Posts: 8,087 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    However, you do need insurance if you want to get your car back before they crush it.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Ectophile wrote: »
    However, you do need insurance if you want to get your car back before they crush it.
    ...and very few policies will cover releasing cars impounded before the policy was purchased.

    It's probably a lot easier and cheaper to wave goodbye to this car.

    You are bang to rights on the no insurance charge, OP. Insurers do not just cancel policies with zero communication over a single missed payment.
  • debtdebt
    debtdebt Posts: 949 Forumite
    The Police are chatting rubbish. You have as long as you want subject to the limitation laws to bring a claim. Any No Win, No Fee solicitor will take the claim on or an Accident Management Company.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Insurers aren't required to keep insuring you if you miss a payment but most of them will continue insuring you and will try taking the payment again in a few days - its only if that 2nd payment is missed that they usually cancel the policy. It will also impact on your credit history as you have failed to keep up repayments.

    OP if you haven't already, look into why your payment failed. If it was your fault (spending more money than you should) then its going to be an expensive lesson. If the insurance company tried to take too much or tried to take it earlier than they should have, then you should be able to hold them liable (for the conviction, not the accident) and get your insurance reinstated.

    As for the accident, posters above have already offered good advice on how to proceed.

    If you haven't already, sign up for internet banking and try to check your account at least once a month (tbh the less money you have in the bank, the more you should be keeping on top of your finances) - not just the balance but also check your direct debits/standing orders and whether they have been debited for that month already or not. Ideally, pay for your insurance upfront for the year so no credit is involved and you save yourself some money (might seem like a small amount but they all add up).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • jobdone1
    jobdone1 Posts: 841 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Look at it this way. The other Driver would not have crashed into you as you should not have been driving your car on a public highway. If I was the one crashing into you I would take legal advice
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    debtdebt wrote: »
    The Police are chatting rubbish. You have as long as you want subject to the limitation laws to bring a claim. Any No Win, No Fee solicitor will take the claim on or an Accident Management Company.

    NWNF don't exist the same as they used to. Its conditional fee agreements now. Still essentially the same thing but with one major difference - they can't claim costs from the other side, it needs to be paid out of the award they win (capped at 25%).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • konark
    konark Posts: 1,260 Forumite
    jobdone1 wrote: »
    Look at it this way. The other Driver would not have crashed into you as you should not have been driving your car on a public highway. If I was the one crashing into you I would take legal advice

    Civil law works on a 'world as it is' not 'world as it should be' principle, the accident is still the guy behind's fault no matter what offences you were commiting at the time. He simply can't claim the accident was your fault because , for example, you are an illegal immigrant and shouldn't even be in the country.
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