Insurance claim following accident.

Gwenig3

Sorry for long thread
My husband is a delivery driver and while on holiday he arranged for his deliveries to be carried out by a relief driver. The relief driver would use his own vehicle and he would receive payment for deliveries made.
My husband left his vehicle at work Base as this was more secure. While still on holiday relief driver contacted him via text to say he had used husbands vehicle to complete deliveries and the insurance on the van was covered by relief drivers insurance. Well the relief driver rear ended another vehicle and caused £1600 worth of damage to husbands van The relief driver stated he would sort the repairs which up to now is in hand. Today we received a letter from claims company about the accident. Is has the relief drivers name on as the driver, but obviously my husbands van details. The third party has submitted a claim. He is worried he will end up paying for this accident although he was not even in the country. Just want you know that as van was covered under two policies at the time, husbands own and relief driver insurance. Will all liability fall on the driver which would be the relief driver. Husbands had worked hard to build no claims bonus and doesn't want to loose this. Where does he stand legally with this .

angrycrow

Your husband needs to get a copy of the relief drivers insurance details (ideally a copy of the insurance certificate) and pass this to his own insurer.

The possible problem if I am reading things correctly is the relief driver used your husbands vehicle without permission so is guilty of taking without consent. If this is correct and he is prosecuted his own insurance will not cover the incident. In that situation as the driver is identified your insurer settles third party claims as road traffic act insurer and then recovers from the relief driver.

Quentin

All you need to do is pass this claim to the relief driver's insurance who will sort this out.

Car_54

Quentin wrote: »

All you need to do is pass this claim to the relief driver's insurance who will sort this out.

Will it?

If the relief driver was indeed covered for "driving other vehicles", wouldn't that be 3rd party only?

Mercdriver

[quote=[Deleted User];73140622]Will it?

If the relief driver was indeed covered for "driving other vehicles", wouldn't that be 3rd party only?[/QUOTE]

Depends on their cover. I get comprehensive cover on other cars provided they aren't normally kept where I live.

m0bov

Just report it as TWoC to the police, if he is not insured than the OP will get done for allowing the van to be used whilst not insured.

Warwick_Hunt

[quote=[Deleted User];73140622]Will it?

If the relief driver was indeed covered for "driving other vehicles", wouldn't that be 3rd party only?[/QUOTE]

Makes no difference as this appears to be a claim from the third party.

Car_54

Warwick_Hunt wrote: »

Makes no difference as this appears to be a claim from the third party.

But there is also "£1600 worth of damage to husbands van" which won't be covered.

Mercdriver

m0bov wrote: »

Just report it as TWoC to the police, if he is not insured than the OP will get done for allowing the van to be used whilst not insured.

If the OP reports it for TWoC then the OP can't be done for permitting. However, then it will be treated as an at fault claim against the OP as the driver was uninsured.

Warwick_Hunt

[quote=[Deleted User];73140896]But there is also "£1600 worth of damage to husbands van" which won't be covered.[/QUOTE]

Doesn't matter the question is about the third party claim.

Car_54

Warwick_Hunt wrote: »

Doesn't matter the question is about the third party claim.

Which question?

The OP said "Will all liability fall on the driver which would be the relief driver. Husbands had worked hard to build no claims bonus and doesn't want to loose this. Where does he stand legally with this ."

There seem to be two questions there, despite the absence of question marks. I took the second to refer to the husband.