HELP - I had an accident in my wife's car while transporting it uninsured!

Klara111

ok, if pictures are not a proof - what then??

There were CCTV I am sure.. and then there will be his words agains my..

I will go to court as I said.. I am willing to spend money now, yes.. it was an assult against me... I am not bothererd what he will tell, lets see what the court will decide.. after the investigation will be done by appointed by me law firm.. found one who will investigate for £1200 :cool:

cajef

Klara111 wrote: »

I was
when he indicated and draw strait into me.

I bet he will say he was indicating and you drove into him by accelerating when he was changing lanes, as there are no witnesses or proof and you were driving an uninsured car which at the time was not SORN'd and was illegal who do you think a court is going to believe.

In your OP you stated that your wife is the owner, now you have edited your post and state you are the owner, who is or was at the time?

As far as the insurance is concerned without proof of who was at fault it is probably a 50/50 claim.

Senseicads

I actually think this is a case you might take to the ombudsman you know. I don't think the wording is actually enforceable. When you are driving using your own Cover(DOC) you are driving under your own insurance. Regardless of what other insurance may or may not be on the vehicle you are driving. I understand the legalities of having a vehicle on the road without insurance but at a minimum DOC cover should provide you with RTA/TPO cover for that vehicle. So IF your wife was insured with Insurer A, and you are insured with Insurer B, then insurer A won't even see the claim. It would all go through insurer B. They would be paying out.


I think if I was you, I would be honest with your insurer. Raise the claim with them. Tell them the accident circumstances. If they ask about your wife's insurance tell them that the car was uninsured when you were driving it but you thought it would be ok because of your driving other cars coverage. If they say they won't cover you for this, then raise a complaint with the ombudsman. Just because the wordings of the policy say something is the case doesn't make it automatically enforceable. Let them make the decision....although to be honest it does sound a bit like a crash for cash thing, which may complicate it for your insurers. If I was you I would make it your insurers problem for now. It would be different if the car was not legally allowed on the road(for example if it had no MOT). have a crack and see how you get on. At worst you're going to be no worse off than you are now struggling to manage this by yourself. Plus if it does all come back to you, then at least you're insurance company will be able to give you some advice on next steps.

Klara111

Senseicads, thanks a lot for your post!

Sorry for confusion, but I updated the original post later: we thought that my wife was the owner as she paid for the car, but later checked V5 and it is on my name.
So, she changed the car on the original insurance policy and delayed to put it on SORN. During this delay I needed to transport this car from A to B, without even knowing that it has no insurance any more

it sounds really so stupid.. how husband will not know what the wife has arranged for his cars.. But it is true.. and it is my fault as she honestly believes that she told me that!!

So, I drow my own car being uninsured in accordance to the policy wording: "The insurer will cover you, name, for damage caused to third parties while driving cars that are not owned or hired to you. There must be a valid insurance policy in force for the car you're driving"

I doubt I still can use your advice to involve the ombudsman.. :-(

Senseicads

Ahhh apologies. So there was no insurance in force for this vehicle. And you didn!!!8217;t have a second insurance policy for another vehicle which would allow you to drive other vehicles?

bufferz

Read the V5, it says along the lines that the name on it is not proof of ownership

waamo

Klara111 wrote: »

Senseicads, thanks a lot for your post!

Sorry for confusion, but I updated the original post later: we thought that my wife was the owner as she paid for the car, but later checked V5 and it is on my name.
So, she changed the car on the original insurance policy and delayed to put it on SORN. During this delay I needed to transport this car from A to B, without even knowing that it has no insurance any more

it sounds really so stupid.. how husband will not know what the wife has arranged for his cars.. But it is true.. and it is my fault as she honestly believes that she told me that!!

So, I drow my own car being uninsured in accordance to the policy wording: "The insurer will cover you, name, for damage caused to third parties while driving cars that are not owned or hired to you. There must be a valid insurance policy in force for the car you're driving"

I doubt I still can use your advice to involve the ombudsman.. :-(

If your wife paid for the car then she is the owner. The V5c only shows the registered keeper of the vehicle. The registered keeper is not necessarily the owner and this is written in big writing on the top of the V5c.

Have the police been involved about the insurance issue?

foxtrotoscar_2

waamo wrote: »

If your wife paid for the car then she is the owner. The V5c only shows the registered keeper of the vehicle. The registered keeper is not necessarily the owner and this is written in big writing on the top of the V5c.

Have the police been involved about the insurance issue?

I paid for my wife's car and it's her name that was put on all the paperwork, she is definitely the owner and also the registered keeper.

lisyloo

There were CCTV I am sure

Why do you think there is CCTV? on the motorway?

cajef

Senseicads wrote: »

So there was no insurance in force for this vehicle. And you didn!!!8217;t have a second insurance policy for another vehicle which would allow you to drive other vehicles?

Even if he did the vehicle he is driving still needs to be insured.