Hit by an uninsured driver. Best course of action?

PaulMike

• Git hit from behind by a van.
• The driver produced details of trade insurance and his address, which matched Google maps.
• European driving license.
• Called police to have a record as it was not clear if the occupants of the van would cooperate, but they did.
• Started the claim process with their insurance, who were helpful.
• 2 weeks later got informed that their insurance received a note that the vehicle was sold to someone else 3 weeks before the incident, and is therefore not insured.
• In this case my insurance would treat is as a claim, I'd have to pay excess, no claims at risk, and the renewal quote is likely to go up. Claiming excess off MIB may take months, which may be after the renewal date.
• Overall, an expensive affair.

Two questions:
1. My optimal course of action from the costs point of view?
2. I understand a sale invoice that invalidated their insurance was just that - an A4 with someone else's name and address, which could easily be outside of EU.However, I have the photos, and name and address of the driver at the time of the incident. What's all that about driving uninsured being illegal, and in fact, criminal?

facade

Strangely, there is much hype about having to inform your insurers at the exact nanosecond that you sell a car, otherwise your insurance is still liable for third party claims up until the time of notification, which the insurer then pursues from the policyholder.

Try reminding the insurance company of this, and if they still decline, claim with your own insurer, who should also then persue them.

You can also go to the Police with your evidence of false identity.

Johno100

PaulMike wrote: »

Two questions:
1. My optimal course of action from the costs point of view?
2. I understand a sale invoice that invalidated their insurance was just that - an A4 with someone else's name and address, which could easily be outside of EU.However, I have the photos, and name and address of the driver at the time of the incident. What's all that about driving uninsured being illegal, and in fact, criminal?

Yes of course it is, but don't get hung up on that as it has no bearing on your current predicament and isn't something you have any control over.

Johno100

facade wrote: »

Strangely, there is much hype about having to inform your insurers at the exact nanosecond that you sell a car, otherwise your insurance is still liable for third party claims up until the time of notification, which the insurer then pursues from the policyholder.

Try reminding the insurance company of this, and if they still decline, claim with your own insurer, who should also then persue them.

You can also go to the Police with your evidence of false identity.

Did you overlook that the policy in question was a trade policy where I understand the reporting requirements for sale/transfer are different?

arcon5

So the new owners provided details of the trade policy used by the dealer that sold them the van?

arcon5

facade wrote: »

Strangely, there is much hype about having to inform your insurers at the exact nanosecond that you sell a car, otherwise your insurance is still liable for third party claims up until the time of notification, which the insurer then pursues from the policyholder.

Try reminding the insurance company of this, and if they still decline, claim with your own insurer, who should also then persue them.

You can also go to the Police with your evidence of false identity.

I think the crucial point here is though that the selling dealer did notify their insurers when the vehicle was sold and as such the insurer no longer held insurance over the vehicle from that point. So the vehicle was effectively uninsured for several weeks.

PaulMike

Johno100 wrote: »

Did you overlook that the policy in question was a trade policy where I understand the reporting requirements for sale/transfer are different?

If I overlooked this then please do enlighten me, and I will use your information.

AdrianC

You were hit by an uninsured vehicle. The rest is irrelevant.

It's very simple as to what to do next:
If you have comprehensive insurance, you claim from your own policy.
If your policy doesn't cover the damage, then you claim from the Motor Insurer's Bureau.
https://www.mib.org.uk/making-a-claim/claiming-against-an-uninsured-driver/

I'm sorry if that's inconvenient, or if your insurer would treat it as an at-fault claim (which it would be, since they won't be reimbursed). And, yes, it is illegal - if the police had caught the driver, they'd be being prosecuted.

The rest is just a little casual xenophobia.

Quentin

Some insurers do include a special uninsured motorist extra whereby if an uninsured motorist causes you damage then they won't want you to pay for the excess or lose any NCD.

Check your policy wording to see if you have this

facade

arcon5 wrote: »

I think the crucial point here is though that the selling dealer did notify their insurers when the vehicle was sold and as such the insurer no longer held insurance over the vehicle from that point. So the vehicle was effectively uninsured for several weeks.

The way I read it was that the insurance weren't informed until at least 3 weeks after the sale, possibly longer, as they were processing the claim for 2 weeks before they received this note.
I also thought that the name of the driver matched that of the trade policy holder from the OPs description.

I thought a trader had to keep his inventory updated with his insurer within a "reasonable time" not weeks after a sale.

Car_54

Johno100 wrote: »

Did you overlook that the policy in question was a trade policy where I understand the reporting requirements for sale/transfer are different?

The reporting arrangements may be different, but the law is not, and I believe the trade insurer is wrong to refuse the claim. [Road Traffic Act 1988 section 151(2(b))]

I'd suggest the OP should follow Adrian C's advice above.