Uninsured Accident- Help please

smith08

Good Morning,

I'm enquiring on behalf of my (stupid & naive) brother in law! He's recently asked for my help, and I'm a little unsure myself. I'm hoping someone clued up on insurance may help me to help him.

He was involved in an accident last September (2017) he was at fault, he bumped into the back on an Aldi at traffic lights. He stopped took pictures, exchanged insurance details, all the right things to do etc.
It transpired when returning to work, that he was not insured on a work policy. He believed he was insured, as previously discussed with his employer.

Since September (after the accident) his boss has been deducting around £200 per week, from his salary. My brother in law, being very young and naive just let this happen with no contest, as he was at fault in the accident he felt like it was all his fault. There was no written consent, verbal agreement, or court order to deduct this money. His boss said it was to put aside for the claim that was happening.
My brother in law has only seen one insurance letter from his employers insurance company, Axa, dated October 2017. The letter states that my brother in law was driving and that Axa require his insurance details in order to redirect the claim, without his insurance details under the RTA insurers Axa will have no option but to deal with the third party claim.

My brother in laws personal car insurance didn't cover him to drive a works vehicle, he had a 3rd party only policy, which he since has cancelled, as he couldn't afford to continue to pay it due to the money he was being deducted, so he sold his car and stopped his own insurance.

I've contacted the citizen advice bureau, they said as it is a legal matter they cannot advise. I then contacted a solicitor who said until it becomes legal there's nothing they could do, they advised we could request the money from the employer, or start court proceedings, however my brother in law doesn't have money aside to support taking someone to court, so I'm at a loss of where to go from here.

He wants to reclaim his deducted money, and from what I can gather they have taken this unlawfully, is this correct?

Secondly, in terms of the accident who
Is liable, and what should we do from here?

Many thanks for reading, any help would be greatly appreciated.

Raxiel

You might have more replies posting in the motoring section

Aretnap

I'm not convinced that his employer can deduct money from his salary without his agreement - even if it's money that he does owe them. And if they wrongly told him that he was insured on the company policy then they may have a duty to cover the costs themselves anyway. However these are more questions of employment law than of insurance - you might get a better response on the employment board.

EdGasketTheSecond

smith08 wrote: »

he bumped into the back on an Aldi at traffic lights.

Those discounters are getting everywhere...

Manxman_in_exile

smith08 wrote: »

Good Morning,

I'm enquiring on behalf of my (stupid & naive) brother in law! He's recently asked for my help, and I'm a little unsure myself. I'm hoping someone clued up on insurance may help me to help him.

He was involved in an accident last September (2017) he was at fault, he bumped into the back on an Aldi at traffic lights. He stopped took pictures, exchanged insurance details, all the right things to do etc.
It transpired when returning to work, that he was not insured on a work policy. He believed he was insured, as previously discussed with his employer.

Since September (after the accident) his boss has been deducting around £200 per week, from his salary. My brother in law, being very young and naive just let this happen with no contest, as he was at fault in the accident he felt like it was all his fault. There was no written consent, verbal agreement, or court order to deduct this money. His boss said it was to put aside for the claim that was happening.
My brother in law has only seen one insurance letter from his employers insurance company, Axa, dated October 2017. The letter states that my brother in law was driving and that Axa require his insurance details in order to redirect the claim, without his insurance details under the RTA insurers Axa will have no option but to deal with the third party claim.

My brother in laws personal car insurance didn't cover him to drive a works vehicle, he had a 3rd party only policy, which he since has cancelled, as he couldn't afford to continue to pay it due to the money he was being deducted, so he sold his car and stopped his own insurance.

I've contacted the citizen advice bureau, they said as it is a legal matter they cannot advise. I then contacted a solicitor who said until it becomes legal there's nothing they could do, they advised we could request the money from the employer, or start court proceedings, however my brother in law doesn't have money aside to support taking someone to court, so I'm at a loss of where to go from here.

He wants to reclaim his deducted money, and from what I can gather they have taken this unlawfully, is this correct?

Secondly, in terms of the accident who
Is liable, and what should we do from here?

Many thanks for reading, any help would be greatly appreciated.

I may have misunderstood this - but was he driving his own car or (as you say) a "works vehicle"? If it was a works vehicle it's his employer's problem. Or do you mean it was his own car he was using for work?


(Sorry to be pedantic but you need to be clear what happened. This is a problem with "second hand" posts).