No registered keeper...who pays damages?

Sonnyru

Hi I’m new here but hoping someone can help me?

Some kind fella drove straight through our fence causing hundreds of pounds of damage, then drove off. Luckily we have CCTV and caught the registration. Police were going to pursue for failure to stop and we, of course were going to claim for the damage on their insurance (our home insurance unfortunately doesn’t cover fences !!!128580;)

Here’s where it gets tricky, police tracked the registered keeper and gave me their insurance details, however he is now claiming that he sold the vehicle prior to the accident and the new owner details he’s given are made up. The police can’t do anything about it so have closed the case and I am just waiting for confirmation from his insurance that the sale did in fact do through before the accident which I imagine he’s made sure it looks like it on the forms.

He’s clearly trying it on as he has continued to be insured on the vehicle to this day even though he has sold it to “mr nobody!)

Please help me, I’m at a loss of what I can do. How can I find the new owner? Can I pursue the previous keeper as he is still insured? We’re £500 down and that could by the kids something lovely it makes my blood boil that they’ll miss out!

Thanks in advance!

tastyhog

it matters not if he sold the car, there was a live insurance policy on the car so you claim off of that. who was driving doesn't matter, for the purpose of the road traffic act there was 3rd party cover in place.

what the insurance company does is up to them, whether they pursue the policy holder for reimbursement, track down the 'new' owner et etc if they claim to have sold the car and left a policy on it but you are legally able to claim off that policy.

you don't have to find the 'owner' all you need is an active policy that is on the car to make a claim from it.

it doesn't matter if a sale was made or if the sale was before the accident, all you need to concern yourself with is that there is a policy any policy on the car at the time of the accident.

put in a claim with the insurance company that was on the car, if they refuse to settle file a claim in the small claims court, or you can get a no win no fee type outfit to do it for you.

foxy-stoat

Sonnyru wrote: »

Please help me, I’m at a loss of what I can do. How can I find the new owner? Can I pursue the previous keeper as he is still insured? We’re £500 down and that could by the kids something lovely it makes my blood boil that they’ll miss out!

As stated, am long as the insurance was in force at the time of the incident then they will pay out. Make sure you buy the kiddies something nice with the £500 when you get paid out.

building_with_lego

Wouldn't the £500 pay for repairing the fence?

foxy-stoat

building_with_lego wrote: »

Wouldn't the £500 pay for repairing the fence?

No, they are already down £500 to repair the fence....when they get the money back they will use that on the kiddies.

debtdebt

The fence only cost £200 to repair !!!55357;!!!56847;

angrycrow

If the insurer can show evidence that the car was indeed sold prior to the accident despite the car still showing as insured the cover ends due to the policy holder having no insurable interest in the car. Amazing how many claims handlers miss this point and assume they will be rta insurer.

If dvla records confirm the change of keeper prior to the collision the insurer will not pay.

You could do your own dvla search for £2.50. Alternatively a time stamped photograph of the car outside his house would go a long way to convincing the insurers he is telling lies. There are some other tell tale signs the car was sold using public records. https://www.gov.uk/check-vehicle-tax
Check when it was last taxed as tax is cancelled on transfer of the car.

foxy-stoat

debtdebt wrote: »

The fence only cost £200 to repair !!!55357;!!!56847;

How do you know that?

building_with_lego

foxy-stoat wrote: »

No, they are already down £500 to repair the fence....when they get the money back they will use that on the kiddies.

Yer, but, the £500 they get back puts them back to where they were before. Why would they "treat the kiddos" as though it were extra cash.

Edit: just seen that the fence only cost £200 to repair. Presumably the extra £300 is a bonus claim. Gotcha.

foxy-stoat

angrycrow wrote: »

If the insurer can show evidence that the car was indeed sold prior to the accident despite the car still showing as insured the cover ends due to the policy holder having no insurable interest in the car. Amazing how many claims handlers miss this point and assume they will be rta insurer.

RTA 151 2) b says different......

Although not in plain english !

foxy-stoat

building_with_lego wrote: »

Yer, but, the £500 they get back puts them back to where they were before. Why would they "treat the kiddos" as though it were extra cash.

Edit: just seen that the fence only cost £200 to repair. Presumably the extra £300 is a bonus claim. Gotcha.

The £500 was ear marked for the kiddies but they had to spend out on the fence....I think the 200 sheets was a made up figure by another poster!