Drink driver hit my parked car. They were insured mine wasn’t (between insurers) what do I do?

Tallhall87

So last night my car was hit by a drunk driver. I called the police, she blew a 93 and got arrested. My car is obviously damaged and in need of repairs.

I have all of her details including police log number insurance details etc... however our car was not currently insured as it ran out 4 days ago and we hadn’t yet gone to another insurer, it was not been used whilst not insured.

What do I do??? Who do I contact? Do I contact her insurers?

Please help.

Thanks

Deastons

My understanding is, if your car is on a public road, whether used or not, it needs to be insured. Unless it was SORNd (which I'm sure you haven't done).

This might allow them to wriggle out of paying for your repairs - they could argue your car shouldn't have been on the road in the first place. And might even flag-up the lack of insurance and end-up with a fixed penalty notice.

Herzlos

They can't wriggle out. You're claiming from their insurance not yours.

Tom99

Claim off her insurance co and when you get round to insuring your own car don't forget to declare the incident/claim etc.
You were lucky police did not check your car was taxed/insured whilst they were there.

N9eav

Deastons wrote: »

My understanding is, if your car is on a public road, whether used or not, it needs to be insured. Unless it was SORNd (which I'm sure you haven't done).

This might allow them to wriggle out of paying for your repairs - they could argue your car shouldn't have been on the road in the first place. And might even flag-up the lack of insurance and end-up with a fixed penalty notice.

You cannot even keep a SORN car on a road or public place. Any vehicle left in such a place must have a VEL and 3rd party Insurance. In any event that was not the question.

Make a claim direct with the other driver's insurance. Check any other policy you might have such as a staff association scheme, home insurance, banks, credit cards etc as some offer legal cover for a range of matters.

AdrianC

Their insurance is still liable, and there is no way they can get out of that. As far as the claim goes, you just claim directly from their insurer - as if you had TPFT insurance.

However, you may well end up with a prosecution yourself. Any car on the public road, or on private land that's publicly accessible, MUST be insured. The penalties are the same whether you were using the car or merely keeping it parked there.


Also, any car that's taxed MUST be insured at all times - but that's just a fine, no points.

Tallhall87

So do you suggest I contact coop insurance (who she was insured by) and explain what happens and go from there.

Or contact my new insurers and explain to them what’s happened even though that only started today?

AdrianC

Your new insurer will not want to know about an incident that happened before they came on-risk.

Just claim direct off their insurer. Don't mention anything about your insurance - it's irrelevant to this claim.

Rover_Driver

AdrianC wrote: »

Any car on the public road, or on private land that's publicly accessible, MUST be insured.

Insurance is required 'on a road or other public place' (s.143 Road Traffic Act 1988) - a place that the public have the authority to access, not necessarily just a place they can access.

Tallhall87

Thank you AdrianC

AdrianC

Oh, and don't forget to tell your new insurer that you've got an outstanding non-fault claim following a collision, eh?