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

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Comments

  • JP1978
    JP1978 Posts: 527 Forumite
    AdrianC wrote: »
    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.

    Not quite correct. If SORN’d, no need for insurance if on private land.

    https://www.askthe.police.uk/content/Q769.htm
  • Car_54
    Car_54 Posts: 9,120 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    JP1978 wrote: »
    Not quite correct. If SORN’d, no need for insurance if on private land.

    https://www.askthe.police.uk/content/Q769.htm


    He said "Also, any car that's taxed MUST be insured at all times", which is correct. A car that's SORNed is not taxed.
  • Rover_Driver
    Rover_Driver Posts: 1,522 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    JP1978 wrote: »
    Not quite correct. If SORN’d, no need for insurance if on private land.


    Insurance is required if the private land is considered to be a public place within the meaning of the Road Traffic Act 1988.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Insurance is required if the private land is considered to be a public place within the meaning of the Road Traffic Act 1988.
    And tax would be required, too.


    But, yes, I agree that my statement was overly simplistic. My apologies. But since we know the OP's car was definitely parked on the road, uninsured...
  • Car_54
    Car_54 Posts: 9,120 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    AdrianC wrote: »
    And tax would be required, too.


    But, yes, I agree that my statement was overly simplistic. My apologies. But since we know the OP's car was definitely parked on the road, uninsured...


    Tax is not required on "private land considered to be a public place" provided the vehicle is SORNed.



    While the Road Traffic Act includes public places, the Vehicle Excise and Registration Act 1994 covers only roads which are "repairable at the public expense".
  • Where in their post did the op mention that their car was on the road?.

    It could have been hit whilst in their driveway.
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