HELPPPP , NON FAULT Car accident whilst uninsured

Sean1773

So last year February, I was approaching a round about when I was hit by a INSURED driver, however I know it was careless and dumb of me but I was In a verbal agreement with a car showroom for them to cover me in return I would collect cars from them, they obviously didn’t hold their end of the deal up hence why I am in this situation.

Long story short, 3rd party has accepted liability last year, and send me a cheque which was then cancelled after some issues With their policy holder, so couple months down the line in November they proceeded to tel me everything has been sorted and they will be paying me out, now all of a sudden they are again delaying everything by saying we are waiting for a police report , however this is a criminal issue which I have been dealt with by the police, I need some advise whether it is best for me to now either get a lawyer or wait for them , they proceed to keep brushing me off every time I phone saying we are still waiting for a police report , it takes 6-8 months , what would be the best advice in the situation,

Thanks.

angrycrow

The only defence to the charge of driving uninsured is that you were driving a vehicle for your employer who you had reasonable expectation was insured by the employer for your use.

Given you suggest the payment was to come to you it would suggest this was your own private car. It would be extremely unusual for a trade policy to cover employees personal vehicles. This used to be a thing but most insurers amended their policies over the last 10 years to stop abuse of motor trade policies.

If it is your own car and they have admitted liability they have no grounds to pay unless they are alleging fraud, such as you staged the accident or induced it (slam on).

If you are confident there is no chance of a fraud accusation you could issue a 14 day letter before action and then issue proceedings for your losses.

Lesson to learn here is you are responsible for your own personal insurance so never rely on anyone else to do so.

agrinnall

No need to spam the forum with multiple posts (also on the Insurance board).

AdrianC

Sean1773 wrote: »

So last year February, I was approaching a round about when I was hit by a INSURED driver, however I know it was careless and dumb of me but I was In a verbal agreement with a car showroom for them to cover me in return I would collect cars from them, they obviously didn’t hold their end of the deal up hence why I am in this situation.

angrycrow wrote: »

The only defence to the charge of driving uninsured is that you were driving a vehicle for your employer who you had reasonable expectation was insured by the employer for your use.

Given you suggest the payment was to come to you it would suggest this was your own private car. It would be extremely unusual for a trade policy to cover employees personal vehicles.

It also sounds as if it would be a stretch to deem the dealer their "employer". Sounds more like they were working as a self-employed casual contractor.

If the OP was indeed doing work-in-exchange-for-insurance, but is claiming they were "employed", then I suspect the tax man would be interested in the value of the insurance for benefit-in-kind purposes. Either way, there's a massive can of worms going to get opened here.

debtdebt

Get your insurer to chase the third party. That's what you pay them for.

Hold on...

System

The fact you weren't insured has no bearing on them paying you out if their client was at fault. You have already been dealt with by the police so this is just delaying tactics.

They admitted liability, you know what the value of your claim was so go to Moneyclaim online and file a claim against them for that value. The forms arriving on their doorstep will prompt them into action.

AdrianC

And a new thread...
https://forums.moneysavingexpert.com/discussion/5996645/helpppp-insurance-claim-quodos-claim