Accident possibly not insured

vinny_vimto

My friend was involved in a small bump last week, she has a dashcam and after viewing the video seems 50/50 to me or even slightly more the other woman’s fault but who knows how insurer will see it.

She’s only been driving less than a year and her insurance is already sky high with super high excess.

She overshot the junction give way line by a good 3ft so was half way if not more into the lane but was at a full stop then 3-5 seconds later a car goes around her and cuts back in to avoid a car coming opposite way and cut across too close and scraped the front end of car leaving a lovely racing stripe along passenger door panels. So technically friend was stationary. Also dash cams shows other driver glaring at my friend as she passes.

They both stopped and exchanged details mention of let’s see what the damage is before insurers are involved. My friends car is an old banger with a scrape on bumper that has been buffed and t cut out so zero cost. Other woman stating £750 damage worth (special metallic paint) which she can not afford.

Now my friend is an office manager and was doing a favour for her boss during her brake so not being paid for this and dropping off paper, ink cartridges and a colleague to a different site 10 miles away from her permanent place of work during work hours 10:30 in the morning.

After checking her policy more carefully she’s is only covered for social domestic and commuting not for business use. So technically driving uninsured?

Will this go against her? Will her insurer inform the police or MIB will they even delve deep enough to find out for such a small sum? Will they just pay out? A quick google search suggests 6 points and £300 fine so she would lose her licence as newly qualified.

Any help is gladly appreciated, what is the best way forward for her?

Ponsienella

I wouldn't class giving a colleague a lift to a work site as using the car for business use. Delivering paper is probably enough for an insurance company to try and get out of paying out on the claim so....just don't tell them.

Loanranger

If she overshot the junction then she caused the accident.

marcarm

But if she was stationary that does not give the other car the right to drive into them, overshooting or not.

If she is that far over, the other car should have stopped if not enough room to pass safely.

Yes, she should not have overshot, but by virtue of being there does not mean she deserves to be driven into

unholyangel

You hold liability if you are negligent. You are negligent if your driving falls below the standard of a reasonably competent driver (which is one that drives in accordance with THC) and not merely because you fail to make another persons unsafe driving safe.

It would take about 4 seconds to stop at 30mph and in 3-5 seconds you'd have travelled 40-75 metres. Stopping distance isn't just braking distance. Theres the time to see, assess & react.

If you cause another driver to alter their speed or course, you have failed to give way. Its very possible the other driver wasn't able to stop in time, tried to avoid but couldn't due to oncoming traffic. Only one party would hold liability in that instance and it wouldn't be the glaring woman. It would also explain the glaring imo.

Sorry but a 3ft over a give way line is ridiculous. Give way means be prepared to stop, not be prepared to go.

Mercdriver

Ponsienella wrote: »

I wouldn't class giving a colleague a lift to a work site as using the car for business use. Delivering paper is probably enough for an insurance company to try and get out of paying out on the claim so....just don't tell them.

So you are suggesting fraud as the answer? Hmmmm

vinny_vimto

The overshooting the junction is what makes me think she would be liable.

I spoke to her again last night got a full account. Apparently and after watching dashcam footage again I believe her version.

As she comes to a stop her car is halfway in the road. She wants to turn right and on approach to the junction the dashcam shows a queue of traffic so people have left a gap for cars to turn into and out of the minor road. She pulls even further into the road and stops. There are cars coming from her left hand side so she has stopped basically with her entire car blocking the lane for cars approaching from her right.

This car has got impatient and instead of waiting to let her complete her turn right decided to go around. Other car drives past at approx 5mph completely on wrong side of the road.

Then due to an oncoming car the driver who was going around and glaring has to cut back in or they will have a head on crash as the 3rd car was doing 25/30 this is how the two cars made contact.

I’m now leaning to other persons fault but friend is more worried about the no business insurance issue if I’m honest.

We all make mistakes when new to driving I know I definitely did so trying to help her out a bit!

loskie

if she was going to a work site with a colleague and it is not her sole location she commutes to then yes she needs business use. Especially the case if she would normally claim expenses although you do not mention this.

The Insurers view is that you only have one place you can commute to.

marlot

Ponsienella wrote: »

I wouldn't class giving a colleague a lift to a work site as using the car for business use....

That IS business use - even without the colleague.


Commuting is normally to one place of work. If you then go to another location, that needs business use.

Scrapit

Why mention why you were driving, it creates problems.

missile

Scrapit wrote: »

Why mention why you were driving, it creates problems.

Because the insurer will ask, :money: