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Third party instructing solicitors to issue court prcodeeings...help

[Deleted User]
[Deleted User] Posts: 0 Newbie
Eighth Anniversary 10 Posts Combo Breaker
edited 25 September 2020 at 12:55PM in Motoring
Hi all car
«1345

Comments

  • Grumpy_chap
    Grumpy_chap Posts: 18,561 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Did you report the stolen vehicle to your insurer at the time?
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Too much of this story is missing... what had happened to your car such you risked a criminal offence 
  • Did you report the stolen vehicle to your insurer at the time?
    Unfortunately I did not 🤦🏻‍♂️ I was just preoccupied with worrying about losing my job etc (I drive for work). 
    Not an excuse I know and I realise that leaves me without a paddle 
  • Did you report the stolen vehicle to your insurer at the time?
    Also my vehicle was recovered at the scene
  • Sandtree said:
    Too much of this story is missing... what had happened to your car such you risked a criminal offence 
    What information do you need? 
    Car was stolen/driving without my knowledge and consent. Collided with a parked vehicle. 
    I’m happy to give any information but it’s worth pointing out I wasn’t convicted. 
  • What I want is an idea of what this means for me? Will I be liable to pay any damages and associated costs?
    im not really up for going over and over the details of the incident with someone on the Internet. 
    Thanks 
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Why didn’t the police or cps believe you that it was stolen? Subsequent to your acquittal was the actual driver identified?

    your insurers will respond and deal with it, the burden of proof is lower in the civil courts so the criminal case outcome doesn’t guarantee the same here.
  • facade
    facade Posts: 7,683 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    What’s the likely outcome for me?

    A court appearance, and a great deal of mess, or you pay that third party invoice that the debt collection agency brought you.

    The third party are chasing you for payment of their damages as the driver, but you are denying being the driver, and you say that there is there is no proof you were, so you will end up in court proving that you weren't driving. You will most likely be asked on oath who was, and what you say then could land you in trouble.

    Admiral will not  pay the claim if you have broken the terms of their policy, by not either reporting it stolen, or naming the driver that you gave permission to (and who would have to be covered by your insurance)

    The Law requires them to pay third party claims though as the insurer of the vehicle, but Admiral will then pursue you to repay them what they paid out.

    You will have to pay Admiral the value of the third party claim.

    You didn't report the car stolen, what did you tell Admiral about the accident- did you tell them who was driving, and were they covered under your policy?


    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • Sandtree said:
    Why didn’t the police or cps believe you that it was stolen? Subsequent to your acquittal was the actual driver identified?

    your insurers will respond and deal with it, the burden of proof is lower in the civil courts so the criminal case outcome doesn’t guarantee the same here.
    I was walking home from a night out and on the phone to a friend. Whilst walking home I come across my car and pieces of it scattered across the road. I stopped, took some photos and carried on. I was in an utter state of disbelief and wondering what was happening. My friend on the phone calmed me down and told me to head home, get some sleep and deal with it in the morning which I planned to. Then police stopped me after someone had seen me taking photos and assumed I had been driving etc. Checked my ID against my car etc. Breathalyser tested me at road side and I blew over the limit. I had been out with friends. Took me to station, tested again etc. 
    I confirmed my whereabouts with friends and friend on the phone. The person who drive my car was wearing different clothes to what I was wearing. 

    What do you mean about the burden of proof being lower in civil courts. 
  • facade said:

    What’s the likely outcome for me?

    A court appearance, and a great deal of mess, or you pay that third party invoice that the debt collection agency brought you.

    The third party are chasing you for payment of their damages as the driver, but you are denying being the driver, and you say that there is there is no proof you were, so you will end up in court proving that you weren't driving. You will most likely be asked on oath who was, and what you say then could land you in trouble.

    Admiral will not  pay the claim if you have broken the terms of their policy, by not either reporting it stolen, or naming the driver that you gave permission to (and who would have to be covered by your insurance)

    The Law requires them to pay third party claims though as the insurer of the vehicle, but Admiral will then pursue you to repay them what they paid out.

    You will have to pay Admiral the value of the third party claim.

    You didn't report the car stolen, what did you tell Admiral about the accident- did you tell them who was driving, and were they covered under your policy?


    I don’t know who was driving it. It was stolen 
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