Uninsured crash

AdrianC

joaxnwilson said:

Here are the pics my partner took of the accident. 

That definitely needs a bootlid and a bumper, plus there's very likely to be damage behind the bumper.

Definitely more than a 5mph impact.

Did your partner see the bootlid opened and then reclosed? Because it's very feasible that would be hard to open then impossible to close if there's damage to the slam panel behind the bumper.

The other driver's behaviour is not on. Two months, then come waving demands? Nope. He should have gone through insurance. Yes, it's entirely possible his NCB would have got dinged. Yes, his premium will go up. Yes, it's unfair. But the premium hike would have happened even if your OH had been insured.

But that's different from whether your partner is liable for the costs in the first place? Don't have £7k handy? Don't drive while uninsured.

After two months, your chances of getting the insurer to revise their cancellation are nil. Why was the policy cancelled anyway? Failure to pay a premium installment is the usual cause.

joaxnwilson

AdrianC said:

joaxnwilson said:

Here are the pics my partner took of the accident. 

That definitely needs a bootlid and a bumper, plus there's very likely to be damage behind the bumper.

Definitely more than a 5mph impact.

Did your partner see the bootlid opened and then reclosed? Because it's very feasible that would be hard to open then impossible to close if there's damage to the slam panel behind the bumper.

The other driver's behaviour is not on. Two months, then come waving demands? Nope. He should have gone through insurance. Yes, it's entirely possible his NCB would have got dinged. Yes, his premium will go up. Yes, it's unfair. But the premium hike would have happened even if your OH had been insured.

But that's different from whether your partner is liable for the costs in the first place? Don't have £7k handy? Don't drive while uninsured.

After two months, your chances of getting the insurer to revise their cancellation are nil. Why was the policy cancelled anyway? Failure to pay a premium installment is the usual cause.

No agree he should not have been driving uninsured. Not sure about the policy, he said he received no correspondence via post or any email, and there was always money in the account so could not have been due to bounced DD. However like you said, it is unlikely no correspondence was sent before cancellation so will have to look into this deeper.

Like in my original post he said insurance is not an option so he will go down civil court route. Where do you think we should go from here? Find a solicitor? 

Thank you in advance.

AdrianC

Insurance IS an option for him. It's just one he doesn't want to take.

Yes, he can launch a small claim. No solicitors are involved in the process. He lodges his claim, your OH files a defence, the court decides who owes who what. Your OH then has 28 days to pay, else he gets a CCJ.

So your OH found out he was uninsured... then didn't bother finding out why...?

Ditzy_Mitzy

How old is the Mercedes?  I only ask because the whole car might be worth somewhat less than the £7,200 quoted.  It does look damaged, however, so probably will need some money spending to repair it.  The other driver's behaviour seems suspect, almost like he's trying to use the lack of insurance as blackmail.  Do you know who insures the Mercedes?  I'd be tempted, if I did know, to telephone them and explain what's happened.  

strawb_shortcake

Where's the snow?

AdrianC

Ditzy_Mitzy said:

How old is the Mercedes?

2011-2014 facelifted W204. There's two <£7k on Autotrader, and another three <£8k, out of 29.

Alter_ego

annabanana82 said:

Where's the snow?

On the roundabout

Norman_Castle

Assuming the other driver is fully comp he can claim from his insurer who can recover their costs from you.

joaxnwilson

annabanana82 said:

Where's the snow?

Snowy/Icey. I can’t remember specifically the weather conditions of the day. 

joaxnwilson

Ditzy_Mitzy said:

How old is the Mercedes?  I only ask because the whole car might be worth somewhat less than the £7,200 quoted.  It does look damaged, however, so probably will need some money spending to repair it.  The other driver's behaviour seems suspect, almost like he's trying to use the lack of insurance as blackmail.  Do you know who insures the Mercedes?  I'd be tempted, if I did know, to telephone them and explain what's happened.  

 I thought that too about the threatening no insurance. It’s nothing we have denied, there are multiple routes he can take to recover costs. It just appears he wants to take the course of civil litigation which is the worst for us (albeit my OH is at fault). 

Also there’s no way he should have showed up at our house! It was scary and threatening