Someone crashed into my parked car

Jasonh2015

You need to go through their complaints process first, if you haven't already. They have up to 8 wks to resolve or you can take it to the FOS. As for the cancelled policy, most insurers only ask for up to 5 years, not for life.

They cannot just cancel your policy unless there're avoiding the policy due to misrepresentation, so a 7 day cancellation warning should have been issued.

TooManyPoints

As for the cancelled policy, most insurers only ask for up to 5 years, not for life.

No they don't. The question most insurers ask is "have you ever had a policy cancelled?"

Here, for example, is Admiral's proposal:

https://ibb.co/T8d8NCn

maxmycardagain

send the 3rd party an invoice for repairs, by registered letter giving 7 days to reply "or will be passed for collection"

then take out a CCJ

then uprate to a High court writ

maxmycardagain

The question most insurers ask is "have you ever had a policy cancelled?"

I think it says "have you ever had a policy voided by an insurer"?

I cancelled one to avoid being voided by an insurer.....who later insured me..

BOWFER

I'm not getting this....
I can't see anyone else asking, so I will.
Where was your car parked?
A car without an MOT should not be parked on a public highway, and it it wasn't there to be hit....they wouldn't have hit it...
So it seems highly relevant to me, if it wasn't legally entitled to be where it was.

Car_54

BOWFER said:

I'm not getting this....
I can't see anyone else asking, so I will.
Where was your car parked?
A car without an MOT should not be parked on a public highway, and it it wasn't there to be hit....they wouldn't have hit it...
So it seems highly relevant to me, if it wasn't legally entitled to be where it was.

On the contrary, it is utterly irrelevant to any claim for damages.

If the car was parked on a road then the OP has committed one or more criminal offences. However, that doesn't give anyone else the right to damage his property.

BOWFER

Car_54 said:

BOWFER said:

I'm not getting this....
I can't see anyone else asking, so I will.
Where was your car parked?
A car without an MOT should not be parked on a public highway, and it it wasn't there to be hit....they wouldn't have hit it...
So it seems highly relevant to me, if it wasn't legally entitled to be where it was.

On the contrary, it is utterly irrelevant to any claim for damages.

If the car was parked on a road then the OP has committed one or more criminal offences. However, that doesn't give anyone else the right to damage his property.

Interesting, thanks

Aretnap

BOWFER said:

I'm not getting this....
I can't see anyone else asking, so I will.
Where was your car parked?
A car without an MOT should not be parked on a public highway, and it it wasn't there to be hit....they wouldn't have hit it...
So it seems highly relevant to me, if it wasn't legally entitled to be where it was.

It's not relevant. It's well established that the fact that you were doing something illegal doesn't affect your right to claim for an incident, unless the illegality of what you were doing directly contributed to the incident itself.

You might think that if the OP had obeyed the law his car would not have been in the road, so would not have been hit by the numptie. But actually if he'd obeyed the law he'd have taken his car for an MOT some weeks earlier, and gone online and paid his road tax as well. He'd then have parked in exactly the same spot, and the numptie would still have hit his car in exactly the same way. So the fact that he hadn't MOTd his car clearly didn't contribute to the accident - it would have happened whether he'd MOTd it or not. At least, that's the view the law takes.

Some people might think it's outrageous that they might be held liable for driving into an untaxed, unMOTed car, but they can always avoid it being a problem by not driving into parked cars at all. It works for me.  

[Deleted User]

Aretnap said:

BOWFER said:

I'm not getting this....
I can't see anyone else asking, so I will.
Where was your car parked?
A car without an MOT should not be parked on a public highway, and it it wasn't there to be hit....they wouldn't have hit it...
So it seems highly relevant to me, if it wasn't legally entitled to be where it was.

It's not relevant. It's well established that the fact that you were doing something illegal doesn't affect your right to claim for an incident, unless the illegality of what you were doing directly contributed to the incident itself.

You might think that if the OP had obeyed the law his car would not have been in the road, so would not have been hit by the numptie. But actually if he'd obeyed the law he'd have taken his car for an MOT some weeks earlier, and gone online and paid his road tax as well. He'd then have parked in exactly the same spot, and the numptie would still have hit his car in exactly the same way. So the fact that he hadn't MOTd his car clearly didn't contribute to the accident - it would have happened whether he'd MOTd it or not. At least, that's the view the law takes.

Some people might think it's outrageous that they might be held liable for driving into an untaxed, unMOTed car, but they can always avoid it being a problem by not driving into parked cars at all. It works for me.  

If anything, the lack of (non-existent) road tax could have led to the car being clamped, stopping the car even being moved to prevent this accident. OP just make sure you have your VED paid annually ideally by direct debt, DVLA also do a reminder alert for VED and MOT

BOWFER

Aretnap said:

BOWFER said:

I'm not getting this....
I can't see anyone else asking, so I will.
Where was your car parked?
A car without an MOT should not be parked on a public highway, and it it wasn't there to be hit....they wouldn't have hit it...
So it seems highly relevant to me, if it wasn't legally entitled to be where it was.

It's not relevant. It's well established that the fact that you were doing something illegal doesn't affect your right to claim for an incident, unless the illegality of what you were doing directly contributed to the incident itself.

You might think that if the OP had obeyed the law his car would not have been in the road, so would not have been hit by the numptie. But actually if he'd obeyed the law he'd have taken his car for an MOT some weeks earlier, and gone online and paid his road tax as well. He'd then have parked in exactly the same spot, and the numptie would still have hit his car in exactly the same way. So the fact that he hadn't MOTd his car clearly didn't contribute to the accident - it would have happened whether he'd MOTd it or not. At least, that's the view the law takes.

Some people might think it's outrageous that they might be held liable for driving into an untaxed, unMOTed car, but they can always avoid it being a problem by not driving into parked cars at all. It works for me.  

Yeah, someone said before you and I thanked them for the info.