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Dad had car accident but he'd failed to renew insurance

in Motoring
40 replies 2.7K views
13

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  • DB1904DB1904 Forumite
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    Jenni_D said:
    No, he can't just leave it at the pound as it will be racking up storage costs. He could perhaps "sell" it to a scrappie for the release costs (otherwise he'd need insurance on it to get it released, AFAIK).

    As to the general issue - the Motor Insurer's Bureau will probably come into effect for the 3rd party's claim, but your dad may still have a claim against him filed to recover costs. I think you (he) need to get proper legal advice ... does he have legal cover on his home insurance? (Although they may not assist with motoring-related advice).
    He can sign away the rights to a car so technically he can leave it there.

    If there's comprehensive insurance on the car he hit the MIB won't pay.
  • Marvel1Marvel1 Forumite
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    elsien said:
    Has he had any renewal reminders? Does he check his emails? Just wondering if there’s any argument that he didn’t get any renewal information from the insurer? 
    Although it would be very surprising if he hadn’t, just something to rule out. Does he check his spam folder? 
    Reminder is just that a reminder, important dates on a calender yourself.
  • DB1904DB1904 Forumite
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    He will almost certainly be offered a fixed penalty (£200 and six points) for driving without insurance. If he ignores or declines that  the matter will be dealt with in court and it will cost him considerably more. 

    There's no real point in taking legal advice. It's all been outlined on here. The TP's insurers will almost pursue him for their outlay and the police will pursue him for the offence. He doesn't have a case to defend either.
    That may not happen if he voluntarily surrenders his licence. 
  • edited 24 November 2021 at 7:25PM
    motorguymotorguy Forumite
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    edited 24 November 2021 at 7:25PM
    If he is showing signs of dementia then someone needs to be taking over stuff like this in terms of renewals, making sure bills are being paid, checking heating fuel levels, food, etc.  

    It might also be the time to have a word with the father RE: perhaps giving up driving.  

    This incident would seem to be very much a red flag that he needs more support for day to day living.
  • TooManyPointsTooManyPoints Forumite
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    DB1904 said:
    He will almost certainly be offered a fixed penalty (£200 and six points) for driving without insurance. If he ignores or declines that  the matter will be dealt with in court and it will cost him considerably more. 

    There's no real point in taking legal advice. It's all been outlined on here. The TP's insurers will almost pursue him for their outlay and the police will pursue him for the offence. He doesn't have a case to defend either.
    That may not happen if he voluntarily surrenders his licence. 
    Why not? Surrendering his licence does not mean the alleged offence did not occur. All the police have to show is that he was driving and that he had no insurance. That's the evidential test. It is unlikely to fail the "public interest" test simply on the basis that he surrendered his licence. 
  • DB1904DB1904 Forumite
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    500 Posts Name Dropper
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    DB1904 said:
    He will almost certainly be offered a fixed penalty (£200 and six points) for driving without insurance. If he ignores or declines that  the matter will be dealt with in court and it will cost him considerably more. 

    There's no real point in taking legal advice. It's all been outlined on here. The TP's insurers will almost pursue him for their outlay and the police will pursue him for the offence. He doesn't have a case to defend either.
    That may not happen if he voluntarily surrenders his licence. 
    Why not? Surrendering his licence does not mean the alleged offence did not occur. All the police have to show is that he was driving and that he had no insurance. That's the evidential test. It is unlikely to fail the "public interest" test simply on the basis that he surrendered his licence. 
    It happens all the time.
  • TooManyPointsTooManyPoints Forumite
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    News to me. 
  • angrycrowangrycrow Forumite
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    I noticed both my motor policies with Direct Line which have always been auto renewal shifted to call us to confirm renewal this year. They did send the renewal and two reminders on both occasions.

    It may be a new trend from insurers this year. Definitely worth op following up on his father's behalf given the potential value of the claim if a credit hire company gets involved. 
  • Sid1982Sid1982 Forumite
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    Quick update on this, Dad now better and doing OK. Neighbour who was hit has kindly agreed to avoid the insurance as long as we pay for repair of his car which has been agreed. The chap has been an absolute diamond who restores your faith in humanity.

    Just in process of speaking to some scrap places about selling his car to them but some have mentioned if he signs title over to the Police they won't charge for recovery and storage costs but I've not had this confirmed.

    Dad still has some testing to be done before anything is confirming regarding his mental state so it's the waiting game. In the meantime its public transport and taxis for him only.

    I take it the police will be in touch in due course regarding the lack of insurance is it worth him visiting the station beforehand?
  • Sid1982Sid1982 Forumite
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    DB1904 said:
    Jenni_D said:
    No' he can't just leave it at the pound as it will be racking up storage costs. He could perhaps "sell" it to a scrappie for the release costs (otherwise he'd need insurance on it to get it released, AFAIK).

    As to the general issue - the Motor Insurer's Bureau will probably come into effect for the 3rd party's claim, but your dad may still have a claim against him filed to recover costs. I think you (he) need to get proper legal advice ... does he have legal cover on his home insurance? (Although they may not assist with motoring-related advice).
    He can sign away the rights to a car so technically he can leave it there.

    If there's comprehensive insurance on the car he hit the MIB won't pay.
    If he signs car over to the Police does that forfeit any incurred charges for impoundment and storage?
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