Admiral are asking for settlement costs after 7 years from drink driving accident

kevandi

7 years ago I was involved in an accident after being just over the drink limit 
No one was seriosly hurt but the car invovled was probably a write off.
They are now asking me for payment of £93,000 which I do not have and am inuable to pay 
What do I do please help?

ontheroad1970

Speak to a solicitor - it could be past the time for statute of limitations - normally 6 years, except in the case of injured children.

kevandi

I was on my mothers insurance policy as a named driver when I had a crash and was over the limit for drink driving
Admiral and asking for their payout money back - as I have no money and cant do it can they then ask my mother?

ontheroad1970

kevandi said:

I was on my mothers insurance policy as a named driver when I had a crash and was over the limit for drink driving
Admiral and asking for their payout money back - as I have no money and cant do it can they then ask my mother?

Better to have this in your original thread

DullGreyGuy

Given the values involved you need to speak to a solicitor both in relation to this question and your second question on if they'll have a right of recovery against your mother as the policyholder. You should ensure you have a copy of the policybook as it was at the time she took out her insurance. 

Road Traffic Act 151(8) is what may allow them to also seek the damages from your mother if its not statute barred, if she permitted your use of the vehicle. A lawyer better versed in relevant case law would need to determine if the courts interpret that as allowing use of the car in general or it needs to be explicitly on that occasion. 

Did the third party litigate the case? If so, when and when was it settled?
Did you or your mother sign any indemnification letters? If so when?

Herzlos

6 years from the last acknowledgement of the debt, and it's presumably taken a few years to deal with.

Legally you owe them money, you can try and negotiate a bit but £93k doesn't seem unreasonable if there was much damage or any injuries.

What can you do? Speak to a solicitor first, and then Admiral, and probably figure out some kind of repayment plan.

DullGreyGuy

Herzlos said:

6 years from the last acknowledgement of the debt, and it's presumably taken a few years to deal with.

That is for loans etc not motor accidents and RTA liabilities, there may already be a court order against the OP in which case the statute of limitations doesnt apply.

Grumpy_chap

kevandi said:

7 years ago I was involved in an accident after being just over the drink limit 
No one was seriosly hurt but the car invovled was probably a write off.
They are now asking me for payment of £93,000 which I do not have and am inuable to pay 
What do I do please help?

kevandi said:

I was on my mothers insurance policy as a named driver when I had a crash and was over the limit for drink driving
Admiral and asking for their payout money back - as I have no money and cant do it can they then ask my mother?

You were insured at the time of the accident and had permission to use the car.

You say no-one was seriously hurt, so how has the value of £93k been arrived at?

Does being over the drink-drive limit invalidate the insurance?  How "just" over the alcohol limit were you?

WellKnownSid

Yes, being over the DD limit invalidates insurance.

The insurers however cannot legally exclude valid third-party claims so they will be forced to pay out (which could include large medical claims and other costs), so once settled they will try to recover that back.

DullGreyGuy

Grumpy_chap said
Does being over the drink-drive limit invalidate the insurance?  How "just" over the alcohol limit were you?

The OP need to check their former policy wording but the oldest wording on Admiral's website states:

11.Drink and drugs clause
If an accident happens while any insured person is driving and:

• is found to be over the legal limit for alcohol or drugs 
• is driving while unfit through drink or drugs, whether prescribed or otherwise 
• fails to provide a sample of breath, blood or urine when required to do so, without lawful reason.

No cover under the policy will be given and instead, liability will be restricted to meeting the obligations as required by Road Traffic Law and we will cancel your policy

This is where Road Traffic Act S151 kicks in which requires the insurer to payout a claim as if any exclusion hadnt existed however entitles right of recover from the driver (if no PH permission) or the driver and PH (if gave permission)

Wonka_2

Grumpy_chap said:

kevandi said:

7 years ago I was involved in an accident after being just over the drink limit 
No one was seriosly hurt but the car invovled was probably a write off.
They are now asking me for payment of £93,000 which I do not have and am inuable to pay 
What do I do please help?

kevandi said:

I was on my mothers insurance policy as a named driver when I had a crash and was over the limit for drink driving
Admiral and asking for their payout money back - as I have no money and cant do it can they then ask my mother?

You were insured at the time of the accident and had permission to use the car.

You say no-one was seriously hurt, so how has the value of £93k been arrived at?

Does being over the drink-drive limit invalidate the insurance?  How "just" over the alcohol limit were you?

For the sake of clarity 'just' over is not going to be a defence - it's an absolute limit

And given this has dragged on for a few years then even with car damage (and we don't know the value of the car), no-one being seriously hurt (but we don't know how many and how serious) and any third-party damage (street furniture/walls/3rd party property etc) it's not difficult to see how costs mount up. I'd also be expecting the insurance company to be recouping their costs in handling this.