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

Keep_pedalling

If the OP or their mother has legal cover on their home insurance then they should contact them for advice.

Admirals’s t&cs make it clear that if DD is involved that they can come after both the policy holder and driver to get the 3rd party’s cost back. If the OP does not have the assets then they can go after the main policy holder.

DullGreyGuy

Keep_pedalling said:

If the OP or their mother has legal cover on their home insurance then they should contact them for advice.

Admirals’s t&cs make it clear that if DD is involved that they can come after both the policy holder and driver to get the 3rd party’s cost back. If the OP does not have the assets then they can go after the main policy holder.

Firstly, the quoted terms are from 2021 and so the OP need to check the 2016 policy... sounds like they are similar based on Admiral's actions but always worth checking.

Secondly, its actually unusual that it doesnt make it clear that they can go after the driver and/or the policyholder. Its not strictly necessary to because the Road Traffic Act does this anyway but most insurers go for the belts, braces and superglue approach of repeating it in the contract so that they have both a contractual and statutory right plus it covers things like an Article 75 insurer which doesnt give them statutory rights.

The statute itself you'd need to look at case law as it says if the insured permits the driver to use the vehicle and so unclear if its a generally allow them or specifically allow on this occasion. For unnamed drivers certainly a general approach is taken but a ND -v- a drunk ND feels slightly different. 

[Deleted User]

Presumably permission was not given to drive the vehicle drunk.

In any case, the OP should get legal advice, or if they can't afford it then try Citizens Advice.

Agreeing a payment plan might be difficult if the OP can't pay it off in a reasonable timeframe. Bankruptcy might be an option.

ontheroad1970

[Deleted User] said:

Presumably permission was not given to drive the vehicle drunk.

In any case, the OP should get legal advice, or if they can't afford it then try Citizens Advice.

Agreeing a payment plan might be difficult if the OP can't pay it off in a reasonable timeframe. Bankruptcy might be an option.

Won't work for any element that is personal injury.  

DullGreyGuy

[Deleted User] said:

Presumably permission was not given to drive the vehicle drunk.

In any case, the OP should get legal advice, or if they can't afford it then try Citizens Advice.

Agreeing a payment plan might be difficult if the OP can't pay it off in a reasonable timeframe. Bankruptcy might be an option.

This depends on how the law is interpreted, as mentioned above if you sell your car and fail to cancel the insurance (eg because the cancellation fee is more than the last payment) then you are considered to have consented to allow the buyer to drive it under your insurance if they fail to buy insurance, similarly if the buyer allows someone else to drive it even though you've no direct knowledge.

I feel having a ND may be slightly different if they are driving under the influence but have never seen how the courts interpret it 

As to bankruptcy, monies owed in relation to personal injury are explicitly excluded from bankruptcy and is likely to be the majority of the settlement. 

kevandi

What will happen as I cant pay the settlement as I have no money

Grey_Critic

kevandi said:

What will happen as I cant pay the settlement as I have no money

Follow the advice of [Deleted User]  get legal advice, or if can't afford it then try Citizens Advice.

Ignoring it will not make it go away

Ectophile

kevandi said:

What will happen as I cant pay the settlement as I have no money

If they think you have no money, they may drop the claim as it's not worth suing someone who can't pay.

If they think you have money, they may sue you to get what they can.

SuperExcelMan

kevandi said:

What will happen as I cant pay the settlement as I have no money

Get yourself on https://www.forum.drinkdriving.org/forums/have-you-been-caught-convicted-of-drink-driving.16/ as soon as you can, and ask them for advice.

People will have gone through the same thing (not me fortunately).

Don’t lie on there, or miss out a few facts, they’ll see straight through it. But they’ll be sympathetic.

twitwoo

OP - Really would advise you not to post any more about this on ANY public forum.

1) If your situation results in a further courtcase or debt recovery action, it's not impossible for the insurance company's legal team to find this forum and use any information given against you.
  
2) Advice people give on public forums (including mine!) can't be trusted - although (mostly) well intentioned. Normally you won't know if someone's post is based on speculation, lived experience or legal knowledge / qualifications.

3) Best advice given here is - seek legal advice.

You can start with CAB, but they would probably refer you on to a law firm anyway. They may be able to help by suggesting a suitable law firm who can help you, or advise on organisations offering free legal advice in your area. (Law Centres, Legal Clinics etc)

Or approach any local law firm and ask if they offer a free initial consultation. If they can't help you, they may be able to refer you to another law firm who can.

Best of luck.