Car Insurance Issue

Recently I had an uninsured, no license driver crash into my car.

Obviously they were not insured so I’ve had to claim through my insurance.

The car was written off… I’ve been paid out but £500 excess as per my policy has been docked off my payout.

I’m trying to get the girl who crashed into me to pay that excess as that’s what the insurance company have recommended. She’s being reluctant - is it worth going through the claims court? Would I win? What do people recommend?

Comments

  • Aretnap
    Aretnap Posts: 5,210 Forumite
    First Anniversary Name Dropper First Post
    You can certainly take her to court and you would in all probability win. Whether you actually get paid is another matter. People who drive unlicenced and uninsured trend not to be the sort of people who have lots of spare money lying around, or the sort of people who really need to keep a clean credit rating to get a good deal on their next mortgage application. So if you win the case and still doesn't pay you what are you going to do next? It would be down to you to enforce any judgement, and you would have to pay up front for bailiff visits etc with no guarantee that they would actually yield any results. So you can end up throwing good money after bad.

    Ultimately it costs relatively little to issue a money claim online and the shock of receiving court papers *might* be enough to persuade her to pay up, but if it doesn't then the pragmatic option is likely to be to chat it down to experience.
  • DullGreyGuy
    DullGreyGuy Posts: 10,313 Forumite
    First Post First Anniversary Name Dropper
    I’m trying to get the girl who crashed into me to pay that excess as that’s what the insurance company have recommended. She’s being reluctant - is it worth going through the claims court? Would I win? What do people recommend?
    Make sure you keep your insurers in the loop, if you do decide to go to court you would typically have to include their outlay in your case. Doing this will increase your issuing fee and depending on the vehicle value, could move it out of the Small Track.

    Typically those that drive without insurance etc dont have the funds to pay these sorts of things. Your insurers are likely to have accessed the prospects of making a recovery themselves as they too want their money back.
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