Van crashed by uninsured driver

Hi everyone, 

My other half made the grave mistake to trust one of his labourers to be fully comp on other vehicles, which turned out to be not true (didn't take a DL pic either). A lot of people believe that fully comp is for other vehicles, not reading the policy and making assumptions (I certainly don't). I had no idea of this until he let the guy take the van in bad weather to drive home. He crashed it, left the scene and we haven't heard from the guy since apart from a note in the letterbox some days later, with the key and a note to say sorry. I am absolutely furious because I preached this to him all along. 

Anyone know what the implications with the insurance will be, there is a 8k outstanding finance on the van and i am in bits. Of course the guy hasn't shown his face anywhere and is nowhere to be found. We don't even know his exact address but the town, all builders are informed to look out for him. I can't see how he would take responsibility with all the associated charges, so is this a write off that we will have to pay for ?

Any advice would be greatly appreciated.

Comments

  • user1977
    user1977 Posts: 13,377
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    You could try a tracing agent to get an address for him - doesn't mean he'll have the money of course.
  • LightFlare
    LightFlare Posts: 401
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    Car insurance policies IF they allow Driving other vehicles usually only do so on a third party basis anyway
  • pramsay13
    pramsay13 Posts: 1,922
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    Even if you find him are you saying he should pay the full amount out of his own pocket? Should your other half not bear some of the responsibility?
    This is something that needs dealt with, and you will have to let your insurance company know, see what they are saying.
    It might not be as bad as you think.
    Does the van need repaired or is it just a few dents that you can live with?
    Have you got quotes for repair?
    Was anything else damaged or just the van?

  • Aretnap
    Aretnap Posts: 5,140
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    I'm afraid the insurance situation is that your insurance company won't be interested in damage that was done to the van while it was being driven by someone who they hadn't agreed to cover. Sadly your OH well have to either pay for the repairs himself, or if it's beyond repair discuss what happens next with the finance company.

    Hopefully there was no damage to anything else, as if there was your OH's insurer could be forced to pay for it, and could then come after your OH for the costs. This won't apply if the driver had at least third party cover through his own policy - and you can find him to confirm the details.

    Legally your OH does have a claim against the driver who crashed his van (for the full value of the damage, but not for any outstanding finance if the debt is greater than the value of the van), but he can only enforce this if he can find the driver - and the driver actually has the means to pay.

    Where did he get the idea that motor insurance gives you comprehensive cover to drive other vehicles? Almost no policy has ever given you more than third party cover to do this - expect a few very expensive and high end policies which are sold to a rather select group of customers. Many policies don't even provide third party cover to drive other vehicles. (Also, car insurance that does provide driving other cars cover usually only provides it for driving other cars, not vans).
  • HampshireH
    HampshireH Posts: 4,406
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    So he fled the scene of an accident and knowingly deceived your partner in order to drive a vehicle uninsured.

    Have the police been made aware?

    Huge learning curve here for your partner. Why doesn't he have an address for him etc how does he manage pay etc on his site without relevant information about his employees. 

    Did your other half take emergency contact details which you would use nornally in the event of h&s issue on site? If so I would contact them too.

    Or was it also cash in hand and off the books?

    Insurance definitely need to be made aware. Presumably no other vehicle was involved? 
  • molerat
    molerat Posts: 31,571
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    edited 3 January at 9:07PM
    Have the police been made aware?
    I doubt they want to poke that hornet's nest, the vehicle owner could also be facing a criminal charge !

  • Keep_pedalling
    Keep_pedalling Posts: 16,227
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    Allowing an uninsured driver to drive your vehicle is a criminal offence, and if the insurance company know this was done the may try and recover and costs paid out to third parties from the policy holder.
  • DullGreyGuy
    DullGreyGuy Posts: 9,184
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    My other half made the grave mistake to trust one of his labourers to be fully comp on other vehicles, which turned out to be not true (didn't take a DL pic either). A lot of people believe that fully comp is for other vehicles, not reading the policy and making assumptions (I certainly don't). I had no idea of this until he let the guy take the van in bad weather to drive home. He crashed it, left the scene and we haven't heard from the guy since apart from a note in the letterbox some days later, with the key and a note to say sorry. I am absolutely furious because I preached this to him all along. 

    Anyone know what the implications with the insurance will be, there is a 8k outstanding finance on the van and i am in bits. Of course the guy hasn't shown his face anywhere and is nowhere to be found. We don't even know his exact address but the town, all builders are informed to look out for him. I can't see how he would take responsibility with all the associated charges, so is this a write off that we will have to pay for ?
    What did he crash into?

    Assuming its a one party accident then your insurers won't care significantly, they have no liability on the vehicle when someone not covered by the policy is driving and there is no third party making a claim against them as RTA insurers. 

    If he did crash into something else, even if it's just street furniture, then thats where it will become much more difficult. Did you other half record details of the guys insurance?
  • HampshireH
    HampshireH Posts: 4,406
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    molerat said:
    Have the police been made aware?
    I doubt they want to poke that hornet's nest, the vehicle owner could also be facing a criminal charge !

    True. Would the insurance be oiled to report to the police once they are made aware too?
  • Aretnap
    Aretnap Posts: 5,140
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    We don't actually know that the driver was uninsured - the OP isn't entirely clear on whether he had no insurance at all, or whether he had driving other vehicles cover which they wrongly assumed would provide more that the legal minimum third party cover (and which may or may not have extended to driving a van).

    In any event the police are unlikely to get involved now unless the driver fled the scene having caused damage to something other than the van* - and even then they'll be more interested in the duvet than the owner. Causing or permitting someone else to drive without insurance IS an offence, but not one that is commonly prosecuted when the person who actually drive without insurance is around to be prosecuted instead.

    * I'm presuming that nobody was injured in the accident - if there was significant injury the OP would likely have had a knock on the door by now.
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