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Will this help my insurance case?

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Comments

  • The OP does not need to state “when I drove into their car”.

    More moralising from mildly miffed 
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  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Back in April, I went into the back of a driver who suddenly performed an emergency stop on a 40mph stretch of an A road.

    My car was deem irreparable and despite my best efforts, my insurer informed me that they had decided fault lies with me. 

    Just a couple of days ago, I received a letter from the police asking if I can provide evidence and attend a court case where proceedings are being instigated against the third party driver for not having valid third party insurance. 

    I plan on providing them with any factual information they deem necessary, however, I wonder this allegation, or court proceeding outcomes has, or could have, any bearings on the decision to put me at fault for the accident? 
    Having insurance or not, along with a host of other offences, make no difference to liability. Someone may have passed out drunk at traffic lights, so will be charged with being in control of a vehicle whilst over the limit (aka drink driving) but that doesn't give you the right to smash into the rear of them. 

    If the allegations are it was a crash for cash then that would be a different matter, obviously there are balancing factors in that the police have to reach the "beyond reasonable doubt" whereas your insurer only "on the balance of probability" but the police have more investigative powers than an insurer. Most crash for cash cases I've seen the vehicle has been insured however they were typically organised events, if someone is cash strapped they may be more opportunistic. 

    Ultimately keep your insurers advised but if it stays as simply driving without insurance it won't make any difference.
  • Ignoring all the moralising BS, I'd agree with most that the other drivers lack of insurance is irrelevant when it comes to you driving into the back of someone. As others have said, they probably just want you to confirm whether the person they are charging is the same person who was driving when you had your accident, and you are still liable in your accident.

    The only exception I know off when it comes to liability and driving into someone from behind, is the potential cash for crash claims, which is why you should always have at least a front facing dash cam. Either buy a dash cam, or mount your phone (outside of your drivers wiper sweep) and use a dash cam app. For the sake of a few quid, it's worth it.
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