Insurance claim

bottles

Hi all, I let my friend borrow my car for social and domestic purposes only, checked his insurance and he was covered to drive it but he used it one day for his work and bumped into the back of another car, nothing serious and both cars still drivable but his insurance wouldn't pay and it went to court and now my insurance company has told me I owe them 21, 000, am I responsible for this, many thanks 

Aretnap

Possibly.

If someone drives your car without insurance (which your friend was doing if his driving other cars cover was for social and domestic use only) then your own insurer is responsible for compensation this paid in any accident that results. They can then try to reclaim their costs from the driver only (if the car was stolen), or either the driver or the car's owner (if the owner permitted the driver to drive without insurance).

I suppose if you were explicit with your friend that he was not to use your car for work then there's a reasonable arguement that he was driving without your consent and therefore that your insurer should be pressing him alone. But what evidence do you have of this arrangement? Did you report him to the police for TWOC? You would probably need to do that at least to make your case.

cw8825

I feel there is more to this then op has let on

its fairly harsh for an insurance company to refuse a claim for commuting, I would have expected them to add it on and charge extra. Also why would the friend have admitted to commuting knowing he was not covered?

Driveable but £21k damage. What kind of car did he hit?

how was this allowed to get to court? The car was insured so at the least your insurers would have been required to pay. Then they can squabble with your friends insurance company 

Ultimately yes if he wasn’t covered and you let him drive then your insurance is liable but will seek to recover back from you. 

elsien

As above, not enough info, but the friend may have been using it for business use and not just for commuting. 

What is your friend's opinion on paying the bill given that they are responsible? Why did it go to court? 

bottles

Hi, thank you for the comments, he was only allowed to drive the car for social purposes only but drove to work without me knowing, the 2 insurance companies were arguing over who was going to pay and I suppose that is why it went to court, the passenger in the car he bumped said she had whiplash injury costs were £9000, solicitor fees £6000, special damages £3000, court costs £750, medical costs £1600 odd

cw8825

bottles said:

Hi, thank you for the comments, he was only allowed to drive the car for social purposes only but drove to work without me knowing, the 2 insurance companies were arguing over who was going to pay and I suppose that is why it went to court, the passenger in the car he bumped said she had whiplash injury costs were £9000, solicitor fees £6000, special damages £3000, court costs £750, medical costs £1600 odd

if the 2 insurances companies arguing has caused the amount to go further up then you may have reason to argue the cost.

but as above your 'friend' should be taking responsibility

elsien

No idea how it works but if he was effectively driving without insurance, shouldn't the bill be going directly to him?

bottles

Well that's what I thought I didn't give him permission to go to work in it he just took it upon himself 

cw8825

bottles said:

Well that's what I thought I didn't give him permission to go to work in it he just took it upon himself 

When you gave him permission to drive, did you state he couldn't drive to work?

elsien said:

No idea how it works but if he was effectively driving without insurance, shouldn't the bill be going directly to him?

It will go to the OP because the OP's insurance have paid and they have the right of recovery from him for allowing his friend to drive the car.

elsien

So if the (ex?)friend declined to pay then the OP would have to try to recoup any money from them via the small claims court? 

bottles

I've spoken with the insurance company and they have said I am liable to pay the money but because my friend used the car for work without my permission I would have to report it to the police, probably too late now the accident was 2 years ago, the insurance company is going to come up with a payment plan so looking like I'm going to have to foot the bill