advice needed

bmewsd

Hi,

I was involved in an RTA Friday evening. Met a female driver who decided to go the wrong way around a roundabout and put a crimp in my day by crashing into me. Both my son and I were obviously shocked and are both suffering associated pain and discomfort.

She apparently only bought the car on Friday and was lost and confused. The police and ambulance attended and thankfully everyone concerned were walking wounded. Myself and the other driver were both breathalysed at the scene and neither of us had been drinking. and to cap it all, she told the police she was uninsured having only just bought the car and believed she could drive all the way back to central london to take the car home . and get insurance the next day.

I pay for fully comp (protected no claims bonus) but do not have the option of a replacement car.

She's 22, a student with no insurance. All I can see is that I'm going to be seriously out of pocket. My car was 7 years old (i'd owned it from new) and was in excellent condition. I need it for work so will have to now hire a car and see what I can do about replacing.

My insurance includes legal protection and will obviously have to wait for the insurance company to contact me (hopefully tomorrow). I reported the accident to the insurance company Saturday morning.

I've obviously provided details of the other driver and an independent witness (who was also interviewed by the police). The police provided me with address details of the other driver. However, they must have provided the other driver with not only my address details but phone numbers, as she contacted me yesterday by phone on the pre-text of asking how my son and myself were but then leading on to asking questions as to whether I am going to sue or not.

I did tell her that she really shouldn't be calling me and declined to discuss anything with her. I'm surprised the police provided her with those details but maybe this is standard practice?

thats the factual stuff. the question is

what now? Do I wait for the legal protection as part of the insurance to contact me or do I go and discuss with a personal injury lawyer? How on earth am I going to be able to afford a similar car? (probably having to get a credit agreement when my car was owned soley by me). I know that going for any personal injury claim for either myself or my son will be a long process but I have to keep working. She's uninsured and obviously not working. I'm just really fed up! (sorry, it's not meant to be a bleeding heart rant).

any advice or comments most welcome

Barry

bmewsd

for some reason my post has appeared twice. Please accept my apologies but i honestly didn't post it twice.

lisyloo

what now?

Ok firstly don't panic.
You did the right thing but not talking to her.
If she calls then be polite but say you want to deal with it through official channels and don't comment on the accident (other than maybe to ask how she is - I know she did wrong but she was injured too - her fault yes, but it won't do any harm for her to think you are a nice caring human being).

Firstly your legal cover is for pursuing her.
If she has very little e.g. student debt, then this obviously won't work, so this might be a dead end and you might find the legal insurance company will not pursue it if they think there is little chance of recovering any money from her. She clearly has a car but she might have a loan on it and it's value has just reduced considerably.

Don't make a decision about personal injury yet.
The full effects of injuries can take weeks, months or years to appear so keep an open mind and see how badly affected you are.
I would advise you both GET MEDICAL ADVICE, even if you think it's "nothing".
I was told to keep moving my neck after an accident to stop scar tissue building up, so initial advice could avoid a lot of problems down the line. It will also be recorded on your doctors notes which may help if you do decide you want to claim.

If she cannot be pursued then an organisation like the following may be able to help.
http://www.mib.org.uk/Default.htm
This organisation is paid for by ALL of us in our premiums for situations like yours.

In the meantime your comprehensive insurance should cover you.
I don't see why you should be seriously out of pocket as you are insured.
Check your policy for your entitlment to a hire car, oftern this is provided free by the company carrying out repairs so check this before getting your own.

BTW - You should be able to delete the other post by pressing the "Delete" button.

How on earth am I going to be able to afford a similar car?

Either your car is repaired at no cost to you (excess) or if it is "written off" the you will be written a cheque to the value of your previous car to go and buy a new one.

I know it's easy to say but try not to worry.
You are insured and you have legal cover and there is also the MIB.
I realise this is a huge inconvenitent but I see no reason for you to be seriously out of pocket on this occassion.

EDIT: The police may want to prosecute her for driving without insurance and you may be asked your opinion on wherher you want to see her prosecuted.

bmewsd

lisyloo wrote: »

Ok firstly don't panic.
You did the right thing but not talking to her.
If she calls then be polite but say you want to deal with it through official channels and don't comment on the accident (other than maybe to ask how she is - I know she did wrong but she was injured too - her fault yes, but it won't do any harm for her to think you are a nice caring human being).

Firstly your legal cover is for pursuing her.
If she has very little e.g. student debt, then this obviously won't work, so this might be a dead end and you might find the legal insurance company will not pursue it if they think there is little chance of recovering any money from her. She clearly has a car but she might have a loan on it and it's value has just reduced considerably.

Don't make a decision about personal injury yet.
The full effects of injuries can take weeks, months or years to appear so keep an open mind and see how badly affected you are.
I would advise you both GET MEDICAL ADVICE, even if you think it's "nothing".
I was told to keep moving my neck after an accident to stop scar tissue building up, so initial advice could avoid a lot of problems down the line. It will also be recorded on your doctors notes which may help if you do decide you want to claim.

If she cannot be pursued then an organisation like the following may be able to help.
http://www.mib.org.uk/Default.htm
This organisation is paid for by ALL of us in our premiums for situations like yours.

In the meantime your comprehensive insurance should cover you.
I don't see why you should be seriously out of pocket as you are insured.
Check your policy for your entitlment to a hire car, oftern this is provided free by the company carrying out repairs so check this before getting your own.

BTW - You should be able to delete the other post by pressing the "Delete" button.

Either your car is repaired at no cost to you (excess) or if it is "written off" the you will be written a cheque to the value of your previous car to go and buy a new one.

I know it's easy to say but try not to worry.
You are insured and you have legal cover and there is also the MIB.
I realise this is a huge inconvenitent but I see no reason for you to be seriously out of pocket on this occassion.

EDIT: The police may want to prosecute her for driving without insurance and you may be asked your opinion on wherher you want to see her prosecuted.

Thanks Lissyloo. your comments are much appreciated.

both cars are write-off's. She saved some of her bursary to pay cash for hers. I'm pretty sure whatever "value" the insurance company put on what's left of my car, it will certainly not allow me to buy one of a similar age and condition. As I said, I'm pretty gloomy about this as all I can see is that I'll be the one inconvenienced by it.

As I currently understand it (am awaiting confirmation from Police on Wednesday, when the officer comes back on duty). They are looking at charging her with a few driving offences. She's only had her licence since oct 07, maybe part of the theory test should cover that you CANNOT drive a vehicle without being insured? But what do I know??

I'm not covered for hire car on my policy but will need one. I most certainly do not intend to be out of pocket but have a feeling that I will be.

ho-hum. Thanks again for the kind words and prompt response.

Alias_Omega

Appears to me like your more worried about the injury claim that anything else.

Your fully comp, your car will be repaired.

Accidents Happen.

lisyloo

I'm pretty sure whatever "value" the insurance company put on what's left of my car

The value will not be on what's left of your car, it will be based on the car prior to the accident.
I think you are right to be cautious about the value if it was an excellent example but you should not be "seriously" out of pocket.
If so then you need to challenge that via the insurers complaints procedure.
You have insurance to cover you for this and whilst there are inevitably a few costs (like the excess that you knew about) there should not be a huge gap.

I'm not covered for hire car on my policy but will need one.

Is there no way you could manage without a car?
Train, bus, motorcycle, cycle, walk, lift, borrow a family members car, go on a lift share database, get someone in the family to drive you etc.
I appreciate it may not be ideal but I don't think you have a good chance of getting the money back for tha car hire, given that she probably has debts rather than assets and I don't think that the MIB will cover this.

I most certainly do not intend to be out of pocket but have a feeling that I will be.

I have a feeling you will be a bit out of pocket, but then you did choose not to insure yourself with a hire car option, so whilst I don't want to be nasty in your situation this was a risk you knowingly took especially if there really are no other options for getting to work open to you out of the many options I listed.

I have seven different ways to get to work so perhaps it's just a case of searching round where you live of checking up on database to see if you can share or get a lift.

Personally I think your immediate priority should be on making sure you are both well and getting proper advice. You have 3 years to make a claim so no need to make any immediate discussion. Just make sure you are doing the right exercises or resting as advised to reduce any problems. Believe me you want the abscence of injury a lot more than you need the compensation.

bmewsd

Alias_Omega wrote: »

Appears to me like your more worried about the injury claim that anything else.

Your fully comp, your car will be repaired.

Accidents Happen.

unfortunately, you're wrong. I'm quite thankfull that the silly cow didn't kill either myself, my son or her and her passenger. That doesn't detract from the fact that through her own stupidity she drove the wrong way around a roundabout in a car which she thought she didn't have to insure until she got it home. Perhaps if you read my post instead of making a facile comment? My car and her car are write-off's. there is no repair available? she's a student with no money, I'm more concerned that through no fault of my own I'm the one inconvenienced, I'm the one who will have to purchase a replacement car (on limited funds) Yes indeed I'm also the one of FOUR people who are injured If I was interested in ambulance chasing I wouldn't be on here seeking advice. I'd leave it to a lawyer to hound her into the ground.

bmewsd

lisyloo wrote: »

Is there no way you could manage without a car?
Train, bus, motorcycle, cycle, walk, lift, borrow a family members car, go on a lift share database, get someone in the family to drive you etc.
I appreciate it may not be ideal but I don't think you have a good chance of getting the money back for tha car hire, given that she probably has debts rather than assets and I don't think that the MIB will cover this.

Unfortunately, my work requires me to work all over the UK. I use public transport where I can, but as we all know, it's not the most convenient of services.

lisyloo wrote: »

I have a feeling you will be a bit out of pocket, but then you did choose not to insure yourself with a hire car option, so whilst I don't want to be nasty in your situation this was a risk you knowingly took especially if there really are no other options for getting to work open to you out of the many options I listed.

you're right of course, my choice, my error. I'll need the car but I'll worry about recovering the costs of this later.

thanks for the reply, much appreciated

lisyloo

In your situation I'd try to get a decent long term deal on car hire in case the money cannot be recovered (if you are absolutely certain the car is a write-off).

Even if you go looking it can take a couple of weeks to get another car if you looking around and have inspections done etc and it can be a false economy to rush, so look for the best deal on a car hire for say a month.
This might be cheaper than hiring it weekly.

What have your insurance company/legal insurance said so far?
People here can give limited advice and support but at the end of the day you pay your insurance company to sort out this situation.

It may be a blindingly obvious write-off but just thought I'd point out that it's up to the insurers to decide whether to write-it off or not.

bmewsd

lisyloo wrote: »

In your situation I'd try to get a decent long term deal on car hire in case the money cannot be recovered (if you are absolutely certain the car is a write-off).

Even if you go looking it can take a couple of weeks to get another car if you looking around and have inspections done etc and it can be a false economy to rush, so look for the best deal on a car hire for say a month.
This might be cheaper than hiring it weekly.

What have your insurance company/legal insurance said so far?
People here can give limited advice and support but at the end of the day you pay your insurance company to sort out this situation.

It may be a blindingly obvious write-off but just thought I'd point out that it's up to the insurers to decide whether to write-it off or not.

thanks again lissyloo. yes, you're right on so many counts. The insurance company are yet to call me (soon to be rectified by me calling them). I'm certainly not expecting chapter and verse from the kind folk of this forum, more a sharing of experiences thus allowing me to set my own expectations.

I've already started the investigation into long term hire. But I will have to replace at some point. I think the whole idea of the original post was to find out what has happened to people with a similar experience. Primarily the fact that the other driver was uninsured.

I'm aware that it's commonly believed that up to 40% of the cars on the UK's roads are currently uninsured but having been driving for nearly 30 years and always paying insurance I guess I expected that justice would be done. That said, I think that'll I'll be yet another statistic in the list of those who've been well and truly shafted.

I shouldn't need to hire a car, bother friends or use any form of transport than that of choice. Through no fault of my own, that is exactly the state in which I find myself. To add to this that I'm feeling absolutely lousy obviously doesn't help.

I expect the law to prosecute this woman to its fullest extent. Not because she's female but because she put multiple lives at risk due to her stupidity and ignorance. Why should I or anyone for that matter be expected to bear the brunt of the consequencial damage? But I suspect she'll get off lightly perhaps a few points, perhaps a fine. I'm certainly not seeking a custodial sentence but I think she should have to retake her test. I think she should certainly not be allowed to drive on her own until she's compentent enough to do so and with an understanding of the legal obligations around car ownership.

please excuse the rant.

thanks again for your replies.

bmewsd

well, I've just spoken to the liabilities department of my insurer. They've basically said that if this case goes to MIB then there will be a 300.00 excess on that or that they won't take on cases with less than 300.00 uninsured losses.

As I suspected, it mean's i'll be out of pocket before I start. It's obviously early days and they're still trying to ascertain who is at fault. The bottom line appears to be that going without insurance whilst illegal is more advantageous if you CAN'T afford to pay any money back to anyone you crash into. Somehow, this seems wrong. but what do I know. I'm just your average law abiding tax payer.

gotta love british justice. I'm really at a loss as to what I can do other than to sue the other party which again will cost me. I hope that nobody reading this get's hit by an uninsured driver. You have my sympathies if you do.