driver jumped red light, crashed into me. Was uninsured

Dogma_2

My sister wanted a lift to go and see her friend that she really needed to. Her husband's car was getting fixed so she asked me if i could give her a lift on my mother/stepdad's car...She knows im not insured but as I sometimes drive the car covered with short-term insurance (so im pretty familiar with the car), have been driving for 2 years with a clean driving license ( never been stoped by the police, never got caught speeding, dont drink drive) she thought there would be no harm as it was only a 25 min drive return in the city we live. I thought the same too - no harm....
She thought about doing a short term insurance for me to drive the car but we didnt do this as we thought it would be a waste of money :lipsrseal - no need to say we have learned our lessons even though we are both usually very responsible people..

Anyway as the title suggests we were hit by a woman who jumped the red light at this very busy junction and hit us on the side of our car. Our car spun 180 degrees the airbags came out and both cars had to be retrieved by a recovery company... Me and my sister were uninjured(so we thought cause she complained of back and neck pain 2 hours after the accident and we have been to the hospital that same day) the woman also seemed uninjured but she was still taken into the ambulance as she was a bit in shock. Ive still spoken very briefly to the woman and asked her if she was ok but she was crying and was very worried with her car...fair enough, but metal is metal it gets replaced. the important thing was that noone got hurt..

AsI said the crash had happen in a very busy junction so we had a lot of bypassers, mainly students and a few of themsaw the crash happening. A lorry who was behind me (im only speculating here but if she wouldnt hit me the lorry might have hit her...perhaps her hitting us might have been the lesser of 2 evils ) gave me his contact details and offered to be a witness. I also had another driver who saw everything and gave his contact details.

A few bypassers said straight away she had jumped the red and i am sure too as i was in the green...
I have been to the police station to show my documentation which i didnt have at the time so they are aware the vehicle wasnt insured in my name.

There's clearly 2 issues here:
- I was uninsured
-The accident was her fault for jumping a red light

I assume responsiblity for what i have done - and so does my sister, because as soon as the car came to a stop and she realised we were ok, she was very apologetic and felt really bad because she feels if she didnt ask for a lift in the 1st place this wouldnt have happend. However I still feel the most responsible for this as I had the final word and couls have simply said no.
Im not expecting any simpathy from people and some may want me to rot and die in jail or never to be allowed to drive again but even if we had the short term insurance it wouldnt have prevented the crash. To be entirely honest i feel a bit hard done by but also feel stupid as i commited an offense.

The car ins't mine and that is what worries me the most.. What are my options? Can i claim on her insurance to pay for damage to my mother's car even though im also at fault? I presume her insurance company will try everything not to pay for the damage for that reason alone..But i feel i got some line of argument as even if i was insured the crash would still happen (its not as if i was drunk or driving the car without an MOT).
All advice will be taken gladly!
Thanks for reading. Sorry for long post and poor grammar!

Riq

I don't think you have a leg to stand on to tell you the truth.

You were uninsured so you should not have been driving the car and her insurance will point to this. Whether the crash would have happened or not.

The fact is you were not legally able to drive that car. I think you will have to pay for the damage yourself.

As for not being insured in the first place you have no idea how angry that makes me feel considering how much I pay for mine.

Expect a massive backlash I am sorry to say, but you will find no one arguing your side i suspect

Dogma_2

thanks for fast reply

I understand you feel angry. But this was only a one off...
I have paid insurance for my car but i had to sell it as i became a full time student and insurance was way too high, £2000..

xlt_hunter

Expect a visit from your local bobby in the near future with your writes given to you. You may have to go to court (along down the line) for driving with no insurance.

The onus is on you to provide insurance on any car that you drive. As the insurance is in your name only. You can't use your mothers insurance to fix the car to be honest.

It to makes my bloody boil that drivers are driving with no insurance and I drive for a living as well (Lorry Driver).

Riq

Yeah i know you dont want a lecture or anything, I am just warning you what to expect that's all.

Uninsured drivers just rates high on my anger-o-meter!

mum2one

regardless of whether or not the other driver was to fault, you are an adult, and you made that decision to drive, knowing that you were not insured, your sister could be classed as an accessory after the fact.

The police, once all the investagtions completed will almost certainly recommend that the CPS proceed with a case, as well as driving without insurance, you may also be prosecuted for taking the car.

I guess you can thank your lucky stars that no one was seriously injured, whether it was a 2 min journey or the 25 min, from the sounds of your post it was not the 1dt time that you have driven without insurance.

Through the irresponsible driving of two seperate drivers, i am left permanently on crutches, I take 15+ tablets a day, just to get through the day, im on morphine because of the pain, i have a daughter, but when she was 6 mths old I ended up in a wheel chair as my back had gave way, i have been advised that with my problems in my pregnancy and the further episodes that it would not be a very good idea to have another child as it would be unlikely my back would stand it. |I have been robbed of having further children due to one driving that was in a rush and decided to take a corner at 50, in a 30 mile zone, and the 2nd driver who wasnt concentrating and hit the escalator peddle instead of the crutch.

So I have no sympthay, towards anyone who knowingly drives without insurance, as i would give anything to have a normal life, but thats been robbed from me.

zoelouise88

i dont think her insurance will or should pay.
what if you had caused the accident, she wouldnt be able to claim just because you thought as a one off it would be ok.

i think you should just be glad no one was hurt.

also as for 'i feel i got some line of argument as even if i was insured the crash would still happen' i really dont think you have an argument, if you were insured then fair enough but you werent.

Dogma_2

Yes i most likely will be prosecuted.
Policeman told me to expect 6 pts and at least £200

But hey what about this driver jumping red?? Careless driver in my book. If it wasnt me it would have been some one else in my place...perhaps someone carrying a child?! theres also a lot of students crossing that area...

I repeat, i know i was in the wrong and have learned from it. I will never drive uninsured ever. But this woman was in the wrong too...

Anyhow ive contacted legal advice ... but all advice i can get will be apreciated.
Has anyone else been in the same situation?

Dogma_2

Mum2one im sorry for what happened to you i really am. But wasnt your accident caused by presumably a boy racer speeding?

In my humble opinion Speeding, driver under the effect of alchool, driving a car without MOT or a license can cause death. Driving uninsured causes a lot of financial hassle. Im not defending people who drive uninsure, GOD NO. but it shouldnt be classified as the same as drink driving...Metal gets replaced. Lifes dont...
The problem is that many of the drivers who drive uninsured also drive with no license or no mot and i think thats why people put ever1 on the same boat.

Mum2one sorry again for your situation and many others too...but as i said ive got a clean driving license

cyclonebri1

:eek:

Dogma wrote: »

Mum2one im sorry for what happened to you i really am. But wasnt your accident caused by presumably a boy racer speeding?

In my humble opinion Speeding, driver under the effect of alchool, driving a car without MOT or a license can cause death. Driving uninsured causes a lot of financial hassle. Im not defending people who drive uninsure, GOD NO. but it shouldnt be classified as the same as drink driving...Metal gets replaced. Lifes dont...
The problem is that many of the drivers who drive uninsured also drive with no license or no mot and i think thats why people put ever1 on the same boat.

Mum2one sorry again for your situation and many others too...but as i said ive got a clean driving license

Sorry but you won't have for much longer, also I hope your folks are of the understanding type, as it seems you owe them 1 car.

Altarf

The fact that someone is not insured does not remove another driver's liability if they are negligent and crashes into them. So assuming that your story is correct and the other driver went through a red light, then they are liable for the accident and the damage and injury caused.

As you were driving uninsured, then you are not exactly going to some across as a 'person of good character', so you had better have some good solid independent witnesses (and that doesn't include the other person in the car) if you want anybody to believe that the other car drove through a red light, rather than you driving through a red light. Obviously if the police don't believe you, then you may find that you are being prosecuted for careless or dangerous driving, as well as no insurance.

The police may also question your mother/stepfather to see if you had permission to drive the car. If you didn't then they may also prosecute you for taking without consent. If your mother/stepfather say that your were driving with their consent, then they may choose to prosecute them for permitting the car to be driven without insurance.

Depending on the value of the car / amount of damage, if the other driver does not accept responsibility, then your mother/stepfather may choose to report you to the police for taking without consent, so they can claim against their insurance company against you.

And if you thought insurance was expensive before, just wait until you apply with 6 points on your licence (assuming that you still have one) with a conviction for driving without insurance.