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driver jumped red light, crashed into me. Was uninsured

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  • zeon999
    zeon999 Posts: 229 Forumite
    The only way I see here insureance will payout is if she says the car was stolen, only problem with that is then you would get prosecuted not only for no insurance but also for TWOC, Taken Without Owner's Consent (UK theft).

    I am glad you see you did wrong and hold your hand up though, fair play most would just say they are so hard done to. At the end of the day there is no excuse for driving without insurance and if your cuaght doing it you deserve the consequences if not worse cos genrally UK laws sucks and is not harsh enough on alot of crimes.
  • sjc_2
    sjc_2 Posts: 685 Forumite
    "even if we had the short term insurance it wouldnt have prevented the crash."
    Sods Law says it would.

    "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"

    A Taxi would of been much cheaper and less hassle, cost of short term insurance + running costs must be more than a Taxi. Personally my first thought in her situation would be to get a Taxi not to get someone to drive with no insurance.
    Cheers
    Steve
  • MrsE_2
    MrsE_2 Posts: 24,162 Forumite
    10,000 Posts Combo Breaker
    Dogma wrote: »
    Yes i most likely will be prosecuted.
    Policeman told me to expect 6 pts and at least £200

    £200, cheaper than buying insurance:rolleyes:

    No wonder people do it:mad:
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Dogma wrote: »

    My sister wanted a lift………lots of waffle removed………


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

    …..more waffle removed………

    I think the 2 issues are separate.
    • If the other driver was at fault then her insurance company (assuming she has one) will pay for all damage to your car together with compensation for any injury you and your sister suffered.

      If the other driver wasn’t at fault (i.e. it turns out you jumped the red light) then the “uninsured motorist fund” will pay for the damage and injuries to the other driver & her car and can recover these costs from you. Your mother will have to cover the cost of the damage to her car.
    • You weren’t insured and will be rightly prosecuted, expect 6 points and a hefty fine together with big loadings on future premiums if you try to insure something else.

      If you had your mother’s permission to drive the car then she might well be prosecuted too for allowing uninsured use, if you didn’t have her permission then you could end up with car theft added to your court case.
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    The facts of what will happen.

    1) You weren't insured. You'll be charged for driving without insurance for which you'll receive 6-8 points plus a fine. If you passed your test under 2 years ago, you'll lose your licence and have to take a retest. You will need to inform your insurers when you've been convicted and this will affect your current policy.

    2) The third party or MIB can claim against you personally through the courts for damages (cost of repairs or value of vehicle if it's a write off) , costs (such as vehicle recovery and storage), loss of earnings and compensation for injury. There is no limit for the claim.

    3) Regarding your mothers vehicle, you're going to have to sort out compensating her out of your own pocket. Whilst her insurance MAY cover the repairs, they will not cover the cost to the other party and she will lose her no claims bonus thus upping her insurance.

    4) Also, as Altarf said, your mother is probably likely to be prosecuted for allowing her car to be driven uninsured which carries the same penalties as you're going to get. If she (in my mind quite rightly) chooses to say that you took the car without permission in order to save herself the points, expect to be charged with "Taking Without Owners Consent" commonly known as TWOC which is what they charge car thieves with.

    You need a good lawyer.
  • melb
    melb Posts: 2,886 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I haven't read all the posts so please forgive me - and I'm probably totally wrong in saying this but can't someone who has a car and has insurance for that car allow someone else (ie you) to drive the car with their permission - obviously providing you have a full driving licence?
  • MrsE_2
    MrsE_2 Posts: 24,162 Forumite
    10,000 Posts Combo Breaker
    melb wrote: »
    I haven't read all the posts so please forgive me - and I'm probably totally wrong in saying this but can't someone who has a car and has insurance for that car allow someone else (ie you) to drive the car with their permission - obviously providing you have a full driving licence?

    They've already said they cancelled theirs as it was too expensive at £200.
  • mymatebob
    mymatebob Posts: 2,199 Forumite
    Conor wrote: »
    The facts of what will happen.

    1) You weren't insured. You'll be charged for driving without insurance for which you'll receive 6-8 points plus a fine. If you passed your test under 2 years ago, you'll lose your licence and have to take a retest. You will need to inform your insurers when you've been convicted and this will affect your current policy.

    2) The third party or MIB can claim against you personally through the courts for damages (cost of repairs or value of vehicle if it's a write off) , costs (such as vehicle recovery and storage), loss of earnings and compensation for injury. There is no limit for the claim.

    3) Regarding your mothers vehicle, you're going to have to sort out compensating her out of your own pocket. Whilst her insurance MAY cover the repairs, they will not cover the cost to the other party and she will lose her no claims bonus thus upping her insurance.

    4) Also, as Altarf said, your mother is probably likely to be prosecuted for allowing her car to be driven uninsured which carries the same penalties as you're going to get. If she (in my mind quite rightly) chooses to say that you took the car without permission in order to save herself the points, expect to be charged with "Taking Without Owners Consent" commonly known as TWOC which is what they charge car thieves with.

    You need a good lawyer.

    Excellent post - sums it up very well.

    None of which I suspect the OP would want to hear.

    The OP gambled, took a risk - and lost.
  • quote{Originally Posted by melb
    I haven't read all the posts so please forgive me - and I'm probably totally wrong in saying this but can't someone who has a car and has insurance for that car allow someone else (ie you) to drive the car with their permission - obviously providing you have a full driving licence?}

    NO, only if the person who you allow to drive your car has insurance in their own name and even then they are only driving the car third party? which wouldnt cover damage to the car they were driving.

    I was hit by an unisured driver a few years ago but he lived on my road and the accident happened on my road so he could hardly hide! He had to pay for us to hire a car AND fix our car all out of his own pocket. Thats when the unisured person really has to pay for their mistake!

    Having said that, I was recently hit by someone who drove off and the police are doing nothing about it becasue he denies it was him??? even though my car has HIS paint on it and his car has a bumper missing and MY paint on it??? it makes me mad when people get away with causing accidents as much as people who do not have insurance, so I hope the woman gets done for causing the accident to you and for jumping the light and I hope her insurance pays for the damage. but you were silly:rolleyes:
  • no, it was £2000, which is same as mine, but i pay as this situation is my worst nightmare. its tempting to do easpecially if you havent learnt the lesson the hard way. i had a smash as an insured driver for the first time and the process is scary, as a new driver , i was at fault. i am now being sued for damages, costs, lack of this, lack of that. its terrifiying. i can sleep at night knowing i am insured and they will handle this matter now on my behalf. i feel you were naive and have learnt the lesson now. everything happens for a reason.
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