driver jumped red light, crashed into me. Was uninsured

lil_me

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?

Depends on the insurance policy, the other car also needs to be covered by a valid insurance policy (so you couldn't just use someones spare car they didn't have insured) some don't cover 'driving other cars' mine doesn't which until I received the documents I thought it did, so had to add myself to my partners policy incase I need to drive his car. If they do cover driving other cars it's also only third party cover for occasional use, so if I used someones car frequently I should be insured on their policy.

As for the OP is concerned, there is a young lad used his Mam's car who I unfortunately met after he'd crashed it, he was arrested for taking his mother's car without consent (yes car theft) and is currently waiting to go to court for that aswell as driving without insurance, his solicitor has told his Mam he's to expect a hefty fine and a ban, possibly a custodial sentence because of the theft but there was no way she'd have got any form of criminal record for him saying she'd loaned an uninsured driver her car. Her car is still sat on her drive smashed up as her insurance company so far are refusing to deal with it, she's arguing this now her sons been charged because it should be classed as stolen.

Conor_3

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?

No. They must be added as a named driver which is done by contacting the insurers and getting the name added. You can get an "any driver" policy but they're well expensive so limited mainly to business users.

cyclonebri1

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.

You know Coner, you got that bang on.:T

Praise over.

If you would only keep the rest of your posts that factual you would gain a lot more respect from the regulars on here.

Again, totally agree with Coner, (unless he has a go at me that is):mad:

cyclonebri1

And just to add, the only option the OP's parent has is to state the car was taken without permission. At least that way he/she/will not be prosecuted for allowing etc and will have their losses covered.

Also it may teach the OP a more painfull but longer lasting lesson.

Sorry OP but I never did it or even thought of doing it so tough I'm afraid

Dogma_2

Thanks for all posts. I just want to know what to expect regarding the costs...Im a student to make matters worst

I didnt cancel the insurance for this car, what i said was that I once had my own car and that the insurance was £2000 - so I know what it is to pay insurance. But as Ive became a full time student I had to sell my car due to all the costs and not being able to work full time.

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?

It does work that way in Portugal - where Im from - As long as a car is insured fully comp. over there, anyone with a full driving license is allowed to drive it. But it doesnt work that way here in the Uk and I know that - Ive passed my license here and have been driving for 2 years! So no excuses really...
Im gonna take all the responsibilities, and although im concerned with the points in my license and the fine what bothers me the most is the hassle that Im giving to my mum

Ill take whatever they throw at me at court but will probably have to stop my education and get a Full time jobIF I have to pay for all costs (although I think my sis will want to pay half of it)

Ive contacted a solicitor already that specialises in this cases lets see how it goes..

Again i do emphasise that the crash wasnt my fault at all. I have witnesses contact details including the driver that was behind me. In fact they offered themselves to be witnesses as they clearly saw that the woman was to blame for the crash - I was in the green. A lot of bypassers said straight away she jumped the red light and not only that the police said they will check the video tapes of the cameras around the junction.

anewman

Sounds a bit of a tough thing for a parent to do though if there was some form of informal agreement "yeah take it when you need it and drive uninsured" as the parent would be lying in saying there was no consent to use the vehicle. I guess if I had a parent do that to me though and I was silly enough to drive without insurance, then I would think of the wider implications and begrudgingly accept it.

Hopefully this post will get a few more people off the road or buying insurance, if nothing else. Insurance is expensive, but if you can't afford insurance, you can't afford to drive - even if some idiot is stupid enough to go through a red light. Sad thing is the person involved was trying to save a little money and now it is going to cost them an absolute bomb in future and they may find it difficult to drive legally again.

Dogma wrote: »

Again i do emphasise that the crash wasnt my fault at all. I have witnesses contact details including the driver that was behind me. In fact they offered themselves to be witnesses as they clearly saw that the woman was to blame for the crash - I was in the green. A lot of bypassers said straight away she jumped the red light and not only that the police said they will check the video tapes of the cameras around the junction.

Fact remains you should not have been on the road legally - whoever caused the accident. Unfortunately it seems you're about to find out why insurance is important.

Conor_3

Dogma wrote: »

Again i do emphasise that the crash wasnt my fault at all. I have witnesses contact details including the driver that was behind me. In fact they offered themselves to be witnesses as they clearly saw that the woman was to blame for the crash - I was in the green. A lot of bypassers said straight away she jumped the red light and not only that the police said they will check the video tapes of the cameras around the junction.

You may be lucky in respect to any liability to the third party but you're still going to be facing everything else. The only thing, though, is that the third party will probably deny liability until the cows come home and it ends up getting settled in court.

suffolkb

Your sister wanted to go somewhere. Why didn`t your sister drive? If she is insured for her husbands car, then maybe she was insured for your mothers (and maybe not). But you knew that you were not insured to drive. And you did it anyway.

mum2one

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?

That would only apply if the insured person had the policy to state any driver, but the price for that is sky high, hense usually driver + 1 named person. x

Sarahjovi

When someone hit my car, I was only insured 3rd Party, (i.e. only insured to payout if I caused damage to someone elses car). However, my insurance company put me in touch with Albany Assistance who dealt with my claim against the person who hit me. They called it an Un-insured Loss, so maybe it would be worth you talking to them to see if they can help?

Good luck with it all!

Sarah