Will insurance pay out on other car?

gord115
gord115 Posts: 1,063 Forumite
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My son had an accident this morning on the way to work.
He ran in to the back of someone in traffic at about 15mph.

He is fully comp.

The guy was ok about it but the rear bumper was hanging off the newish car with parking sensors etc.

All details were swapped and my son 'phoned his insurance only to be told he wasn't insured for commuting. He says he had no idea.

The other guy now says his car was undriveable (even though he drove off) and that he has whiplash!!!.

What we need to know is if my son wasn't insured for commuting will the insurance pay out for the other car, or will my son have to pay for that, the whiplash claim as well as his own car?

Any advice appreciated.
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Comments

  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
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    They will have to pay the other driver but will be looking to recover their costs from your son.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    Combo Breaker First Post
    gord115 wrote: »
    My son had an accident this morning on the way to work.
    He ran in to the back of someone in traffic at about 15mph.

    He is fully comp.

    The guy was ok about it but the rear bumper was hanging off the newish car with parking sensors etc.

    All details were swapped and my son 'phoned his insurance only to be told he wasn't insured for commuting. He says he had no idea. What does his certificate/schedule say?

    The other guy now says his car was undriveable (even though he drove off) and that he has whiplash!!!. It probably isn’t driveable, moveable yes.

    What we need to know is if my son wasn't insured for commuting will the insurance pay out for the other car, or will my son have to pay for that, the whiplash claim as well as his own car?

    Any advice appreciated.

    There’s little you can do to disprove whiplash, it could get expensive for your son. Does he have any fund or assets when they come knocking for money?

    Having watched the High Court Sherrifs I’d get looking for receipts for anything you own.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,967 Forumite
    First Anniversary First Post Name Dropper
    Some insurers now have multiple classes of insurance. Admiral for example have something like the old "social, domestic and pleasure" category which for other insurers in previous years included commuting to your place of work but not business mileage but with Admiral specifically excludes commuting. Commuting is the next category up, with Business 1 and Business 2 being further levels of business cover. It sounds like your son either didn't make it clear what he would be using the car for and/or didn't read his policy documents. As Andy says, it should be quite clear on his policy schedule and/or certificate and the various levels will be explained in the policy booklet.
  • gord115
    gord115 Posts: 1,063 Forumite
    First Post First Anniversary Combo Breaker
    The certificate says "social domestic and pleasure ex commuting"
    so he wasn't covered.
    Other forums seem to think they will pay out for the other guy but not for my sons car.
    They also seem to think it is unlikely they will pursue him for the costs.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,967 Forumite
    First Anniversary First Post Name Dropper
    An expensive mistake I'm afraid. The only thing to do is to ask the insurer what the consequences are. I hope for his sake that they don't cancel the policy because that will cause a lot more hassle and expense for years to come, on top of the costs of repairing his car and higher premiums through having made a claim. Insurers will always ask if a policy has been cancelled and some will not insure people whose policy has been cancelled in the past and those that do tend to charge a premium.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    Combo Breaker First Post
    gord115 wrote: »
    The certificate says "social domestic and pleasure ex commuting"
    so he wasn't covered.
    Other forums seem to think they will pay out for the other guy but not for my sons car.
    They also seem to think it is unlikely they will pursue him for the costs.

    Best stick to that forum as they’re telling you what you want to hear.

    Without knowning the company and costs involved no one can say. But why should others pay for his cost cutting? He’s lucky not to be getting six points and a £300 fine.
  • FutureGirl
    FutureGirl Posts: 1,252 Forumite
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    Your sons insurers will have an obligation under the Road Traffic Act to deal with the other drivers claim.

    They may / may not then pursue your son for the costs - they will likely do a financial background check to see the likelihood of your son being able to afford to pay them back.
  • Lorian
    Lorian Posts: 5,705 Forumite
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    Regular place of work?
    Who's the insurer?
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    Combo Breaker First Post
    Lorian wrote: »
    Regular place of work?

    Doesn’t matter.
  • GothicStirling
    GothicStirling Posts: 1,157 Forumite
    Up to the insurer's underwriters now. Similar thing happened to my sister, who was in a three car impact, as she drove to university. She didn't have commuting as she didn't realise going to university was classed as commuting (which is any journey you do regularly). The insurer did payout, but that could have been because the police said the whole incident was solely the fault of the first vehicle (which had cut in front of my sister at a junction).
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