Will insurance pay out on other car?

2

Comments

  • He’s lucky not to be getting six points and a £300 fine.
    six points and a £300 fine, what would that be for then?

    There was an insurance policy in force and even though it didn't cover the OP's son for commuting, the insurer is still legally obliged to provide third party cover under that policy.

    The OP's son was not driving without the minimum required insurance in place so there is no possibility of being prosecuted for no insurance.
  • Car_54
    Car_54 Posts: 8,209 Forumite
    First Anniversary Name Dropper First Post
    The law requires a policy to be in place covering that person's use of the vehicle. There wasn't, and specifically so. The fact that the insurer would pay out under a different piece of legislation is irrelevant. Guilty.
  • dacouch
    dacouch Posts: 21,637 Forumite
    Name Dropper First Anniversary First Post
    six points and a £300 fine, what would that be for then?

    There was an insurance policy in force and even though it didn't cover the OP's son for commuting, the insurer is still legally obliged to provide third party cover under that policy.

    The OP's son was not driving without the minimum required insurance in place so there is no possibility of being prosecuted for no insurance.

    The ops son is druving without insurance during this drive eg commuting.

    If the police were involved he would be banged to rights.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    Combo Breaker First Post
    six points and a £300 fine, what would that be for then?

    There was an insurance policy in force and even though it didn't cover the OP's son for commuting, the insurer is still legally obliged to provide third party cover under that policy.

    The OP's son was not driving without the minimum required insurance in place so there is no possibility of being prosecuted for no insurance.

    Are you sure?
  • Are you sure?

    Yes.
    Even though you are driving outside of the permitted terms of your policy, the fact that there is still cover in place regarding third parties means that you are not driving without insurance.
    Your vehicle won't be covered but any third party damage or injuries will be.

    This is why on the bottom of your certificate of insurance is will state:
    Please note: For full details of the insurance cover, refer to your policy. Advice to third parties: Nothing contained in this certificate affects your right as a third party to make a claim
    It is advising a third party that they can still claim against your policy even if you are driving outside of what that certificate state you can do.
  • Before doubting the other party, remember that additional damage could have been discovered (or the bumper could have fallen off completely) - either which WOULD render the car undriveable.
    Likewise, 15mph is easily enough to give someone whiplash.

    It gets my goat when someone causes a crash due to not paying attention / not leaving a big enough gap, and then gets annoyed when the other party incurs additional costs.
    If your son had been driving properly, none of this would have happened.
    I'm sure your son inconvenienced the innocent party more than he's been inconvenienced.
  • dacouch
    dacouch Posts: 21,637 Forumite
    Name Dropper First Anniversary First Post
    Yes.
    Even though you are driving outside of the permitted terms of your policy, the fact that there is still cover in place regarding third parties means that you are not driving without insurance.
    Your vehicle won't be covered but any third party damage or injuries will be.

    This is why on the bottom of your certificate of insurance is will state:

    It is advising a third party that they can still claim against your policy even if you are driving outside of what that certificate state you can do.

    With all due respect you do not understand what you are talking about
  • gord115
    gord115 Posts: 1,063 Forumite
    First Post First Anniversary Combo Breaker
    He is 21 and has been driving for 4 years without a ticket or accident. It seems a genuine mistake.
    He says he did the policy over the 'phone, declared all the mods he has done and that he uses the car for work.
    I believe him because if he was trying to get a cheaper quote he wouldn't have declared his mods.
    He admits it was his own fault he didn't check his policy though when it came through.

    He was calm after the crash (he rang us up and we went to him) and could have lied where he was going if he had known he had lied about using car for commuting.
  • marlot
    marlot Posts: 4,933 Forumite
    Name Dropper First Anniversary First Post
    edited 11 April 2018 at 7:01AM
    Yes.
    Even though you are driving outside of the permitted terms of your policy, the fact that there is still cover in place regarding third parties means that you are not driving without insurance.....

    This conflates two separate things.

    Third parties are allowed to claim from the insurance company. There was even a case a few years ago regarding a biker who sold his motorbike but didn't cancel the insurance. The purchaser didn't take out insurance of their own, so the seller's insurance had to step in and pay.
    http://www.visordown.com/news/general/biker-may-be-forced-to-pay-thousands-after-banned-new-owner-has-fatal-crash

    However, the driver can still be presecuted for driving outside the terms of their insurance. And their car seized. If you google you'll find numerous examples.
  • marlot
    marlot Posts: 4,933 Forumite
    Name Dropper First Anniversary First Post
    gord115 wrote: »
    He is 21 and has been driving for 4 years without a ticket or accident. It seems a genuine mistake.
    He says he did the policy over the 'phone, declared all the mods he has done and that he uses the car for work.
    ....
    Could there be a recording of that call? It might be worth putting in a formal complaint and ask them to listen to it/review.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.9K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards