Who is liable for this crash

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  • tinkerbell84
    tinkerbell84 Posts: 5,323 Forumite
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    I take it that the insurers haven't backdated her cover then?
  • rose28454
    rose28454 Posts: 4,948 Forumite
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    tinkerbell84 wrote: »
    I take it that the insurers haven't backdated her cover then?

    At first they said they would but as the renewal was 1.9.8 they would only have backdated within 14 days. I remember a person I knew years ago who had an accident there policy had lapsed and they immediately called insurers and had it re-instated and he claimed. I think insurers have tightened up things since then.
  • David_Aston
    David_Aston Posts: 1,160 Forumite
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    Rose, it really might not be best for your daughter to tell the guy she did not have insurance in place. He could choose to just tell the police anyway. I appreciate you are trying to avoid having to pay his repairs, as well as your daughters. It just seems too risky to me.
  • LinasPilibaitisisbatman
    LinasPilibaitisisbatman Posts: 1,518 Forumite
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    You clearly need to beware of adding a charge of perverting the course of justice as well as fraud to the charge sheet

    Covering up the fact insurance was not in place is perverting the course of justice, not telling the insurers what happened is fraud

    also you seem very insistent the other driver was to blame, I cant say that is clear from the post, maybe he was, maybe he wasnt but if he disputes it we all know who is in the crap

    I dont think your daughter should come clean with him straight away but the slightest mention of involving insurers then she should offer to pay his damages with an agreement of full and final settlement
  • rose28454
    rose28454 Posts: 4,948 Forumite
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    David_Aston wrote: »
    Rose, it really might not be best for your daughter to tell the guy she did not have insurance in place. He could choose to just tell the police anyway. I appreciate you are trying to avoid having to pay his repairs, as well as your daughters. It just seems too risky to me.

    How do you suggest we do it then.??
  • David_Aston
    David_Aston Posts: 1,160 Forumite
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    Agree that both parties prefer to settle without involving the insurance companies, if he insists your daughter pays for his repairs, bite the bullet.
  • rose28454
    rose28454 Posts: 4,948 Forumite
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    Are you legally obliged to exchange insurance details?
  • LinasPilibaitisisbatman
    LinasPilibaitisisbatman Posts: 1,518 Forumite
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    rose28454 wrote: »
    Are you legally obliged to exchange insurance details?


    You don't have too although your opening yourself upto claims of failing to stop, provide details and perverting the course of justice

    At the end of the day go and listen to what he says and be quiet

    The first mention of him disputing liability or involving insurance companies, get the cheque book out and pay exactly what he wants
  • raskazz
    raskazz Posts: 2,877 Forumite
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    rose28454 wrote: »
    Are you legally obliged to exchange insurance details?

    Where someone requires the information for the purposes of making a claim (the third party could legitimately argue he is making a claim - on the circumstances given liability is not clear cut) you have to give details of insurance or lack of insurance. This is as per Section 154 of the Road Traffic Act, anyone who refuses is guilty of an offence. Basically if the third party asks for the information, if it is not given then an offence has been commited.
  • rose28454
    rose28454 Posts: 4,948 Forumite
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    LinasPilibaitisisbatman wrote: »
    You don't have too although your opening yourself upto claims of failing to stop, provide details and perverting the course of justice

    At the end of the day go and listen to what he says and be quiet

    The first mention of him disputing liability or involving insurance companies, get the cheque book out and pay exactly what he wants

    I am not able to get out mine or my DD,s chequebook as neither of us have any money. I was looking at Direct Line.s website ( his insurers ) and the spiel is as follows:-
    Our uninsured driver promise

    If you make a claim for an accident that is not your fault and the driver of the car that hits you is not insured, you will not lose your no claims discount or have to pay any excess.

    Conditions
    • We will need:
      the vehicle registration number and the make and model of the car; and
    • the driver's details, if possible.
    It also helps us to confirm who is at fault if you can get the names and addresses of any independent witnesses, if available.
    When you claim, you may have to pay your excess. Also, if when your renewal is due investigations are still ongoing, you may lose your no-claim discount temporarily. However, once we confirm that the accident was the fault of the uninsured driver, we will repay your excess, restore your no claims discount and refund any extra premium you have paid.
    In Northern Ireland cover not available to under 22’s.
    This promise is for comprehensive policyholders only.

    The only problem is with this that it was not DD'S fault or should she just say it was her fault so he can claim from Direct Line and can pay her own damage costs?
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