Accident occurs in insured car by uninsured driver

redward
redward Posts: 21 Forumite
in Insurance & life assurance
I want this one cleared up - I think I might have to seek legal advice on this one.

My SO has been using my car while her car is in the garage.

The other day, she rear-ended a car at a junction that started to leave the junction and then abruptly changed it's mind - dented the other car, not much more than paintwork issues on mine. These things can and do happen.

Turns out, my SO didn't have her own insurance renewed though - not for about a week or so prior to the event. She was discussing it with the insurance company but figured that since the policy was for her car, she didn't need it renewed there and then AND that my fully comp policy covered her to drive my car.


Can some confirm whether that's the case or not?

Comments

  • bigisi
    bigisi Posts: 925 Forumite
    redward wrote: »
    AND that my fully comp policy covered her to drive my car.


    Can some confirm whether that's the case or not?

    There's only one person who can confirm whether she was insured on your car or not.

    You!

    Read your documents.
  • cajef
    cajef Posts: 6,266 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Is she a named driver on your insurance?
  • redward
    redward Posts: 21 Forumite
    Oh, dear - as I say, I think I need to seek proper legal advice on this..
  • macman
    macman Posts: 53,098 Forumite
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    edited 28 June 2018 at 4:08PM
    No you don't, you simply need to look at your own policy. If it covers any driver authorised by you, or she is a named driver on it, then fine. Otherwise no, the damage was not covered and she was driving it uninsured.
    A fully comp policy doesn't automatically allow anyone to drive the vehicle.
    Even if she was covered, your premium will be affected. The accident was 100% her fault, as she failed to allow sufficient stopping distance in front.
    No free lunch, and no free laptop ;)
  • redward
    redward Posts: 21 Forumite
    macman wrote: »
    If it covers any driver authorised by you, or she is a named driver on it, then fine.


    As in, that's fine that she DIDN'T have insurance? As I understood it, all drivers need to have insurance.


    My policy does say any driver with my permission.
  • Reardoa
    Reardoa Posts: 155 Forumite
    edited 28 June 2018 at 4:18PM
    It sounds like you have open driving but that is rare on private policies these days. Just double check that and if it has any restrictions such as no one under the age of 25.
  • Blondetotty
    Blondetotty Posts: 269 Forumite
    First Post First Anniversary
    You really don't need to seek legal advice just to find out if she was insured. As others have said, read your policy. If you don't understand it, call your insurance company.

    It's pretty simple if she didn't have her own valid insurance policy that allowed her to drive other cars then your insurance policy will either have to
    a) allow any driver with your permission or
    b) Name your partner as a driver.
    If it is one of those two she will be covered. If it's solely you as a driver listed on your policy then she isn't covered.
  • macman
    macman Posts: 53,098 Forumite
    Name Dropper First Post First Anniversary
    edited 28 June 2018 at 4:55PM
    redward wrote: »
    As in, that's fine that she DIDN'T have insurance? As I understood it, all drivers need to have insurance.


    My policy does say any driver with my permission.

    Then she's covered under your policy. But you will need to pay the excess and the resultant higher premium. Rear bumper damage to a modern car can easily cost £2K or more.
    As for her lapsed policy, yes, she's committing an offence: an uninsured vehicle must be off the road and SORN'd. It's also very foolish financially: if the car suffers theft, damage or fire while under repair, then she would need to claim off the repairer's policy, not her own. Assuming they have such cover, which not all backstreet repair businesses will.
    No free lunch, and no free laptop ;)
  • Quentin
    Quentin Posts: 40,405 Forumite
    redward wrote: »
    As in, that's fine that she DIDN'T have insurance? As I understood it, all drivers need to have insurance.


    My policy does say any driver with my permission.

    You need to quote what your certificate says (not your policy)

    The cert is the definitive document showing who is covered
  • littlerock
    littlerock Posts: 1,774 Forumite
    First Post Combo Breaker First Anniversary
    edited 29 June 2018 at 10:03AM
    If that is what your policy says, you will be covered. Your insurers may try to get out of it first of all by claiming only named drivers covered, because most modern policies insist on only covering named drivers but yours sounds like an older policy, like mine, which covers any driver (over 21 with a valid driving licence) with owners permission.

    You may have to stick to your guns though. I have same policy and OH had a similar accident driving with my permission. In the end it had to go to the underwriters, but policy was pretty clear and my insurers had to pay up.
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