Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • rose28454
    • By rose28454 23rd Sep 08, 8:57 AM
    • 4,730Posts
    • 47,739Thanks
    rose28454
    Who is liable for this crash
    • #1
    • 23rd Sep 08, 8:57 AM
    Who is liable for this crash 23rd Sep 08 at 8:57 AM
    My DD was driving to work this morning and was passing a crossroads and the vehicle on the left junction was pulled partly out into the road so my daughter pulled over the line a bit to get round him ( she was going straight on) and suddenly a car on the right junction pulled out and hit her side on and badly damaged her door. She said he only seemed to have damage to his number plate and so they swapped details and she came home. He has now rung and asked for the registration number ( that he forgot to take). She told him she had a large excess (500.00- she is only 22) and so would rather not go through her insurers and he said his excess is 325.00. The problem is that she is crap with money and never opens her post and when we looked for her policy details she found a letter to say her policy had been cancelled 2 weeks ago due to non payment of the last months premium. I am going over to see him shortly so I am wondering what to do. He wants her insurance details which obviously she does not have. What shoe she do? Obviously she should be insured but he is liable as he hit her car.
    I despair of her as she is crap with money ( spend it all on clothes!) and I am on my own ( recently seperated) and struggling with money and debt issues and there always seems to be some financial scrape for me to get her out of. Should we tell him she is not insured or just refuse to give him the details. I think he may then try to wriggle out of paying. Also should we report the accident to the police bearing in mind she is not insured??
Page 14
    • rose28454
    • By rose28454 17th Nov 08, 10:53 PM
    • 4,730 Posts
    • 47,739 Thanks
    rose28454
    It was presumably taken at the time of incident, when liability was in question?

    It will be irrelevant in respect of the current proceedings.
    Originally posted by sarahg1969
    His statement was taken when he reported her lack of insurance. Although it may be irelevant in respect of this court appearance I do not see why my daughter should be called a liar in court and have it reported in the local paper!!
    • rose28454
    • By rose28454 17th Nov 08, 10:57 PM
    • 4,730 Posts
    • 47,739 Thanks
    rose28454
    [quote=LinasPilibaitisisbatman;14480541]I think one thing which is vital and has not been answered is what way was the other party turning, if he was turning left and hit a car on the wrong side of the road he is not to blame

    If he was turning right he is as he didnt wait til the road was clear"

    He was turning right so is to blame for the accident and he paid for the damage so why lie on his statement especially as his wife is supposed to be a policeman!!
    • sarahg1969
    • By sarahg1969 17th Nov 08, 11:05 PM
    • 6,429 Posts
    • 10,821 Thanks
    sarahg1969
    His statement was taken when he reported her lack of insurance. Although it may be irelevant in respect of this court appearance I do not see why my daughter should be called a liar in court and have it reported in the local paper!!
    Originally posted by rose28454
    The police will have taken a statement about the circumstances of the incident. Why would they need to take a statement about insurance from a bloke on the street? It has nothing to do with him, and he cannot provide a statement about that.

    The statement has gone into the bundle, because it was taken at the time as evidence. Now that it's irrelevant, it will not be used, and the bloke will not need to be at court.

    The hearing will revolve around the issue of no insurance, nothing more.

    And, as for the local paper, is there not much going on in your part of the world? Where I am, if they report it, they simply say someone was fined and given points for no insurance. They don't write a whole essay about the trial and what went before it.
  • LinasPilibaitisisbatman
    [quote=rose28454;15951241]
    I think one thing which is vital and has not been answered is what way was the other party turning, if he was turning left and hit a car on the wrong side of the road he is not to blame

    If he was turning right he is as he didnt wait til the road was clear"

    He was turning right so is to blame for the accident and he paid for the damage so why lie on his statement especially as his wife is supposed to be a policeman!!
    Originally posted by LinasPilibaitisisbatman
    Or maybe he told the truth and his insurers decided to setlle anyway

    The only person here guilty of a crime is your daughter, she has been very lucky to get a pay out for her car

    I suggest both you and she grow the !!!! up and stop badmouthing this guy, he was a victim of a stupid bint who shouldnt be on the road in the first place

    Admit it otherwise the added points and fine will follow
    • rose28454
    • By rose28454 17th Nov 08, 11:20 PM
    • 4,730 Posts
    • 47,739 Thanks
    rose28454
    The police will have taken a statement about the circumstances of the incident. Why would they need to take a statement about insurance from a bloke on the street? It has nothing to do with him, and he cannot provide a statement about that.

    The statement has gone into the bundle, because it was taken at the time as evidence. Now that it's irrelevant, it will not be used, and the bloke will not need to be at court.

    The hearing will revolve around the issue of no insurance, nothing more.

    And, as for the local paper, is there not much going on in your part of the world? Where I am, if they report it, they simply say someone was fined and given points for no insurance. They don't write a whole essay about the trial and what went before it.
    Originally posted by sarahg1969
    They do where we live. And the summons says his statement will be used in court and will be there if my daughter requests it ( not!!)
    • rose28454
    • By rose28454 17th Nov 08, 11:23 PM
    • 4,730 Posts
    • 47,739 Thanks
    rose28454
    [quote=LinasPilibaitisisbatman;15951543]

    Or maybe he told the truth and his insurers decided to setlle anyway

    The only person here guilty of a crime is your daughter, she has been very lucky to get a pay out for her car

    I suggest both you and she grow the !!!! up and stop badmouthing this guy, he was a victim of a stupid bint who shouldnt be on the road in the first place

    Admit it otherwise the added points and fine will follow
    Originally posted by rose28454
    Why would insurers settle id she was at fault? And did I say she was pleading not guilty? She did not lie to the police!! Or me for that matter!
  • LinasPilibaitisisbatman
    They do where we live. And the summons says his statement will be used in court and will be there if my daughter requests it ( not!!)
    Originally posted by rose28454
    And???

    Your daughter admitted driving without insurance to him, shes also admitting that herself

    The court case has nothing to do with the accident, but the insurance, so basically you want to go to court pleading not guilty to dispute an irrelevant bit of the statement

    You and your daughter really are a !!!!!!! waste of space, your daughter not content with screwing money out of innocent victims now wants to waste our money

    Heres a !!!!ing idea, both of you get jobs, dont spend cash you dont have and ensure you have insurance

    Now do the forum a favour and plead guilty and stop letting us see what sort of morons we subsidise
    • rose28454
    • By rose28454 17th Nov 08, 11:34 PM
    • 4,730 Posts
    • 47,739 Thanks
    rose28454
    And???

    Your daughter admitted driving without insurance to him, shes also admitting that herself

    The court case has nothing to do with the accident, but the insurance, so basically you want to go to court pleading not guilty to dispute an irrelevant bit of the statement

    You and your daughter really are a !!!!!!! waste of space, your daughter not content with screwing money out of innocent victims now wants to waste our money

    Heres a !!!!ing idea, both of you get jobs, dont spend cash you dont have and ensure you have insurance

    Now do the forum a favour and plead guilty and stop letting us see what sort of morons we subsidise
    Originally posted by LinasPilibaitisisbatman
    Please read my posts before condemning me. We both have jobs, who is the innocent victim? and I did not saying she was pleading not guilty. And stop swearing at me !!!
    • sarahg1969
    • By sarahg1969 17th Nov 08, 11:38 PM
    • 6,429 Posts
    • 10,821 Thanks
    sarahg1969
    The summons WILL say that the statement will be used in Court, because it has been tendered in evidence. when the statement was taken, they could not be certain at that time exactly what she would be charged with, and that is why they needed to know the accident circumstances - so they could consider the evidence and make a decision re the charge.

    If it were only an insurance matter at the time, why would they have interviewed the other driver? Insurance or no insurance is a matter of fact, not another driver's opinion. His views would have been irrelevant.

    When it comes to court, they will deal with the issue of no insurance. They won't have time to waste reading through all the accident stuff and cross-examining everyone. They're not interested.
    • Poppy9
    • By Poppy9 18th Nov 08, 8:23 AM
    • 17,988 Posts
    • 22,279 Thanks
    Poppy9
    Just to say she had a court summons last week. Not surprised but a little bemused by the other drivers statement. My dd's statement was about 2 small paragraphs as the policeman just asked her direct questions re the insurance. However his statement was 2 pages long and consisted of all the words my DD and I spoke to him. He said she admitted the accident was her fault when we visited him at home ( not true) which does not really tally with the fact that his insurers paid for her damage after just one phone call. She did not even have to fill in a claim form. She will be going to court even if just to refute his statement!!
    Originally posted by rose28454
    If I remember rightly didn't you say in earlier posts you spoke to him about your DD not being insured and offered to pay for the damage in the hope he wouldn't report the matter? Is this why his statement is relevant?
    ~Laugh and the world laughs with you, weep and you weep alone.~
    • Quentin
    • By Quentin 18th Nov 08, 8:34 AM
    • 40,482 Posts
    • 24,550 Thanks
    Quentin
    Good memory!

    Well we called him this morning and told him her policy had expired and offered to pay for the damages ourselves and he said he could not do that as his wife is a policeman..
    Originally posted by rose28454
    So this was either admitting liability, or attempting bribery! You choose!
    Last edited by Quentin; 18-11-2008 at 11:45 AM.
    • rose28454
    • By rose28454 18th Nov 08, 9:26 AM
    • 4,730 Posts
    • 47,739 Thanks
    rose28454
    If I remember rightly didn't you say in earlier posts you spoke to him about your DD not being insured and offered to pay for the damage in the hope he wouldn't report the matter? Is this why his statement is relevant?
    Originally posted by Poppy9
    No I called him and said as she was not insured maybe we had better settle without the insurers being involved. I obviously hoped he would not report it but he did which he is entitled to do but saying she admitted liability is a lie and surely you should not lie to the police. When the policeman interviewed my daughter she told him about all our conversations with the other driver but her statement is short and just basically says she admits not being insured at the time of the accident although she was not aware of it at the time. She did not lie to the police! We are off to a solicitor this norning for advice that will not include abuse!
    • rose28454
    • By rose28454 18th Nov 08, 9:28 AM
    • 4,730 Posts
    • 47,739 Thanks
    rose28454
    Good memory!



    So this was either admitting liability, or attempting blackmail! You choose!
    Originally posted by Quentin
    She did not cause the accident nor did she try to blackmail anyone. Perhaps people on her could not be so abusive. Final post on this matter no matter what muck is not thrown.
    • Quentin
    • By Quentin 18th Nov 08, 9:45 AM
    • 40,482 Posts
    • 24,550 Thanks
    Quentin
    There was no abuse whatsoever in the post you quote. Though attempting "bribery" is more appropriate than "blackmail".

    Why would she offer to pay his damages if she felt he was responsible for the accident if not to stop the offence of her driving uninsured being reported?
    Last edited by Quentin; 18-11-2008 at 11:46 AM.
  • Olly1
    Rose, I am not having a go at you on here as can understand why you are sticking up for your daughter - you are a mother and thats your job - I am sure many others would do the same. I think however that some of the hostility has occured due to you implying in earlier threads that this was the insurance companies fault (they had cancelled her insurance) and not the fault of your daughter who really should have ensured her insurance was valid before getting in a car. Also you then said you suspected the other driver was drunk or on drugs etc again instead of just saying - yes, the other person caused the accident but your daughter should not have been on the road. I think its clear the accident appears to be the other drivers fault (from the information given on here) however this does not change the fact that your daughter was uninsured and yes, the other driver does probably feel angry about it - as I am sure most people would - he probably feels the accident was at least part your daughters fault (not saying it was but when things happen quickly quite often people suspect the other party did something wrong too), he will have lost his no-claims discount possibly and his insurance will probably rise due to paying out for his and your daughters cars damage. And on top of all this he knows your daughter was uninsured yet now has the money for a shiney newer car from all this. Again I understand the accident was not her fault but personal feelings aside I think most people would be angry at this and want some kind of retribution. I have never shopped anyone for any illegal activity but if I was in an accident with an uninsured driver (regardless of fault) and then my company paid them for repairs etc I too think I would contact the police about the non-insurance and be pushing for some kind of fine/points. Truthfully if the situation were reversed and your daughter was the insured one who had just paid out then you too would be angry if the other driver was uninsured. Like I said, not having a go at you but you are obviously biaised in your outlook on this as it involves your daughter - step outside the situation and you will see why so many people are angry at your feeling that this other driver is wrong in wanting some kind of justice.

    Too many people are killed or hurt by uninsured drivers and all properly insured drivers are paying the cost for this. I hope your daughter has learnt her lesson and I bet she is pleased that at least the other driver wasn't also uninsured otherwise she may not have a car at all now.
    • shelly
    • By shelly 18th Nov 08, 12:17 PM
    • 6,323 Posts
    • 12,331 Thanks
    shelly
    Final post on this matter no matter what muck is not thrown.
    Originally posted by rose28454

    Promise? You said pretty much the same last night, then deleted it and carried on
  • gaz_jones
    I hope you do carry on posting rose because I truely am interested as to the outcome. When abouts is the court case?


    Where do you live? Maybe if i buy a local paper it'll be on the front page?
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

138Posts Today

1,755Users online

Martin's Twitter