Drink Driving / Accident and Recovery of Third party claim Insurance

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griffiths1971
griffiths1971 Posts: 9 Forumite
in Insurance & life assurance
I was convicted of DD on 7th September, after I crashed into a parked car on 12th August, I'd had a bad reaction to taking anti-depressant medication, and mixing it with alcohol, I have no recollection of the accident, and up until that point had never made an insurance claim & had always had a clean licence. I have been banned for 17 months, and received a large fine. My insurance company Sheila's wheels were informed straight away and I was told that my own vehicle was not covered (it was an old Zafira and only worth £325), but the other car would be covered by third party insurance. Yesterday I received a letter from them saying they were pursuing the full amount of the claim from me (the other car was quite a new Volvo and was written off), I am a single Mum, earning £22k per year. I just can't understand why initially said they would definiately not be pursuing the claim and then I receive this letter, with a Mandate of Indemity with it? Any advice would be very welcome please? How legally binding is this? Ive checked the small print of the policy and it says that they "reserve the right to recover all sums paid to any third party".
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  • Cotta
    Cotta Posts: 3,667 Forumite
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    If you are found to be drink driving your insurance automatically becomes void.
  • griffiths1971
    griffiths1971 Posts: 9 Forumite
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    Cotta wrote: »
    If you are found to be drink driving your insurance automatically becomes void.

    I thought this was just your own car & not the third party claim from the other car owner
  • lewishardwick
    lewishardwick Posts: 679 Forumite
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    Check the Terms & Conditions of your insurance policy.

    For instance, my insurer, Admiral, state the following:

    If an accident happens whilst you or any person entitled to drive under
    Section 3 of your current Certificate of Motor Insurance:
    Ÿ is found to be over the legal limit for alcohol or drugs
    Ÿ is driving whilst unfit through drink or drugs, whether prescribed
    or otherwise
    Ÿ fails to provide a sample of breath, blood or urine when required to
    do so, without lawful reason
    No cover under the policy will be provided and instead, liability will be
    restricted to meeting the obligations as required by Road Traffic law. In those
    circumstances, we will recover from you or the driver, all sums paid (including
    all legal costs), whether in settlement or under a Judgment, of any claim arising
    from the accident. See ‘Your Car Insurance Guide’ General Conditions (11).

    Sorry!
  • lewishardwick
    lewishardwick Posts: 679 Forumite
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    Maybe CAB can help. Also, you may need to consider a payment plan to clear the debt if they intend to pursue you.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
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    lewishardwick wrote: »
    Maybe CAB can help. Also, you may need to consider a payment plan to clear the debt if they intend to pursue you.


    On £22k per year and paying for replacement of a brand new Volvo that's going to be some serious repayment plan :eek:

    But never mind - it's the fault of the alcohol/anti-depressant manufacturers
  • Retrogamer
    Retrogamer Posts: 4,215 Forumite
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    griffiths1971 wrote: »
    I thought this was just your own car & not the third party claim from the other car owner

    That's right. They will still pay out to the third party but because you were willfully negligent then they can recover the costs back from you.
    All your base are belong to us.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 15 September 2017 at 9:33AM
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    Your OP says they told you that they would deal with the third party (not that they would "definitely not" be pursuing you).


    If you were told "definitely" you would not be pursued then you may have grounds for complaint - when they told you that did they know about the court case you faced?


    Maybe your recent conviction has meant all previous discussions are now off the table!
  • paddyandstumpy
    paddyandstumpy Posts: 1,486 Forumite
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    They will always ask for a recovery, but they will normally only push for a recovery if they believe you have means to pay.

    Don't bury your head on this and hope it will go away (not suggesting you would), but have a frank discussion with them and explain your financial situation.

    Fundamentally if they push for it and you can't afford it, if you declared bankruptcy (again, not suggesting you should!!) then they are no better off as they definitely won't get anything!
  • tenchy
    tenchy Posts: 486 Forumite
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    k3lvc wrote: »
    On £22k per year and paying for replacement of a brand new Volvo that's going to be some serious repayment plan :eek:

    But never mind - it's the fault of the alcohol/anti-depressant manufacturers


    You always get one, don't you? Isn't there some other forum or board where users can make sanctimonious remarks without bothering anyone else?
  • k3lvc
    k3lvc Posts: 4,174 Forumite
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    tenchy wrote: »
    You always get one, don't you? Isn't there some other forum or board where users can make sanctimonious remarks without bothering anyone else?


    Indeed and it's me this time - maybe if the OP hadn't tried to justify/explain it away I wouldn't have commented


    I'll take 'sanctimonious' over scraping body parts off the floor any day of the week
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