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    • Jsuk
    • By Jsuk 16th Apr 19, 8:01 PM
    • 19Posts
    • 1Thanks
    Jsuk
    Accident without insurance
    • #1
    • 16th Apr 19, 8:01 PM
    Accident without insurance 16th Apr 19 at 8:01 PM
    I was in a car accident which was not my fault (it was actually a hit and run, although the other driver was arrested around the corner), I was driving a friend's car and as I have fully comp insurance I thought I was covered (silly mistake I know!!). Me and my wife were both injured, I have a no win no fee solicitor working on the personal injury claims but am paying to have my friend's car fixed out of my own pocket as my insurance company won't help me. Is there a way I can claim the costs of getting my friend's car fixed from the other drivers insurance? (I am getting fined by the police and points on my licence for driving without the correct insurance)
Page 1
    • Aylesbury Duck
    • By Aylesbury Duck 16th Apr 19, 8:04 PM
    • 3,475 Posts
    • 4,691 Thanks
    Aylesbury Duck
    • #2
    • 16th Apr 19, 8:04 PM
    • #2
    • 16th Apr 19, 8:04 PM
    I was in a car accident which was not my fault (it was actually a hit and run, although the other driver was arrested around the corner), I was driving a friend's car and as I have fully comp insurance I thought I was covered (silly mistake I know!!). Me and my wife were both injured, I have a no win no fee solicitor working on the personal injury claims but am paying to have my friend's car fixed out of my own pocket as my insurance company won't help me. Is there a way I can claim the costs of getting my friend's car fixed from the other drivers insurance? (I am getting fined by the police and points on my licence for driving without the correct insurance)
    Originally posted by Jsuk
    Can't your friend claim for his car's damage on the other party's insurance if the other party was at fault?
    • Jsuk
    • By Jsuk 16th Apr 19, 8:18 PM
    • 19 Posts
    • 1 Thanks
    Jsuk
    • #3
    • 16th Apr 19, 8:18 PM
    • #3
    • 16th Apr 19, 8:18 PM
    Perhaps but how? his insurance won't help (he has a traders policy) he put the responsibility on to me (fair enough) so is am paying to get it fixed, would I/him need a solicitor to talk to the third partys insurance? Thanks
    • Jsuk
    • By Jsuk 16th Apr 19, 8:22 PM
    • 19 Posts
    • 1 Thanks
    Jsuk
    • #4
    • 16th Apr 19, 8:22 PM
    • #4
    • 16th Apr 19, 8:22 PM
    I have to wait 3 months for the outcome on the personal injury claims as he has not admitted liability, however the solicitor making the personal injury claim says it is very unlikely he will not be found liable. Should I wait and make sure he is found liable and then take him to small claims or ask a solicitor to claim from his insurance once I know he has been legally found at fault?
    • Aylesbury Duck
    • By Aylesbury Duck 16th Apr 19, 8:42 PM
    • 3,475 Posts
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    Aylesbury Duck
    • #5
    • 16th Apr 19, 8:42 PM
    • #5
    • 16th Apr 19, 8:42 PM
    Sounds a complete mess and beyond my knowledge of how these things are handled. If you've already engaged legal support, best ask them.
    • Nikond4
    • By Nikond4 16th Apr 19, 8:42 PM
    • 10 Posts
    • 2 Thanks
    Nikond4
    • #6
    • 16th Apr 19, 8:42 PM
    • #6
    • 16th Apr 19, 8:42 PM
    Why were you not covered by having fully comp insurance?
    • Aylesbury Duck
    • By Aylesbury Duck 16th Apr 19, 8:48 PM
    • 3,475 Posts
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    Aylesbury Duck
    • #7
    • 16th Apr 19, 8:48 PM
    • #7
    • 16th Apr 19, 8:48 PM
    Why were you not covered by having fully comp insurance?
    Originally posted by Nikond4
    Having fully comp doesn't necessarily mean you're covered on someone else's vehicle. Some policies include it, others don't.
    • soolin
    • By soolin 16th Apr 19, 9:23 PM
    • 61,890 Posts
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    soolin
    • #8
    • 16th Apr 19, 9:23 PM
    • #8
    • 16th Apr 19, 9:23 PM
    Why were you not covered by having fully comp insurance?
    Originally posted by Nikond4
    Why would having fully comp suggest a driver is automatically covered to drive other vehicles? It is best never to make assumptions about insurance, always check your own insurance carefully and don't rely on what someone once said somewhere on a forum you once came across.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
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    • Jsuk
    • By Jsuk 16th Apr 19, 9:27 PM
    • 19 Posts
    • 1 Thanks
    Jsuk
    • #9
    • 16th Apr 19, 9:27 PM
    • #9
    • 16th Apr 19, 9:27 PM
    Why were you not covered by having fully comp insurance?
    Originally posted by Nikond4
    It used to be ALL fully comp insurance covered driving any other car, that changed, my situation was the insurance policy rolled over and I forgot to check it was still on the policy. Daft I know and yes a complete mess. Especially the fine and points on my (up until now clean) license 😣
    • missile
    • By missile 16th Apr 19, 9:30 PM
    • 10,014 Posts
    • 5,084 Thanks
    missile
    It used to be ALL fully comp insurance covered driving any other car
    Originally posted by Jsuk
    Many did, but I don't think All?
    Last edited by missile; 16-04-2019 at 9:33 PM.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • Aylesbury Duck
    • By Aylesbury Duck 16th Apr 19, 9:33 PM
    • 3,475 Posts
    • 4,691 Thanks
    Aylesbury Duck
    Not all policies did. Most did but it’s always been the case you need to check. It’s a case of people not reading the cover summary document or booklet. The full terms and conditions can be a dull read but the policy summary contains all you need to know.
    • debtdebt
    • By debtdebt 16th Apr 19, 9:40 PM
    • 801 Posts
    • 536 Thanks
    debtdebt
    Your friend needs to pursue the driver or insurers of the third party vehicle to seek recovery of the repair costs.

    Apart from being uninsured, you weren't the negligent party.

    The damage to the vehicle you were driving is your friend's loss as it was his car. Your friend can't hold you responsible as you weren't at fault for the accident. He has to go after the third party driver.
    • Car 54
    • By Car 54 16th Apr 19, 10:22 PM
    • 3,969 Posts
    • 2,477 Thanks
    Car 54
    It used to be ALL fully comp insurance covered driving any other car, that changed, my situation was the insurance policy rolled over and I forgot to check it was still on the policy. Daft I know and yes a complete mess. Especially the fine and points on my (up until now clean) license 😣
    Originally posted by Jsuk
    Even if your policy had DOC cover, it would have been third-party only, so the damage to your friendís car would not have been covered.
    • macman
    • By macman 17th Apr 19, 1:28 AM
    • 43,248 Posts
    • 18,421 Thanks
    macman
    Correct. And, since the OP is being prosecuted for driving without insurance, we know that his policy didn't offer 3rd party cover for other vehicles.
    No free lunch, and no free laptop
    • slinga
    • By slinga 17th Apr 19, 1:49 AM
    • 1,304 Posts
    • 295 Thanks
    slinga
    Isn't it the case that if you get permission to drive a friend's car then you are covered by his insurance, Third Party at least??
    It's your money. Except if it's the governments.
    • Smellyonion
    • By Smellyonion 17th Apr 19, 5:45 AM
    • 165 Posts
    • 107 Thanks
    Smellyonion
    Being fully comp and having the insurance to drive other cars would still not have covered the loss to your frirnds vehicle considering they are third party only.
    • Car 54
    • By Car 54 17th Apr 19, 5:45 AM
    • 3,969 Posts
    • 2,477 Thanks
    Car 54
    Isn't it the case that if you get permission to drive a friend's car then you are covered by his insurance, Third Party at least??
    Originally posted by slinga
    No. Not unless he has an "any driver" policy, which is extremely unlikely, unless your pal is a millionaire.
    • Tarambor
    • By Tarambor 17th Apr 19, 6:06 AM
    • 4,872 Posts
    • 3,800 Thanks
    Tarambor
    Isn't it the case that if you get permission to drive a friend's car then you are covered by his insurance, Third Party at least??
    Originally posted by slinga
    Only if you are a named driver on their policy.

    Back to the original point.....

    The owner of the car needs to make a claim against the person who did the hit and run. The fact the car was being driven uninsured is neither here nor there. So the way it could pan out is you cover the cost of the repairs, your friend gives you back the money when they get a payout.
    • Aretnap
    • By Aretnap 17th Apr 19, 7:22 AM
    • 3,263 Posts
    • 2,859 Thanks
    Aretnap
    Your friend needs to pursue the driver or insurers of the third party vehicle to seek recovery of the repair costs.

    Apart from being uninsured, you weren't the negligent party.

    The damage to the vehicle you were driving is your friend's loss as it was his car. Your friend can't hold you responsible as you weren't at fault for the accident. He has to go after the third party driver.
    Originally posted by debtdebt
    What makes you think that the OP's friend can't hold him responsible for the damage? The law around bailments (ie taking possession of someone else's property without taking ownership of it) is somewhat complex, however my understanding is that the starting point is that the bailee is generally strictly liable for any damage which occurs while the property is in his possession. Negligence didn't come into it. So unless they agreed otherwise the OP needs to make good the damage to the car, and can in turn claim from the other driver (or his insurer).

    Alternatively the cars owner could claim directly from the other driver of he prefers... however if the OP already has a solicitor dealing with the personal injury aspect I'd suggest that the first thing to try is asking if the solicitor can also deal with the claim for damage to the car.
    • soolin
    • By soolin 17th Apr 19, 7:40 AM
    • 61,890 Posts
    • 44,360 Thanks
    soolin
    Isn't it the case that if you get permission to drive a friend's car then you are covered by his insurance, Third Party at least??
    Originally posted by slinga
    Be careful with this sort of misinformation, what might be a genuine query often turns into someone believing it to be the case and acting on it. As with all insurance it never pays to guess the situation, as has been mentioned earlier only your own policy can tell you whether you are insured, and also on what basis.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
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