Uninsured Lady Driver

[Dave Sherwood]

Going to MM in warrington, I had the misfortune for a LADY driver to reverse out of her driveway into the side of my vehicle as I was passing. Behind me was a Police vehicle,lucky you migh think. Well I stopped and the police vehicle stopped and they spoke to her and after some time the came over to me and informed me that she was an uninsured driver. It seems that she was a Catalogue delivery driver and only had normal SDP insurance and not trade so her insurance was void. After weeks of wrangling with her insurers they refuse to pay because she was using her vehicle for business purposes. Now if the Police vehicle had not been there she would have just notified her
insurance as a normal accident and I would have been paid out, but as it is I get nothing unles I take a private action against her.

Any suggestions about claiming would be helpful. A solicitor I spoke to said it could cost me more in Legal fees than the cost of Repairs. Repairs estimated at £1234.00.
Dave.

 

[CRB]

UN****ing believable. Cannot help, but feel for you DS.

Just remembered Highway Code 201

Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can.

It is not backed by law though.

 

[Chipper]

Not good... The MIB springs to mind, a couple of friends had to resort to them after being hit by uninsured drivers, both were hit & runs. Seem to recall at least one was well paid out (as in, the amount was what he needed or fairly close to it), but both took a long while.

 

[W4yne]

Yes that is this Countries "pathetic, archaic, draconian" judicial system for you. The same goes with the "toe-rags" that take other's vehicles, crashing causing damage and often fatalities. You can't make a claim against them either having no insurance, they may get sentenced and receive community service, or in the case of death, It's only death caused by reckless driving which may carry a sentence of 5 years, out after 2 with good behavior.

 

[hotrodder]

She wasn't uninsured, she had the wrong insurance/insufficient cover/is defrauding her insurance company. They can refuse to pay her (the comprehensive part of the policy) but you're the third party, the road traffic act has an entire section laying out insurers obligations to third parties. Full road traffic act here, scroll down to section 6, third party liabilities. A slightly less legalese version here, stick '148' in the search box... google docs What does your insurer say? The MIB shouldn't apply here as the driver has been identifyed and had insurance (albeit the wrong sort). [/not a lawyer or insurance expert]
Some on pepipoo though, search there for '3rd party section 148'

 

[CompoSimmonite]

She wasn't uninsured, she had the wrong insurance/insufficient cover/is defrauding her insurance company. They can refuse to pay her (the comprehensive part of the policy) but you're the third party, the road traffic act has an entire section laying out insurers obligations to third parties. Full road traffic act here, scroll down to section 6, third party liabilities. A slightly less legalese version here, stick '148' in the search box... google docs What does your insurer say? The MIB shouldn't apply here as the driver has been identifyed and had insurance (albeit the wrong sort). [/not a lawyer or insurance expert]
Some on pepipoo though, search there for '3rd party section 148'

This is basically what i was going to say (although not as eloquently )
The "other party" will have the fully comp aspect of their insurance invalidated but not the third party.

Why aren't your insurers pursuing ? Normally they pay for the repairs to your vehicle and then take action against the other party.
Or do you just have third party insurance yourself ?

Paul H

 

[tigler]

A similar thing happened to my Father some years ago, a foreign truck hit him in the side at a motorway merge in heavy traffic, there was a cop car behind and saw the whole incident. They took details from both parties and my father thought that would be that, the truck companies insurance would be paying. Ha! My fathers insurance company advised him that they couldn't contact the company or the driver with the details given, and, the Police refused to act as a witness !!!!!!!!!
So he ended up having to make a claim against his own insurance and take the excess and partial loss of no claims bonus !!

In this case is it not possible to make a claim to the fund that compensates victims of uninsured drivers ?

 

[Chipper]

^ that's what I referred to, the MIB. Depends on their remit though.

Can't see that she's defrauding her ins co. She's just not paid for a certain cover. She then chose to do business driving, for which she just isn't insured, there's no fraud there.

Does "has insurance but isn't covered in situation X" actually still leave some sort of liability with either insurance company? Even though she has no cover for what she did?

Or is it effectively having no insurance at all - seems the latter to me, but am also just a punter taking guesses.
I'm fairly sure (but guessing) if say I despatched on my bike insurance and had an accident, my insurance co would tell me to f off and wouldn't pay out a victim, because I have no insurance for that. Presumably the lawyer thinks the same otherwise it'd be a straightforward matter.

 

[Dave Sherwood]

HOTRODDER,The police officer informed me that she would be given a fixed penalty ticket for having NO insurance and by using it for business she made he policy void,thus NO insurance and for driving with undue care and attention. Her insurance company claims that while she had goods for delivery in her vehicle she was on business and this automatically voided her insurance because she only had the standard SDP policy.

 

[Drains]

I'm sure this won't help much (I'm not a solicitor!), but perhaps sending her a bill for the work might be somewhere to start, as it might be an expensive mistake to assume she won't pay (I'm assuming she's not already said she won't pay).

It's the case that she's responsible on all points, from her driving, to ensuring her insurance is valid, so she is at fault and owes you. Shame it's a civil issue re the dosh though. Do you know any bruisers who'll buy the debt off you? (That's a joke, but it's how the big boys work). If you do what they do you can of course send a letter in red ink informing her that the bill will just keep going up and up and eventually end up in court with all costs etc added. I have no idea if this is allowed, but it sounds like fun to me.

I imagine Dave you only have 3rd Party insurance. Again, not that it helps, but in recent years I've found the difference in cost between 3rd party and fully comp has been negligable - or even cheaper with fully comp (that's something for next time... sorry).

 

[tigler]

If all else fails, just make a claim in the county court against her. Difficult to see how she could wriggle out of it and it doesn't cost much.

 

[madkayaker]

I bet there is thousands of these make extra income in own time people driving around with no insurance as they don't have business use. Small claims court is the way to go I think or invoice he company and when she doesn't pay sell the debt to a debt collection company you would not get full amount but you would get something

 

[Drains]

How to claim against an uninsured driver

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Motorinsurance/DG_067639

Read the first link first - http://www.direct.gov.uk/prod_consu...n/@motor/documents/digitalasset/dg_068757.pdf

MIB page here

MIB phone number - 01908 830 001

If I were you, I'd phone them right now and have a chat. They'll probably be able to tell you if her insurers are trying to pull a fast one, and might even make waves on your behalf.

 

[molegti]

Her insurers are obligated to pay although you may have to sue her first. You can do that through money claim online. Once you obtain judgement send it to her insurers to reimburse.

Road Traffic Act 1988 section 151
(5)Notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy or security, he must, subject to the provisions of this section, pay to the persons entitled to the benefit of the judgment— .
(a)as regards liability in respect of death or bodily injury, any sum payable under the judgment in respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum, .
(b)as regards liability in respect of damage to property, any sum required to be paid under subsection (6) below, and .
(c)any amount payable in respect of costs.

 

[molegti]

The Motor Insurers Bureau wont pick it up. Their a fund of last resort so will only pay out if their is no one else, in this case her insurers should pay.

 

[Drains]

The Motor Insurers Bureau wont pick it up. Their a fund of last resort so will only pay out if their is no one else, in this case her insurers should pay.

I imagine if they'll put that in writing it might be useful. Bits of paper like that often help.

 

[rtbcomp]

Once again the law lets the victim down. Did she have her car confiscated?

I'm with Molegti on this one.

At least you've got a credible witness and the woman should have great difficulty in getting insured in future.

 

[TechnicAl]

The Motor Insurers Bureau wont pick it up. Their a fund of last resort so will only pay out if their is no one else, in this case her insurers should pay.

Heres me thinking MIB = Men In Black

I was imagining someone going round and "correcting the error"

 

[Dave Sherwood]

She has completly refused to pay, saying she is a single parent and cannot to pay me and the brazen lady told me to take her to court if I wanted. Why do people like this get away with only £150 for no insurance and another £40 fine for undue care.

 

[CRB]

^^^With you there too, to start with Al