Uninsured Lady Driver

[molegti]

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

They might just do that, the usual practice is if they find an insurer who should deal they right to them and ask them to do so. The problem is the insurer isn't obligated to deal until judgement has been obtained so you may still have to do this.

I'd day try the insurer again, inform them you are aware they are obligated to settle the claim under the Road Traffic Act 1988. Ask if they require you to obtain judgement. If this doesn't work you can try the MIB and see if that pursuades the insurer to deal, trouble is it takes a while and you may have to make good on your threat anyway.

If you have to issue proceedings write to them enclosing and estimate and asking for reimbursement giving them notice of your intention to issue proceedings pursuant to Section 151 of the Road Traffic Act 1988. You can they issue a claim under money claim online (against the driver) and her insurer will need to settle the judgement.

I appreciate this is an odd one for a first post but the irony is had you been injured and represented by a solicitor your repairs would be settled by now to prevent escalating costs. Problem you have is because its repairs and its less than £5000 no solicitor will be interested as they can't recover costs. That being said, do you have legal cover with your own insurers or through membership of a union, they may help.

 

[tigler]

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.

Do just that then, see how she reacts when she gets a judgement against her and the bailiffs come knocking for the money !! That attitude gives me the rage

 

[molegti]

Do just that then, see how she reacts when she gets a judgement against her and the bailiffs come knocking for the money !! That attitude gives me the rage

Her insurers will pay the judgement as long as you give notice. Then they can send the bailiffs round.

 

[tigler]

I hate that single parent plea, it's like they think it's a get out of jail free card !! One of the reasons this country has so many social problems is children being raised in these circumstances. There should be baby licences !!

 

[CRB]

Something I have always, 30 years, wondered is that there is never a reason to produce a valid insurance certificate unless you are in an accident.

Buy a supercar, or a banger, and you can drive out of the showroom, I think. I certainly was not asked for proof on the one time I bought a car.

Re-taxing a vehicle, registration document only.

MOT, nothing, just the vehicle.

These government run hoops do not take into account the fact that insurance is a legal requirement. You would think they may have cottoned onto that by now. Linking them together would surely be a simple matter.

Too many people think that the use of a car is a right, whether they can afford it or not. We have just bought a VW LT after two years without, and a number of years prior with a car which was rarely used. Public transport mainly, even now.

Not all on topic, but it is always those who play fair that are shafted by the 'rules'.

Fairness does not enter modern life, sadly.

 

[TechnicAl]

Something I have always, 30 years, wondered is that there is never a reason to produce a valid insurance certificate unless you are in an accident.

Buy a supercar, or a banger, and you can drive out of the showroom, I think. I certainly was not asked for proof on the one time I bought a car.

Re-taxing a vehicle, registration document only.

MOT, nothing, just the vehicle.

These government run hoops do not take into account the fact that insurance is a legal requirement. You would think they may have cottoned onto that by now. Linking them together would surely be a simple matter.

Too many people think that the use of a car is a right, whether they can afford it or not. We have just bought a VW LT after two years without, and a number of years prior with a car which was rarely used. Public transport mainly, even now.

Not all on topic, but it is always those who play fair that are shafted by the 'rules'.

Fairness does not enter modern life, sadly.

If you tax it on the Internet they run a check to make sure you have a MOT and valid insurance (well if the registration number is insured)
You dont really get a MOT cert anymore

 

[tigler]

Yup, a car can't be taxed, either online or at a post office without insurance and an MOT.
Then there is the dreaded ANPR camera, drive past a fixed one or a mobile one in a cop car and it will alert and get you stopped. If valid insurance, MOT and VEL isn't on the vehicle it will be confiscated. I think the cops are stopping and taking about 5000 uninsured, taxed or MOT's cars a week !! And of course it detects unlicensed drivers.
Then of course a vehicle must either be insured or declared SORN now, so another trap for the dodgy !

 

[rtbcomp]

Given that she was delivering catalogues, I wonder how many other uninsured drivers there are who don't realise they're uninsured? Pizza, Phone book deliveries and so on.

 

[penfold]

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.

What he said; do you have legal cover/assistance as part of your policy? Get on to them.

 

[Robotstar5]

Now that it's been a few hours, you have probably realised you are suffering from whiplash caused by the accident get one of the "ambulance chasing" legal firms involved?

I had a lady driver pull out of a side road across the front of my Land Rover, my front tow hitch near enough ripped the side out of her car, she phoned me a few days later to tell me which garage to send the cheque for the repairs to! - the damage to my car was considerable, I had to turn the plastic tow hitch cover round to hide the crack caused by the accident

 

[Robotstar5]

Given that she was delivering catalogues, I wonder how many other uninsured drivers there are who don't realise they're uninsured? Pizza, Phone book deliveries and so on.

There was one on TV where police stopped a woman and found she was taking sandwiches made at home to sell in her shop - booked for no insurance as only SDP

 

[KemppiFrog]

Had a woman pull out of a minor road onto the main road I was traveling down, at night. She saw a gap in the traffic on her side and just did it. I was in a convertable and had the choice of oncoming traffic or a row of trees. So went in the back of her. Both cars scrapped. Her engine in the back seat. I helped the police tidy up as they were short handed and they gave me a lift to thec station (this was a while back) As we got her into the ambulance, she said to please not tell her husband..... I quizzed the PCs and they had cleared up another-write off of hers a week before. The police did her for careless driving. But guess what? I had to sue her for the value of my car. My lot said not to accept an offer at less than 95% or the opposition would come after me for a share of her loss (new car after the previous mess) They dropped it the morning of the court case. Of course, it was book value I got, not the real value of the recently restored and modified Alpine.
KF
Curiously, around here, anybody who has a licence and is over 21 can drive any of my cars without extra cover. I gather that even the guy who nicks it is covered. If under 21, I need to tell them.

 

[madkayaker]

Now that it's been a few hours, you have probably realised you are suffering from whiplash caused by the accident get one of the "ambulance chasing" legal firms involved?

I had a lady driver pull out of a side road across the front of my Land Rover, my front tow hitch near enough ripped the side out of her car, she phoned me a few days later to tell me which garage to send the cheque for the repairs to! - the damage to my car was considerable, I had to turn the plastic tow hitch cover round to hide the crack caused by the accident

Hope you claimed for the cover

 

[penfold]

Curiously, around here, anybody who has a licence and is over 21 can drive any of my cars without extra cover. I gather that even the guy who nicks it is covered. If under 21, I need to tell them.

Is that a complaint or an invitation to come and have a jolly in your garage?

 

[tigler]

Curiously, around here, anybody who has a licence and is over 21 can drive any of my cars without extra cover. I gather that even the guy who nicks it is covered. If under 21, I need to tell them.

How very civilised !! I've always fancied moving to France !

 

[octo0072000]

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.

fixed penalty for no insurance is 6 points for starters as far as i am aware

 

[stormin]

Have you actually spoken to your insurer? Is it them who a refusing to persue a claim?
Whatch out that her insurer isnt the same as yours even if under a different name.
I had lots of trouble with a claim after my insurer Direct Line didnt seem particularly bothered with persuing a claim against the other party insured with Churchill. Seems that both are Royal Bank of Scotland companies so reduced incentive to claim off their own parent company. Repairs to my car wheren't upto scratch either. You guessed it the body shop was also owned by Royal Bank of Scotland.

 

[hotrodder]

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.

Seriously, plod don't have a ******* clue about the law half the time. Dunno what flavour solicitor you spoke to but unless they specialised in motoring law they'd be about as useful as, say, going to your GP or a cardioligist with a broken leg.

Several of us have already pointed out relevant parts of The Road Traffic act which prevent insurers from 'voiding' cover with respect to third parties. She took out the wrong insurance, an insurance policy is a contract of utmost good faith. Dunno and don't care if it was a mistake on her part or intentional but that doesn't (or shouldn't) matter as while her policy may be void the road traffic act part isn't. Her insurance company should pay out for your damages and because she lied to them are free to pursue her for their costs.

The MIB is a last resort as said. They get involved when there really is no insurance/none can be identified... my car gets knicked and the thief cripples someone with it. If the thief flees the scene leaving my car behind MY insurance pays. This is why i'm legally obliged to have a min of 3rd party insurance for EACH car i own that's used on the road. If it was a hit and run and the thief and my car were unidentified the MIB gets involved and we all pay

Plod recover a stolen car and pass their insurance bill to the owner... http://www.telegraph.co.uk/news/uknews/2403837/Motorist-facing-police-insurance-bill-for-damage-caused-by-car-thief.html
A scenario from a no win no fee bottom feeder... http://www.theinjurylawyers.co.uk/injury-lawyers-blog/2009/07/03/injured-stolen-car-still-claim/

She is NOT uninsured, she's improperly insured which lets her insurer avoid some of the policy but not the legal min 'road traffic act' cover

 

[penfold]

It may be advisable if your insurance company drags its heels to bring in a claim management company; yes, some of them are bottom feeders, but there are legitimate ones who do a necessary job. A friend had a similarly awkward situation resolved by Europa; other claims twiddlers are available.

 

[Pete.]

As People have said - the woman's insurance company can't wriggle out of covering your losses even if she has voided her insurance. They can, most likely will, chase her to recover what they have to pay out to you but they have to answer your claim. Most likely they realise they aren't going to get any money out of her and are trying it on.

My neighbour let someone use his motor who was too young to be covered by the company policy. The lad wiped out the car and a section of motorway barrier. They told him to go whistle for the cost of the car, paid for the motorway repairs then sent him a bill for 30 grand.