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Can anyone help me? Non fault RTA involving a young woman who has undeclared points

(18 Posts)

for the back story see my thread in chat

here

She just phoned to say that as she has undeclared points, she may lose her license and her insurance will be void. where do i stand?

FifiLeBoo Mon 17-Mar-14 14:32:56

Well now you know why she didn't want to go through insurance. I think you need to spek to your insurance company, she will be in trouble fr not declaring the points but you need to cover yourself you can't be worried about her.

ButEmilylovedhim Mon 17-Mar-14 14:40:22

Hi fish, I've read been reading your other thread. Are you sure it was a non-fault accident? I thought she went into the back of your car so surely her fault? I would phone your insurers and tell them about the undeclared points, then they can sort it out with her insurers. She mustn't be a great driver putting all these things together. I would not answer any more calls from her and would get the police involved if she keeps hassling you. Sorry you have to go through this and I hope the whiplash resolves quickly.

Disclaimer: I have no legal knowledge, this is just what I would do.

TensionWheelsCoolHeels Mon 17-Mar-14 14:45:11

Fish her undeclared points are not your problem. She's given misleading information to her insurer and they will charge her for the additional premium, or even cancel her policy/void it if they are serious convictions. Honestly, you really can't take responsibility for her actions. You could argue that if she had these undeclared convictions she should have been more careful in her driving so as to avoid this very situation. She may well have convictions relating to her poor/careless driving, and she still couldn't avoid hitting you.

You can't do anything for her. She'll need to face up to this and deal with it herself.

TensionWheelsCoolHeels Mon 17-Mar-14 14:46:30

Oh and unless the police intend to charge her in relation to your acc, she won't 'lose her licence' at all. She's laying it on thick here. Just detach and tell her to deal with your ins co from now on.

TensionWheelsCoolHeels Mon 17-Mar-14 14:48:28

Sorry, I should also add, if her policy is void, your claim is still covered so don't worry about that.

i meant non fault as in it wasn't my fault!

OddFodd Mon 17-Mar-14 14:51:09

She may have 12 points in which case she shouldn't be driving at all!

Go through your insurers and text her to say if she calls again you will contact the police. It was nice of you to try and cut her a break but that's no longer a sensible strategy.

And my sister had a similar accident last year but is now fine after physio so you may not get lasting damage from the whiplash (just in case some of the posts are scaring you!)

DinoSnores Mon 17-Mar-14 14:58:39

You need to go through your insurers. It is all getting increasingly dodgy.

specialsubject Mon 17-Mar-14 14:59:33

GO THROUGH THE INSURERS. I believe that her insurers are compelled to pay your third party claim regardless of her lies. You may also have uninsured driver cover.

if she ran into the back of you it is her fault. 100%. Cut and dried.

ignore her whining and pleading. Hopefully this will get her off the road because she clearly isn't going to learn any other way.

if she calls again, refer her to the insurers. Do not say anything else.

HotDogHotDogHotDiggityDog Mon 17-Mar-14 15:05:03

First thing to do is block her number. You do not have to deal with her at all. Leave that with the police and your insurance company.

My ex was hit by an uninsured driver recently and the car was a write off. His insurance company still paid out for a new car but the issue is still ongoing.

Turns out the other driver has many other driving convictions and is looking at a custodial sentence.

Do not talk to her anymore.

HotDogHotDogHotDiggityDog Mon 17-Mar-14 15:07:10

I should also add, my DM was involved in a 50/50 fault last year with a cyclist. He harassed her by phone for weeks afterwards, trying to get her to pay for a new bike.

Police and insurance company advised to block his number and let them deal with it.

wanderings Mon 17-Mar-14 15:10:20

Let the insurers, the police and (if necessary) the courts throw the book at her.

Let them take her off the road, where she belongs.

People like her are the reason the rest of us pay so much for insurance!!!!!!!!

Allthegoodusernamesaretaken Mon 17-Mar-14 15:51:27

In the nicest possible way, you are massively over-thinking this. You've done the right thing by starting an insurance claim, so just put it to the back of your mind and let the insurers sort it out, after all, that's what they're paid to do. It is upsetting to be involved in an RTA that isn't your fault (I speak from experience) but there is nothing to be gained by giving this woman any more headspace. Whatever happens to her, with regards to repairing her vehicle, losing her licence etc. it is not your fault!

Either block her number or ignore her calls, if she tries ringing you on another number just hang up - you are under no obligation to enter into dialogue with her. If she does persist then I agree with previous posters - report to the police and also mention it to your insurers.

A word of advise to all motorists - if you are involved in an incident with another vehicle, the ONLY information you are legally obliged to give them is your licence plate number. You do not have to give your phone number, name or address.

LIZS Mon 17-Mar-14 16:03:14

The poor girl who hit me is in bits - I talked her down but shes in a mess, shes begging me. She swears i wasn't hurt. I didn't think so either, but I am poor, kid my heart goes out to her but I have to do this the right way.Think i should phone the police and tell them she keeps texting and ringing?

She knows that she has flouted the terms of her policy and is effectively uninsured. Did the policeman do a vehicle check , almost certainly it would have flagged up the situation re. her licence. Unless they are going to charge her she won't get any more points or lose her licence. If she has points already she should take more care not think she can sweet talk or bully her way round the victims.

specialsubject Mon 17-Mar-14 16:49:43

'poor kid'????

driving is for grown-ups. Perhaps this will make her grow up.

bad drivers can KILL. No sympathy for her at all.

it;s all a mess. Because she insured by the same company as me and they cant get hold of her now, it's going to be a claim against my policy-my excess.

The car is very close to being written off as well. The body work estimate alone is over 1000-the car is only worth about 2000. the mechanic hasn't done his bit yet.

i'm furious-I could happily smack the "poor kid" in the head! GHRRRR

Nicknacky Wed 19-Mar-14 18:40:00

Allthegood....that advice is incorrect, if you are involved in a traffic collision you MUST provide the name and address of the driver and owner (if different) and the vehicle registration mark.

Giving the number plate only does not fulfil your obligations. It's covered under section 170 Road Traffic Act. It makes no mention of providing insurance details however you must if injury is caused.

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