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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Crashed in to an uninsured illegally parker car

31 replies

thebossof3 · 07/01/2016 19:40

This morning I reversed in to an illegally parked car (they were parked part on the road and part on the grass verge completely blocking access to the foot path). I didn't know who the car belonged to so took photos of the damage and how they were parked, left my details and reported the accident both the police and my insurance company..

This evening the owner of the car has informed me that they don't have insurance as they has only purchased the car a couple of weeks ago. They have said that if my insurance company won't pay out, they want me to pay half the repair costs.

My insurance company is now closed so I can't speak to them until the morning. I want to know if I am legally required to pay for the repairs to this car if my insurance company refuses to pay .

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TheMightyMing · 07/01/2016 19:43

I should imagine your insurance would pay out? But the car should not have been on a public road uninsured, so I would report that to the police.

thebossof3 · 07/01/2016 19:56

I'm not sure if my insurance company will pay out as the car is not legally allowed on the road. I did report the no insurance to the police because the car is still parked in the same place and someone else might hit it.

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Shutthatdoor · 07/01/2016 19:58

You'LL need to check your policy. I know our car insurance does cover us if there is an accident with an uninsured car.

bloodyteenagers · 07/01/2016 20:03

And if they don't pay out, the owner needs to cough up every single penny. Not half.
They've had weeks to deal with insurance. As you know, doesn't take long. I would be more sympathetic if they had it hours and weren't fully covered. But weeks, not a chance.

MooseAndSquirrel · 07/01/2016 20:06

Mine covers me for an accident with an uninsured driver - but that means that they will pay out to fix my car and only my car. Id be doubtful that any would pay out as they legally wouldn't have too as its an offence to have an untaxed/uninsured vehicle on the road.
Also if that turns out to be the case, then no, you've no obligation to cover costs. That's the risk they took by having an uninsured car on the road.

insancerre · 07/01/2016 20:07

But you reversed into them!

Lurkedforever1 · 07/01/2016 20:09

If your insurance company believe they have no duty to pay, then you certainly don't.

HanSolo · 07/01/2016 20:15

Report them to the police. Are they taxed? Surely you need insurance to get taxed?

JE1234 · 07/01/2016 20:17

Let your insurance deal with it. If they won't pay why should you? I'm sure the police would be interested in your photos.

thebossof3 · 07/01/2016 20:21

It's good to know I am not liable for the cost of the repairs. The owner wasn't happy when I said I couldn't afford to pay half the repair which is why I have insurance. She wasn't very nice about it telling me I wouldn't like it if my car got damaged every night. Also met me with her husband and had her brother drive by whilst we were talking, which was abit unsettling. I'm a single mum and the accident happened by my house so they know where I live. I have told the police all of this.

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BishopBrennansArse · 07/01/2016 20:22

It's her tough luck for driving uninsured. Hope she gets the book thrown at her.

LastAnni · 07/01/2016 20:25

Do not agree to anything. Let your insurance handle it all.

thebossof3 · 07/01/2016 20:28

Insancerre - I know I hit them accidents happen which I why I am insured and if they were insured it would be sorted quickly. But she is breaking the law which is complicating what should be an easy problem . I don't have money put away to cover costs which all thing being right would be covered by my insurance company.

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thebossof3 · 07/01/2016 20:31

I checked online earlier and it said the car was taxed and moted, so they must have taxed the car whilst the previous owner still had the car insured.

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ObsidianBlackbirdMcNight · 07/01/2016 20:58

She's an idiot. Morally speaking you are liable, and if your insurance won't pay out I would offer the insurance excess towards the repair. Anything else is her lookout and she's lucky you don't report her for driving uninsured.

Penfold007 · 07/01/2016 21:01

All cars have to carry at least third party insurance. You hit the other car and as such are liable. You are a responsible car owner with tax, insurance etc so you let your insurance company deal with any claim the owner of the damaged vehicle may make.

In the mean time the police deal with the no tax and insurance issue as well as the possible dangerous positioning of the vehicle. Repairing her car may be the least of her worries.

Just let the insurance company deal.

thecapitalsunited · 07/01/2016 21:03

Your insurance is there to protect you from claims from third parties. It makes no difference to the insurer whether that person is driving illegally or not unless the way they were driving was the cause of the accident. In your case the car was parked so it's hard to argue that the accident wasn't your fault even if it was parked where it shouldn't have been. Your insurer have an obligation to put right what you have damaged so don't worry too much about it. As you say accidents happen and that's what you have insurance for :)

KissMyFatArse · 07/01/2016 21:05

Although the car sounds like it's on a public road she may have sorned the car therefore no insurance required but where the car is parked will be questionable.

Your insurance company will normally be liable for 3rd party damages. The car wasn't at the bottom end of her drive/land etc?

KP86 · 07/01/2016 21:09

I agree with a previous poster that if your insurer declines to pay on the basis that the other party was doing something illegal/not taxed/insured or whatever, then you should not be personally liable.

But I expect they will pay and the other owner will have to face charges themselves from the police for parking incorrectly and the rest.

tictactoad · 07/01/2016 21:16

I wouldn't pay her a brass farthing whether my insurance quibbled or not. Let your insurance company deal with it. That's what you pay them for. Her arrangements or lack thereof are not your problem.

Woodhill · 07/01/2016 21:18

you should always insure your car as it could combust etc. it should have been parked on a private drive, she was foolish to leave it there imo.

AnchorDownDeepBreath · 07/01/2016 21:20

This will get a bit nuanced, but the long and short of it is that your insurance will likely cover some of the accident, at least.

As long as your fully comp, your insurance will cover the accident initially. It will pay for your damage - minus your excess and you will lose your NCD if it's not protected. Your insurance company might also pay for their damage and end the case, as this was undeniably your fault.

The other option is that they'll pay out and then sue the other driver for the money. This can take some time. Your involvement would likely end after your car is repaired, but you may be required to go to court if its' needed.

If you have third-party cover, your damages are unlikely to be uncovered and you'll have to either make a claim to the Motor Insurance Bureau or take the other driver to the Small Claims court.

There's case law for each outcome, so either are possible - it really depends on your insurance company and what they prefer.

LuluJakey1 · 07/01/2016 21:21

Her own fault.It is illegal to drive an unnsured car or keep it on a highway.

I reversed into a car parked similarly. No one knew whose it was. My car was undamaged but theirs was damaged. I left a note with my address and phone number. No response. Tried the same thing 3 times over 3 weeks. No response. I told my insurance company who advised me to report the accident to the police - they were sure that car was uninsured. I did. Police agreed that was likely but were not interested. Car disappeared. No contact ever made with me or my insurer.

AnchorDownDeepBreath · 07/01/2016 21:29

Let's keep the uninsured part in context - obviously it's dick move not to insure your car, but the penalties for an uninsured car that was not being driven are a fixed penalty of £100, seizure of the vehicle and possible prosecution if the car is not insured within 48 hours of the fixed penalty.

It's quite rare to be taken to court for an uninsured car that was not being driven.

Have you checked AskMid to see if the car shows as being insured?

thebossof3 · 07/01/2016 21:48

They have been driving the car as it was only parked up yesterday and the own mentitled that they have been using it. I have check askmid and there in no record of the car I hit which confirms no insurance.
I asked the owner to text me her name and address to give the details to my insurance company tomorrow but she yet. I will text her in the morning to chase.

My car only needs a rear light replacing and will be having that done tomorrow. They will need the drivers side wing replaced but doesnt look like it will prevent the car from being driven

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