Is this car crash claim going to get complicated?

[mnahmnah]

Hi

I could do with hearing from anyone who knows what is most likely to happen here, because we have zero experience with car crashes and claims!

DH was driving on a straight stretch of road. Traffic in front was slowing right down, so he did too. Car behind clearly hadn’t noticed and without slowing down at all, went straight into the back of DH.

Police came and were clear she was at fault. They also said she doesn’t have an MOT. Our insurance also said she was clearly at fault. We have full legal and personal injury cover, courtesy car etc. Our car has boot, bumper damage and the chassis is all crumpled up when you look under. We’re guessing it’s a write-off.

DH has pain in his neck, back, shoulder, arm down to his wrist. He’s going to ring 111 and/or go to A&E. The insurance has already organised a medical exam and a course of physio. Super quick work!

Is this a potential to al compensation case? We don’t know how it all works.

However - apparently her not having an MOT could throw a spanner in the works. Does that affect the claim going through? Delay things? Mean we may have to pay for things? We may have to pay for the courtesy car and claim back later? This doesn’t make sense.

Anyone who knows what may happen with all this?! Thanks!

If she has no MOT then her insurance will be invalid. Yikes!
I hope DH isn’t suffering too much and makes a speedy recovery, what does your insurance say about the courtesy car & claiming for cost and/or compensation?

She's an uninsured driver

You need to check your insurance companies approach to uninsured driver claims

I'm not 100% but I'd assume that her not having an MOT would invalidate her insurance. I hope your husband has a speedy recovery.

If she has no MOT then her insurance will be invalid.

It's a bit more complex and only her insurance company will be able to answer this.

it should be in your policy what happens if hit by an uninsured driver. Your insurance will still cover you for the physio etc but they won’t be able to claim the cost back so your next quote will likely be higher. Your legal expenses may allow you to claim against the driver personally but if they can’t afford an MOT there may not be much point. It’s quite difficult to get compensation for whiplash these days

I took a higher renewal for my car insurance because it protects me against uninsured drivers (it was about £15 more a year) I'm really hoping you have the same just in case

Thanks everyone. She was only about 18 and her mum arrived soon after.

We only had the initial phone call at the scene and not had chance to look through the policy properly yet. But they didn’t say anything concerning about her not having an MOT other than the courtesy car

It all depends on what your own policy says about being hit by an uninsured driver. I wouldn’t bother with compensation, you’re not going to get the money if you’re awarded any if the driver doesn’t even have an MOT they’re not going to be able to cough up for a compo claim. Unfortunately it also means your insurance may be a bit higher next year too, annoying but just the way it goes sadly.

It does not always follow that not having an MOT invalidates her insurance.

Its clear cut that she is at fault and therefore you would be entitled to compensation for personal injury on top of car repairs etc. However if the car has no mot then this could become tricky and if she was technically uninsured as a result. Your insurance company need to liaise with her insurance company to find out if they are classing her as uninsured or whether they will be honouring a payout. Its a shit situation for you to be in.

We had a similar scenario (slightly different in that the driver wasn't insured to drive the car and the husband lied saying he was driving), police involved on the scene and it took over 3 years of stress to finally close the claim!

Her insurers will more than likely still pay the claim but as an Article 75 insurer.
The alternative is the Motor Insurers Bureau, who deal on behalf of uninsured drivers. They will make the original insurer deal as they are a remedy of last resort.
Soft tissue injuries from RTAs are worth fuck all these days.

What are your insurance company saying about it?

having work as a personal motor insurance claims hander albeit just under ten years ago her insurance will cover you fully as she was at fault

its irrespective that she didn’t have an mot this will only affect her if she tries to claim. Any claim for your car whether total loss and a compensation claim will come from her insurance by way of yours claiming from them. Hope this helps

He’s just spoken to the insurance again and they said if it’s all going through and if there was an issue, we would have been told. But it was only this afternoon so would they know so soon? They don’t seem concerned. So none the wiser!

Her having not MOT is of no consequence to you.

Your insurer will claim through hers and if they have refused to indemnify her they will recover the claim costs from her.
You can use www.officialinjuryclaim.org.uk to claim for injuries. It's a simple to use government website, you don't even need a solicitor.

Having no MOT does invalidate her insurance. Your husband may be able to claim compensation from the Motor Insurers’ Bureau (MIB) as he has been injured and his property damaged.

https://www.mib.org.uk/making-a-claim/what-we-do/

@LookingforMaryPoppins

Thanks. This happened in March though - the car has been written off and we have bought a new one now! Medical compensation claim is currently going though.