Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Legal matters

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

Flip

1 2

Original poster

Any advice please?! Insurance claim made against DS1, by driver with no road tax!

40 replies

Jellykat · 03/02/2011 21:22

Any advice would be appreciated!

My DS1 was involved in a car accident on Jan 3rd.He was indicating to turn right at a junction,but his bumper was a foot over the line,he was about to move off, when a car approached in the opposite direction.

The other car was travelling well over the 30mph limit,and the road was icy.He swerved to avoid DS1, but skidded through a hedge,and into the side of a house!

DS1,owner of house,and second driver exchanged names and addresses,there was very little damage done,and second driver stated that it would be knock for knock as he had no valid road tax!(DS1 observed this by old disk displayed)

It appears the other driver has put in an insurance claim against DS1,and his insurance company are honoring it!They are saying the road tax issue is a separate matter and nothing to do with them.The local council may also charge DS1 for damages to house,hedge etc.

How can this be? the driver was illegally on the road,and now DS1 will lose his no claims and at 22yrs old, his insurance will go back up to @£900 a year..

Any advice re. what we could do?
Thank you!

OP posts:

ginmakesitallok · 05/02/2011 21:44

I really don't understand this. It was your son's fault? He was over the line? He caused another car to have to swerve to avoid him?

What I don't understand is why people are suggesting that your son lie to his insurers to get out of this?

whomovedmychocolate · 05/02/2011 21:51

Jellykat - that's true but just because I am badly parked doesn't give other drivers carte blanche to hit buildings because they are going too fast and blame me. I would be asking the insurance company to prove I was at fault and that my being in that position caused the accident beyond reasonable doubt.

Original poster

Jellykat · 05/02/2011 22:05

No one is suggesting that gin..

OP posts:

vintageteacups · 05/02/2011 22:20

exactly whomovedmychoc. And in this situation, it seems very hard to prove that OP's DS was to blame.

whomovedmychocolate · 05/02/2011 22:22

Had a pedestrian stepped out and the car swerved to avoid him the driver would be culpable because he should have been driving at a speed which enabled him to safely stop in an emergency and he lost control.

prh47bridge · 06/02/2011 00:24

I think a lot depends here on the exact sequence of events. If the OP's son started to move across the line as the other car was approaching forcing the other car to take avoiding action it may be his fault, even if he jammed the brakes on as soon as he saw the other car. The other driver may also be partly responsible if he was driving too fast for the conditions.

On the other hand if the OP's son had crossed the line and stopped before the other car came into view, the other driver is at fault.

Whomovedmychocolate - This is not a criminal case. The insurance company does not have to prove anything beyond reasonable doubt. If it went to court it would be decided on the balance of probabilities.

mellicauli · 06/02/2011 00:33

In my experience, the insurance companies don't care what happened and don't care who is to blame.

We had a signed piece of paper admitting liability from someone who drove into us, that it was her fault. She then back tracked and insurance company paid out to her.

My advice? Just move on. It's not worth it.

GreenAmy · 06/02/2011 14:57

Re the stationary thing.. You're driving along the road, your turning is on the right,you indicate,slow right down,just about to pull away again.. car appears coming towards you fast, you realize you don't have enough time to cut across their lane, so you stop to let them go past..they swerve slightly, skid on the ice and keep going, mount pavement,through a hedge and into someones garden..

I am guessing that is why your insurers are blaming your son, you may have some justification claim that he was driving to fast for the conditions but I do not think you will get anywhere. Worth a try though.

Original poster

Jellykat · 11/02/2011 13:04

Quick update

We arranged for me to act on DS1s behalf.
Fat lot of good that has done! mellicauli was right.

The fact DS1 does have legal cover, seems completely irrelevant,the company just can't be arsed.

I have discovered the claimants' insurers will not represent in any case,"where the insured vehicle does not possess a mot, or valid road fund licence" they obviously haven't been told then.But DSs insurance company could not care less - surprise.

The lesson learnt by DS1- read the online reviews for the insurance company,before signing up!-comments like 'robbing sods','incompetent',the 'worst insurance company i have ever dealt with',and 'they are so rude it defies belief' are just a few...

Be warned, the companies' name begins' with S. We won't go near them again.

OP posts:

prh47bridge · 11/02/2011 14:21

The insurance company must have a complaints procedure you could try. Once you have exhausted that you can complain to the Insurance Ombudsman. It may not change anything but it could be worth a try.

malovitt · 11/02/2011 15:29

How wide was the road - normal width or a country lane? A foot over the line is loads in a narrow lane but relatively unimportant on a wide road.

Was it straight or did the other driver appear around a bend?

Have you gone back to the scene and taken photos?

Something like this happened to my friend and we went back to where the accident happened and sort of restaged it.

Original poster

Jellykat · 11/02/2011 19:09

The width of road was middle of Bristol 2 lane width, pretty bog standard..

My DS took photos of the scene and front of other car on his phone,only a bit of plastic missing from bumper.That's what gets me..what are they putting in for? Not that it makes any difference - DSs insurance company don't give a monkeys',and he still loses his no claims discount..

Have put in a complaint

The police and DVLA say it's the insurers that should be dealing the no road tax issue,so am notifying the claimants side.

Then i shall give up!

Thanks everyone for your suggestions.

OP posts:

sneezecakesmum · 11/02/2011 20:40

DO NOT GIVE UP!!! Write letter after letter, keep notes of any phone calls, times, names etc. Do what prh47 says - exhaust all avenues with the insurance company. Tell them you are taking it to the ombudsman. When they send you a letter saying its their final letter, take it to the ombudsman. You are looking at months of hassle, but if it saves DSs NCB, money etc then its worth it.

My DS was looking at being prosecuted for no insurance, fines, points, loss of full NCB - financial disaster!. I fought for months and the lying b Insurers lost audio tapes, denied others, but the ombudsman found 90% in our favour - no financial disaster, points etc for DS phew!

Their name began with E!

Original poster

Jellykat · 11/02/2011 21:21

sneezecakes.. Ending in H by any remote chance?

Yes-they were DSs insurers when his car got stolen a few years ago, so i've dealt with them too..I agree, wouldn't touch them with a barge pole again - definitely on a par

DSs policy ends end of March,bad timing for renewal quote if we haven't got anywhere by then..but i will keep going, will refuel energy supplies over weekend!

OP posts:

sneezecakesmum · 12/02/2011 17:14

ending with gh!!
lied, unreasonable, even ombudsman said so. Much happier with direct line, they have been fab over road rage incident my DS had (against him!).
Letters letters and dogged determination. Not fighting for my DS would have meant such a huge financial cost had no choice, hours of calls.... but paid off in end.

One word or warning, watch out for 0800 numbers. they wont appear on your bill, and you will need a COURT ORDER! to show it was made, so they can deny they were made! If it wasnt for that we would have had a big compensation paid out from the insurers, but that was a bridge too far for me, esp as we had won the rest of the case.

Not good for march, but if you win you should be able to have the cost reduced back to his normal. Good luck.

Flip

1 2