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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.

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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

Car, accident. Where do I stand?

72 replies

DeathMetalMum · 07/04/2016 16:09

Bought my first car today, insured and taxed before I set off home. On the way home someone drove into the side of me. I had stopped at a crossing which was on red and was indicating to turn right. Turned right once light were green and they drove into the side of me, there was a queue behind me, a witness has said they were driving on the wrong side of the road. My car haso a huge dent in the driver and passenger doors, theirs has a small scrape on the paintwork. 😔

Here is the more tricky part. Contacted my insurance and they said my cover doesn't start until midnight tonight and can't do anything unless the other person admits liability and contacts their insurance. I've no experience of dealing with any insurance claim whatsoever. Where do I stand? Would love some advice from anyone in the know.

OP posts:

Report

merrymouse · 07/04/2016 20:59

How did you manage to tax the car if it wasn't insured?

Sootica · 07/04/2016 21:00

This reply has been deleted

Message withdrawn at poster's request.

DeathMetalMum · 07/04/2016 21:10

I'd gather ownership of the car wouldn't have been transferred yet. I went to the nearest post office with the green slip on the way home (but before the crash) to put tax on it. I don't think it will have been insured by the previous owner. The person I bought the car was selling on behalf of his 92 year old father, who was no longer driving, (the car was impeccable). I believe the car hadn't been used for a few months.
I have a list of calls to make tomorrow, starting with my insurance company. Thanks everyone so far, hope I have answered everything clearly.

OP posts:

TheEmmaDilemma · 07/04/2016 21:26

Sorry, but if it was a private sale, you must have called the insurance company to arrange insurance yes?

In which case, they must have asked when you wanted the insurance to start (yes I've done this several times both private and trade buys).

If the insurance company told you were insured at that moment, then you need them to bring up the notes and hopefully recorded call. Otherwise you were in the wrong to be driving it at that time as you were uninsured.

I added my Partner to my car for a month recently and they asked when - including date and hour - I wanted it to start. It started that hour.

Shitty situation and I feel for you, but on this occasion it seems like you will be counted as an uninsured driver. I wouldn't expect much even if the other car is insured.

TheEmmaDilemma · 07/04/2016 21:28

MunchieCrunchie I don't think you need to prove insurance for tax. Just MOT and ownership.

TheEmmaDilemma · 07/04/2016 21:44

Ok I take that back, apparently you do need current insurance to tax.

greenfolder · 07/04/2016 21:58

First things first. You have called the other insurance co but they have said that they will not do anything until they hear from their insured. Tomorrow go and get 2 quotes for repairs from repairers. Write a formal letter to the insurers stating why you think the other person ( their insured) is to blame. Print off a copy of google maps and street view and mark up to help you explain. Request that they arrange to inspect your vehicle to narrow the issues. State that your car is not safe to drive and you may need a credit hire car . (This will chivvy them along because at the moment doing nothing costs them nothing). If they think you might start racking up costs they might change their minds. Did you get any witness details? If so, include them in your letter and ask them to get statements from them. Most insurers will give their insured a reasonable chance to report ( 2 weeks or so) but will then crack on and settle a case because to do otherwise is to just increase costs all round. You can get this sorted but you need to direct and decisive.

MyMarchMN · 07/04/2016 22:03

I used to work for Diamond. I'd suggest you do as pp's have suggested and get them to review the call. They will have a record of it so ask for a senior member of staff to listen to it as it may be the sales person put in the wrong date.

greenfolder · 07/04/2016 22:37

The fact that you do not have insurance will not affect your claim. If you have been injured, you could put the whole matter in the hands of a solicitor if you don't want to deal with it yourself

LurkingHusband · 08/04/2016 09:26

Sorry to say the OP could be charged with driving without insurance. .

greenfolder · 08/04/2016 09:52

Yes, she could be. But that does not mean that she doesn't have a valid claim to have her car fixed and compensation for her injuries.

prh47bridge · 08/04/2016 10:08

I was worried that the other insurance company could refuse to pay if I didn't have legal insurance

They cannot refuse to pay. Whether or not you were properly insured is irrelevant as far as they are concerned. The other driver damaged your car. They are therefore liable to you for the damage caused and their insurer must pay. In the context of your claim being uninsured simply means you will have to deal with it yourself or get a solicitor to do so rather than getting your insurers to deal with it.

I hope Diamond will sort this out for you. But even if they won't you shouldn't lose out.

DeathMetalMum · 08/04/2016 10:09

I have rang Diamond and they are going to listen to the call and see what was said. My uncle got details from one witness and someone called the accident into the police but I'm unsure if it's the same people or not. I will start a letter to the other drivers insurance but they were a bit unsure of their insurance company for some reason (they are not from the UK) so I am slightly concerned about that also.

Green that is excellent advice thank you. How costly is a solicitor, I doubt I will be able to afford any legal advice/support.

OP posts:

CodyKing · 08/04/2016 10:18

Sorry to say the OP could be charged with driving without insurance

Her belief was that she had insurance - this was in place although maybe the wrong date - it will not be in anyone's best interest to prosecute OP - The police have better things to deal with. Any reasonable judge would see the facts - phone calls - payment tax etc all prior to the accident - all relevant

MunchieCrunchie · 08/04/2016 10:19

Take photos of all the damage (preferably with a date print on the photo).
Most insurance companies record their calls "for training and quality purposes" so you might have some comeback, depending on, what was said during the call. It is unusual, that they didn't start cover immediately, if you didn't have a previous insurance policy. I would contact the local police today to salvage any recording of cctv, so, it doesn't get lost or disposed of (depending on how good their record keeping is)

clam · 08/04/2016 10:29

It does seem odd that they would have started the policy the day after you were collecting the car. Whenever I've arranged insurance, a key question has always been "when would you like the policy to start?" and the obvious answer to that would be the day you knew you were collecting it. So I would guess that if anyone's made an error here, it is more likely to be the insurance clerk.

LurkingHusband · 08/04/2016 12:30

Most insurance companies record their calls "for training and quality purposes"

All calls are recorded. In the event of a dispute between a customer and the company, the default position is to believe the customer unless the company has proof to the contrary.

BombadierFritz · 08/04/2016 17:45

You will find a no win no fee solicitor easily enough esp if you mention whiplash
Any news from insurers?

clam · 08/04/2016 18:11

Bear in mind that this incident will have to be declared on all future insurance quotes, and if you have also received a payout for whiplash, then that may affect your premiums.

FiveSixPickUpSticks · 08/04/2016 18:16

The OP hasn't said they have whiplash!!!

clam · 08/04/2016 18:21

Yes she did, at 20.19 last night: I've had to go to the hospital today also as I think I have whiplash, the doctor said to expect a lot of pain in the morning.

CointreauVersial · 08/04/2016 18:37

But you can't tax a car without insurance! You no longer have to take the insurance paperwork with you, but it's one of the checks the Post Office do when they issue tax. It all sounds very odd, I have to say.

If your insurance DOES turn out to be invalid, a few things could happen (leaving aside the whole legality/prosecution side of things associated with driving without insurance...):

If the other driver admits liability then his insurance company may agree to settle the claim with you directly.

If the other driver thinks YOU are at fault, and his insurance company agree, then his insurance company may actually pursue you privately for his damage.

If the other driver does nothing, or his insurance company deems the accident to be joint liability, then you will be on your own, I think.

Your best bet is to persuade your insurance company that they made a mistake, and agree that your insurance was in force after all.

BabyGanoush · 08/04/2016 18:52

What a nightmare. I hope the insurance company will discover they got the date wrong.

Hope your neck is ok

DeathMetalMum · 08/04/2016 19:15

Thanks everyone again. I have heard from the police who say the other driver is at fault and they will be dealing with that. I explained about the insurance, they said they would get back to me again which they have and have told me not to worry about it as I wasn't intentionally driving without. (Lots of other things but paraphrasing).

I haven't heard from back my insurance company yet, I am going to ring them now. I wasn't able to get any quotes of the work today but will hopefully do so over the weekend or on Monday.

OP posts:

CointreauVersial · 08/04/2016 20:43

Well that's really positive. The police always say that their accident investigations are nothing to do with insurance claims, however it does carry a lot of weight with the insurance companies if they decide to take action.

I had an accident a few years ago, for which the other driver was disputing liability (even though he was on my side of the road and on his mobile phone). Once the police told me they were prosecuting him for Driving Without Due Care & Attention his insurance company caved immediately, and everything was settled in my favour.

And good news that they won't prosecute you for driving uninsured.

I hope you get it all sorted, and your insurance company step up to the plate and help you.

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