Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

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.

Original poster

Hit by uninsured driver - police dropped case

57 replies

Rosecottage888 · 29/09/2022 23:20

I was hit by an uninsured driver back in February. The girl was only18 and had only passed her test a week before. Her dad took over the correspondence (turns out I knew him from school) and gave me the insurance details. Hire car was sorted, repairs sorted then I get a call from my insurance company telling me they were not insured so everything would need to be covered by my insurance.
Police were involved from the start, I sent them all the forms back but heard nothing, so chased them 6 weeks later and they confirmed they missed my original email.
Police called a couple of months ago to say the driver failed to responded to confirm their details so they would be persuing them through court for this as well as driving without insurance.
Now I've had another email to say sorry but we won't be taking this any further as our deadline for charging the driver has elapsed. Elapsed because they missed my original email! I'm so angry. Im now out of pocket because my insurance has had to cover the courtesy car as well as the damage (over £3k) so my premiums will go up, and she gets off scott free and can carry on driving around.

Not even asking for advice really just venting. So fucking angry.

OP posts:
Move22 · 29/09/2022 23:22

OMG can’t believe that! Surely she loses her licence at a minimum?

talknomore · 29/09/2022 23:22

Would small claims court bean option for you?

Original poster
Rosecottage888 · 29/09/2022 23:23

@Move22 nope nothing, they have literally just dropped it.

OP posts:
Original poster
Rosecottage888 · 29/09/2022 23:26

@talknomore they said I could have a copy of their report if I wanted to peruse through a civil court, but I know nothing about this. I can't afford to throw any money at it and have no faith in the outcome whatsoever even though it's there in black and white - I have messages from both her and her dad admitting liability and apologising. My partner and I even drove her back to work as she was so distressed and partner went in to have a word with her boss, to tell him to make her a cup of tea and give her some time as she was shaken up! So angry right now.

OP posts:
bloodyunicorns · 29/09/2022 23:27

Arghh! That is really shit for you, op. I'm so sorry. Is there nothing the police can do, since it was their responsibility??

Original poster
Rosecottage888 · 29/09/2022 23:29

@bloodyunicorns they replied to my response with a copy of their complaint procedure, that's it. Obviously I will be making a complaint but can't see anything coming of it, they've admitted they missed my email but it was a 'sorry this isn't the outcome you hoped for but.....'

OP posts:
Move22 · 29/09/2022 23:33

This sounds so unfair and can’t be true I am outraged to hear this what world is this; why do we bother following the rules.

prh47bridge · 29/09/2022 23:36

The police dropping the case makes no difference to the insurance position. She was not insured so your insurer has to pay for everything, including the courtesy car. That would still have been the case even if she had been prosecuted and convicted.

Your insurer presumably thinks it isn't worth pursuing her as she doesn't have enough assets to make it worthwhile. You have the option of taking her to small claims to recover the cost of the damage and courtesy car, but that won't help if she can't afford to pay.

Original poster
Rosecottage888 · 29/09/2022 23:38

@Move22 exactly that, no punishment whatsoever! So mad! Her dad kept telling me their insurance company were playing them around and it would get sorted, offered to pay cash for the repairs and claim it back from them once they'd rectified their error (before he knew it was £3k) then as soon as no insurance was confirmed... radio silence.

OP posts:
Original poster
Rosecottage888 · 29/09/2022 23:40

prh47bridge · 29/09/2022 23:36

The police dropping the case makes no difference to the insurance position. She was not insured so your insurer has to pay for everything, including the courtesy car. That would still have been the case even if she had been prosecuted and convicted.

Your insurer presumably thinks it isn't worth pursuing her as she doesn't have enough assets to make it worthwhile. You have the option of taking her to small claims to recover the cost of the damage and courtesy car, but that won't help if she can't afford to pay.

I already know this, my hopes were on her at least losing her license to understand the severity of it. But she hasn't, and is allowed to still drive around, probably uninsured, and able to do it again. Thankfully I didn't have any injuries, but what if I had? What if the next person has?

OP posts:
talknomore · 29/09/2022 23:44

www.gov.uk/compensation-victim-uninsured-driver

DeltaAlphaDelta79 · 29/09/2022 23:45

Report it to the motor insurers bureau. They deal with accidents involving uninsured drivers and have the potential to reimburse you/you insurer for the losses.

Betternottoask · 29/09/2022 23:46

The criminal case being dropped has no bearing on your insurance claim. Your insurance company (or solicitors in case of an injury claim) can recoup their outlay/your compensation from the Motor Insurers Bureau. They specifically deal with claims against uninsured and untraced drivers where its proven the accident was their fault and the responsible party had a legal liability to be insured. If dhe was 18, had passed her test and driving, she shoukd quite clearly should have been insured. You've stated you have evidence of her admitting liability so you should have no problem proving your claim. No outlay to you to make the claim (your insures or solicitors should do this on your behalf to reclaim their monies) but it might take a while longer than a normal, straightforward claim. Hope this helps

talknomore · 29/09/2022 23:46

Did you consider no win no fee option?

Betternottoask · 29/09/2022 23:46

Snap DeltaAlphaDelta79

Grumpybutfunny · 29/09/2022 23:51

Either way OP your insurance is paying and what benefit would her losing her license have for you. It sounds like the poor kid though she was insured and then the insurance company has found a technicality to get out of paying. 3k is a very small claim in the insurance world, on my car that might get you a minor bumper and panel respray at the main dealer, I doubt your insurance will increase much. Did you not opt for uninsured driver protection?

Original poster
Rosecottage888 · 29/09/2022 23:55

@DeltaAlphaDelta79 insurance company are trying to claim the cost back of the hire vehicle through the motor insurance bureau, thank you for that.

Does anyone have experience with a civil court case for something like this? I don't even know what I'd be expecting, I just know I don't want there to be no consequences for her whatsoever, it had a massive impact on us with regards to nursery runs etc when I was without a car (or car seat which we also had ti claim through my insurance).

OP posts:
prh47bridge · 29/09/2022 23:56

talknomore · 29/09/2022 23:46

Did you consider no win no fee option?

It doesn't sound like OP has a personal injury claim, which is when a no win, no fee arrangement can be appropriate.

Original poster
Rosecottage888 · 29/09/2022 23:58

Grumpybutfunny · 29/09/2022 23:51

Either way OP your insurance is paying and what benefit would her losing her license have for you. It sounds like the poor kid though she was insured and then the insurance company has found a technicality to get out of paying. 3k is a very small claim in the insurance world, on my car that might get you a minor bumper and panel respray at the main dealer, I doubt your insurance will increase much. Did you not opt for uninsured driver protection?

Yes I had uninsured driver protection so didn't have to pay an excess. It's irrelevant how much my policy will increase the fact it that it will, through my fault if my own. 'The poor kid'? Come on. She could still be uninsured for all I know. And it wasn't a technicality, she was insured as a learner driver, then when she passed her test that policy was cancelled and a new one never set up. Confirmed by the insurance company.

OP posts:
cato40 · 30/09/2022 00:14

Sorry to hear. My brother had a very similar situation. Young uninsured boy. He went to court, boy never replied to court letter or showed up in court. Even bailiffs failed to do their job as they couldn't find his home (but we ould on Google maps). In the end my brother gave up for his own sanity, and the boy got away with it and probably laughing at the system. Sorry it sucks. They boy nearly killed my brother

Betternottoask · 30/09/2022 00:20

Why do you have such a hard on against a young learner driver? Yes, it was morally and legally wrong and it's extremely lucky that no-one was hurt (although we don't know extend or circumstances of the incident) and I'm not trying to minimise her wrongdoing but, seriously, a civil claim?

You said earlier that you've lost money (ALL reclaimable from insurers who then claim from MIB if you can prove those expenses - so should have no effect on your future premiums). You also said you don't want to throw loads of money at it but you want to make a civil claim so she doesn't get away with it. I'm pretty sure she hasn't got away with anything. Not to take anything away from your shock, upsetment and inconvenience, but this young new driver will be in shock too and will no doubt learn from her mistakes very quickly. Yes, her parents are probably to blame too for not ensuring she had insurance before getting behind the wheel - are you going to take them to civil court too?
But hey, if your intent on throwing all your money away on civil claim costs, solicitors fees, time and stress (even though police have dropped the case FOR A REASON) just so she can have points on a new licence, her insurance premiums go up and you get awarded, maybe, £100 compensation for inconvenience, fill your boots and good luck with that

Original poster
Rosecottage888 · 30/09/2022 00:26

@Betternottoask are you her mum? Jeez.

I never once said I wanted to take it to civil court, just asked what in entailed after others advised it.

Also, THE REASON the police dropped it was because they fucked up and missed the deadline. Which they confirmed.

But you carry on waving the flag for uninsured drivers 👏

OP posts:
DeltaAlphaDelta79 · 30/09/2022 00:29

Rosecottage888 · 29/09/2022 23:55

@DeltaAlphaDelta79 insurance company are trying to claim the cost back of the hire vehicle through the motor insurance bureau, thank you for that.

Does anyone have experience with a civil court case for something like this? I don't even know what I'd be expecting, I just know I don't want there to be no consequences for her whatsoever, it had a massive impact on us with regards to nursery runs etc when I was without a car (or car seat which we also had ti claim through my insurance).

Glad to hear it. A civil court case will only be about the financial aspect not punishment. If the Police are not prosecuting, I am afraid thats it.

My car got hit and written off by an uninsured driver last year. Luckily I wasnt in it at the time. Police did precisely fuck all, and the claim is still ongoing with the MIB as they can take years to resolve.

My insurer initially wanted it is a fault claim as they had no one to claim against, and for me to reduce my 9 years NCB to 3 years, as stupidly I hadnt protected it.

I argued with them and refused to accept it, referred the matter to the financial ombudsman service who agreed with me. Its a shit system, and I have worked in the insurance investigation industry so have seen it from both sides!

Its a slog, so good luck!

Betternottoask · 30/09/2022 00:54

She could still be uninsured for all I know.
already know this, my hopes were on her at least losing her license to understand the severity of it. But she hasn't, and is allowed to still drive around, probably uninsured, and able to do it again. Thankfully I didn't have any injuries, but what if I had? What if the next person has?

So you want her to lose her licence for an accident where no-one was hurt? I think maybe she's learnt her lesson. I'd understand more if you were injured or she was quite arrogant and blase about it or you were actually out of pocket. And you're now repeatedly saying she's 'probably' still uninsured. If you really think that is the case, make a new complaint to the police. Not waving a flag for uninsured people at all. You have every right to make complaints to police, DVLA etc

insurance company are trying to claim the cost back of the hire vehicle through the motor insurance bureau, thank you for that...it had a massive impact on us with regards to nursery runs etc when I was without a car

So you had a courtesy car or you had no car??

Again, as I said, wasn't try to minimise her actions or the impact on you..all I was saying was is it worth considering going through the expense, stress and inconvenience of a civil claim (why ask about it if you weren't considering it?? Don't pretend that's not what you meant OP) but you're really just coming across vindictive saying at very least you wanted her to lose her licence...if that's the very least you wanted, what more were you hoping for? A prison sentence, a criminal record that could ruin her career prospects all for the sake of a non-injury claim? A claim where you have been able to claim ALL costs back, no rise in premiums etc.

And don't ask for people's opinions if you're only going to be defensive and angry towards the people who express opinions that don't concur with your own

Grumpybutfunny · 30/09/2022 01:31

@Rosecottage888 your insurance would have increased anyway as you've been involved in an accident regardless of fault. If you have uninsured driver protection you will keep your no claims so are in no worse of a position than if her insurance has paid.

Thats what the insurance company are telling you, yet the father wanted to go through the insurance and even contacted them. If he or she knew, do you not think he would have just offered to pay the bill? How do you know they haven't rang asked to update the policy and not realised it's been cancelled. The police also don't seem interested which makes it sound like it's not a cut and dried didn't bother to get insurance.

Honestly OP I wouldn't get caught up in a civil case as they aren't going to take her license, which is what it sounds like your after. The most they will do is fine her and as she likely got no assets she will have to pay the insurance company back at a small amount per month.