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Original poster

Stupid stupid stupid bloody woman - any car insurance experts out there?

21 replies

JanH · 03/08/2006 11:58

We were rear-ended on our way home from holiday on Saturday - our car was fairly nicely bashed in at the back (haven't yet heard if the structure is damaged too) and I had a bit of a whiplash.

The tailgate wouldn't fasten so our car had to go straight in and we've got a replacement car from Tesco insurance (paying an extra £21 a day for a Zafira rather than a Corsa) - we can have this for 2 weeks before we're liable for the full cost. We also have a £50 excess.

I've just been informed by the car hire place that the woman who hit us had failed to notify her insurers that she had changed her car so she wasn't insured - apparently she rang her insurers to change her details an hour after the accident.

This means that the claim will now have to come off our own insurance, it's our second claim in less than 12 months and our protected NCD - no more than 2 claims in 3 years - will be lost if we have another. We are liable for all our own costs too - it's looking like a minimum of £350 - well we could revert to the tiny basic car to save money, but last time I had one it was a 1.2 and that was underpowered with just me in it!

Bloke at Tesco said they don't pursue individuals under these circs and although the accident wasn't our fault it still affects our NCD. Anybody know what we can do?

OP posts:

Original poster

JanH · 03/08/2006 12:06

bump

OP posts:

Original poster

JanH · 03/08/2006 12:07

bump - very funny -

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KristinaM · 03/08/2006 12:08

bit of a bummer

LIZS · 03/08/2006 12:09

Can you report to police , as she was presumbaly driving without insurance ? Otherwise even if her car details weren't up to date perhaps she was insured 3rd party under her existing policy for other vehicles ?

serenity · 03/08/2006 12:11

Do you get legal aid as part of your Tesco insurance?

I had something similar - I was hit by a drunk driver. I was warned that that would invalidate his insurance, but in the end they paid for my damages and not his (so they effectively covered him third party only) I thought that all the insurance companies had got together to create a fund to cover uninsured accidents, but I don't know enough about it I'm afraid.

Incidently, if she was driving without insurance I would report her to the police. As you were injured they'll probably take it seriously and maybe you could then use it to claim your losses back from her through the Small Claims Court?

This sort of thing really p's me off. I remember feeling so upset and panicky when it happened to us, it just seemed so unfair that the innocent driver isn't protected against people like this Hope you get manage to sort it out.

Freckle · 03/08/2006 12:12

I would write to her directly listing all your losses, including any increase in your insurance premium over the next x number of years (you can get this information from your insurers) and ask her to cough up within 14 days. You should inform her that, if she does not, you will take legal proceedings. And then do it. It's very easy to submit a claim to the small claims court.

If you then recover your excess, your insurance company should reinstate your no claims bonus. Check with your insurance company if they want you to include their losses in your claim as they won't be able to do it separately and may then refuse to reinstate your bonus.

Neena28 · 03/08/2006 12:12

I would tell tesco that you are going to the independent ombudsman and are looking into persuing through them. I had to do this when my insurance blamed me for an accident that totally wasn't my fault. After I threatened it I got a call back within minutes from someone senior and have now had a letter confirming their various errors.

I understood though that in these circumstances you contact the police as she was driving without insurance (an offence) and then go through the small claims court for your damages/cost of repairs/loss of earnings etc etc. You can also I believe claim the extra cost of yor insurance due to loss of no claims but our legal people were going to look into that if neccesary so not 100% sure about that bit.

Do yo have legal cover on your insurance? If yo have they should deal with all of this for you.

Freckle · 03/08/2006 12:13

If she cannot pay up, you may be able to submit a claim to the Motor Insurers' Bureau. They deal with property damage and personal injury claims when uninsured drivers are involved.

Eve · 03/08/2006 12:16

For the other party even though she hadn't notfied her insurers they are still obliged in the circumstances to pay up for 3rd party damage.

Ohter have mentioned MIB... they are only involved where there is no insurance at all. In this case she had insurance which should cover 3rd party damage, but won;t pay for hers.

Both her caompany and your are trying it on. Tesco should recover and hers sgould pay.

Hassle for you but take no nonsence from them.

Original poster

JanH · 03/08/2006 12:39

Ooh, lots of helpful information here, thank you all! I was wondering about reporting her to the police, it just seems a bit churlish iykwim - she didn't do it on purpose, she's a bit dim I think.

Eve, Tesco hadn't heard about her insurance situation until I rang them - I only spoke to a claims call centre person, maybe once the situation is clear they will claim 3rd party costs from her insurers? If not can you give me details of any legislation I can quote at them?

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Original poster

JanH · 03/08/2006 12:40

(But if it turns out to be the only way of getting costs back then I'll have to report it of course.)

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beckybrastraps · 03/08/2006 12:44

Do you have legal cover with your insurance. Because if you do you should INSIST that they pursue the other party. My mum was in a similar situation after being hit by an uninsured driver. Her insurance company wanted to leave it, but she refused to allow it. The other party was taken to court by the insurance company's solicitors and he was ordered to pay the full amount, plus costs, plus my mum's excess. You should not be out of pocket AT ALL.

Original poster

JanH · 03/08/2006 12:47

Yes we do have legal cover, becky, I was surprised when the bloke said they didn't bother to use it for individuals - have to say he was the least nice and helpful person I've spoken to there so far, maybe he was just having a bad day.

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FairyMum · 03/08/2006 13:14

I thought it was really dodgy to rive wihtout insurance. I would have reported it to the police if I was you!

beckybrastraps · 03/08/2006 13:17

Then don't take no for an answer. You PAY for the legal cover. Make sure they do their job. Put it in writing rather than deasling with some call centre bloke, and insist. The legal cover isd there to recover your uninsured losses when you are not at fault. Get nasty!!

daisy1999 · 03/08/2006 13:24

if she was insured for a car (even if not the one in the accident) you should claim against her insurers. You may get it dealt with through them and it's worth a try. If not then MIB.

Bugsy2 · 03/08/2006 13:36

By all means report the uninsured driver to the police, but I'm not sure they can do anything as I believe it is a civil offence, rather than a criminal one. Not 100% sure on this, so if any legal eagles know better than me, then please post!!!!
Big sympathy JanH.

fuzzywuzzy · 03/08/2006 13:42

Janh If the Tescos bloke said the legal cover isn't used to pursue indivduals who is it used to pursue..... several people who drive the same car at once??? That's just ridiculous....

Original poster

JanH · 03/08/2006 13:47

I think he meant they use it to deal with other insurers, fw. Someone at Tesco (a nice helpful one) told me they'd use it for the whiplash if I follow it up, but that would have been against the other insurers.

It's bleeding complicated!

Thanks for extra advice, everybody (and for sympathy, Bugsy )

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Lilymaid · 03/08/2006 13:48

Driving without insurance against third party risk is an offence contrary to Section 143 of the Road Traffic Act 1988. The penalties available for the offence are a maximum fine of £5,000, the automatic endorsement of an offender's licence with 6-8 penalty points and possible disqualification. On 1 June 2003 driving uninsured became an offence for which, instead of prosecution, a fixed penalty could be offered. The level of the fixed penalty was set at £200 plus 6 penalty points (The Fixed Penalty (Amendment) Order 2003, S12003 No 1254.).
Yup, it is a criminal offence and you will need to notify the police. Recovery of your losses is however a civil matter. Good luck.

Neena28 · 03/08/2006 15:01

If there is an accident and anyone is hurt (ie your whiplash) then you have to report it to the police anyway. You ahve 7 days to report it was my understanding. We always go with a statement and a tachograph if any of our drivers do, just makes things simpler later on but I did think you were obliged to.

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