Car insurance query

[fatboydukey]

Hi wonder if you can help?
My sister has a problem with her car insurance. Basically her friend drove her car and had a crash about £2grand damage to both cars with children in car!! However the friend failed to mention the fact that she had no insurance. Now my sisters insurance is paying out 3rd party only even though it was nothing to do with her - her car isnt being replaced or repaired and no claims bonus has been lost. So called friend seems to have got away with having to deal with anything to do with the claim ie not providing any financial compensation to my sister - she is refusing to respond with any insurance companies details because of this my sister will be totally out of pocket - is there anything that she can do???

Thanks Fatboy

[poppynurse]

I would think that it was your sisters responsibility to check that anyone borrowing the car had insurance.......you can't blame the insurance co for this one. Could she take friend to small claims to recover the cost of repairs/financial loss - presumably friend said she had insurance?

[patdavies]

It is absolutely your sister's legal responsibility as the registered keeper to ensure that the driver is insured. She could be prosecuted for 'permitting' if she failed to ask if the driver was insured.

She has lost her NCB and the only way to get any money from the friend is via SCC.

[fatboydukey]

Hi Poppynurse and patdavies

I did think that was the case! She asked if she had insurance and she said yes - I did suggest SCC so think that is her only option.
Thanks
Fatboy

[DAVID ENGINE]

Being unfortunate enough to work for a car insurance company i can tell you that unfortunately there is no chance the insurance or anyone other than the woman driving the car would pay out for this and if she wont then unfortunately youve lost the lot.

Sorry. First thing the insurance would say is "you should have asked to see proof the driver was insured". They will do anything to get out of paying but on this occasion they arent legally obliged to pay out.

[fatboydukey]

Hi

Thanks for the advice I think my sister has now realised she aint getting nothing back on this one

Its taught me a lesson though Ive just got my first car and no bugger is gonna drive it!!!

Thanks Fatboy xx

[benjee]

Fatboy,

There is a slight consolation (only slight) in that the driver can and should also be fined for driving with no Insurance through her own fault and knowingly. This could be anything from 3 points to a fine/ban depending on the local police authority and if she has any previous convictions.