Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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Thread: Car Accident

  1. #1
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    Default Car Accident

    if i hit an unisured driver, my fault, does it automatically become their fault as they werent insured? I know its a bit of a stinky question but i went through on amber and broadsided some bloke in a car with no insurance and my insurance company are playing allsorts of games about repairing my car even though its fully comp!!!!! Cant i just admit it was my fault and get them to repair the damn thing?

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    And the lord said "come forth and i shall grant you eternal life" I came fifth and got a toaster!!!

  2. #2
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    Unhappy Re: Car Accident

    Hi there,

    No if the driver is uninsured does not make him at fault I'm afraid - and if he's uninsured he is still able to claim off your insurance to have the damage to his vehicle repaired.

    (experience - several years as a motor claims advisor for a major insurer - then legal claim advisor for court cases)

    Sorry

    Tyger


  3. #3
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    Default Re: Car Accident

    However, I hope the Police are involved in him being uninsured


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    Default Re: Car Accident

    You would think so wouldn't you,

    However in my experience they don't often give a monkeys. (We were hit by an uninsured driver who flipped our car up the road as he hit us so hard in a 30 zone - this ruptured a disk in my back - nothing came of it)

    it comes down to the civil/legal issue

    Claims against insurers are a civil matter as such the police will rarely get involved - they charge upto £90 for the police report and they can take months to come through (i understand they have better things to do with their time than write reports for insurance companies so can sympathise with them)- uninsured drivers are a legal matter in my experience the police will just say 'take the matter to your insurer' unless the uninsured driver has...

    Previous issues like warrants for arrest
    or seriously injured the OP they class it a 'blood spilled'

    Its unfair and whats really unfair is when you have to tell the law abiding citizen the uninsured party are making a claim off their insurance for their damage and usually (in my experience) get a bogus personal injury claim in too.

    i used to have to grit my teeth because the uninsured would ring every other day screaming 'show me the money' - i think that we before pay out make them take out insurance with the 'winnings!' (unenforceable, i know)

    Oh and about the lights - if you say you had time to go through (which i think you did) the case will fall on a 50/50 unless either of you have an independent witness.

    tygermoth


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    Default Re: Car Accident

    Surely if you have fully comp insurance your company should pay out regardless?
    Isnt that what you are paying for?

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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    Default Re: Car Accident

    The Police will get invoved due to the Driving without insurance aspect.
    I know they wont be bothered with the actual insurance / liabilkty aspect, but they will take steps if you report him/her for driving without insurance.


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    Default Re: Car Accident

    Ive read on another forum this am that they dont in fact get involved in this PK they say its a matter forthe insurance co to deal with, and they dont bother!!

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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    Default Re: Car Accident

    Quote Originally Posted by cillitbanger View Post
    Ive read on another forum this am that they dont in fact get involved in this PK they say its a matter forthe insurance co to deal with, and they dont bother!!
    They wont have anything to do with the incident and the insurance claim.

    BUT 'Driving without Insurance' is an offence, and that is what they will deal with. Totally seperate fromthe claim

    Thats what I meant


  9. #9
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    Default Re: Car Accident

    An unisured driver hit my car twice whilst it was parked outside my house. I didn't even now until a passerby chapped on my door and gave me the reg number. I called the police who came out and whilst they were in my house getting statement from passer by it came over the radio the had stopped the driver 6 miles away. The police were great and very helpful and the driver was also over the limit.

    I contacted my insurance company and I got a cheque from the IO to repair my car.

    I think maybe the OPs insurance company nay be stalling to see if the IO will pay for the damage as the other driver was uninsured


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    Default Re: Car Accident

    I know of a recent incident where a driver reversed into another car and gave that driver false details.

    He was only tracked down because he had a logo on his t-shirt of where he worked which the other driver noted.

    The other driver then agreed to pay for damage but he was told it would still be reported.

    The police, (south Wales), didn't want to know and not even a claim number was issued despite his false details being written down!

    This would have been quite a serious thing to happen just a few years ago.

    Quite frightening.


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    Default Re: Car Accident

    Quote Originally Posted by PKea View Post
    They wont have anything to do with the incident and the insurance claim.

    BUT 'Driving without Insurance' is an offence, and that is what they will deal with. Totally seperate fromthe claim

    Thats what I meant
    Exactly. And it's an east 'detect' and 'solved' for their figures


  12. #12
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    Default Re: Car Accident

    This has gone beyond a joke, i have received a form from the county courticon!! This guy is now taking me to court for the damage to his car!!!!! i have noticed though that the information about the accident is completely wrong, for example, he states i pulled out in front of him from a side road and infact i was turning off a main road into another road. I also think that as it is a junction controlled by traffic lights it cant really be called a side road. I was prepared to accept this as my fault at first but with this happening i am furious and now intend to defend myself to the best of my ability. I just wanted my car repaired and to move on with my life but between the insurance company and this idiot i am not being given a chance. I have been relying on friends and family to drive me around for two months now and this cant carry on..... And as for his court case, i can see me going to the court and telling them. I am lost on this one now.. help

    And the lord said "come forth and i shall grant you eternal life" I came fifth and got a toaster!!!

  13. #13
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    Default Re: Car Accident

    It's for your insurance to deal with the county courticon issues. You will need to forward all the paperwork to them and reply to the Court that you have done so.


  14. #14
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    Default Re: Car Accident

    Had a letter from a legal idiot saying court in may!!! i am happy to argue that it wasnt my fault and let it go 50/50 now as my car is good as new and any no claims i lost has been restored (3 years and 4 months since the accident). I suspect they are one of those no win no fee accident lot who were trying it on as it right on the 3 year limit when they contacted the courts. I will keep you all updated on any further developments.

    And the lord said "come forth and i shall grant you eternal life" I came fifth and got a toaster!!!

  15. #15
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    Default Re: Car Accident

    Just subbingicon


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    Default Re: Car Accident

    So if an unisured motor car/cycle is hit by an insured driver, are we saying that the uninsured driver, who should not have been on the road in the first place, can still claim against the insured drivers insurance, even if they are subsequently being prosecuted for not being insured themselves?

    Claimed & won so far:-
    Banks:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, Mortgages:-Central Capital (PPI) £500, Natwest MEAF £140 Credit cards:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 Catalogues:- Littlewoods Direct Flex Account £60
    For Friends:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.
    Pending:-
    Barclays Bank Personal (On hold - Thanks a lot OFT) .


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