Hi all

I have a problem with my car insurance, i let someone use my car thinking they had insurance but there insurance had run out a few weeks before letting him use my car.

anyway what happened he was driving and someone pulled out of the pavement and hit my car it was not the persons fault that was using my car, the police come and even then said it was the other guys fault he should not have been parked where he was and never just pulled out into the road in the way in which he did.

The problem now is my insurance said they sent me 3 letters which i did not get and they have paid this other guy out from my own insurance when it was his fault, can they do this from my insurance the reason i even found out about this is they sent me a letter by recorded post saying they was closing down my insurance because i did not replied to there letters.

They are also saying they may take me to court, to recover any costs they have paid out. But i paid for my insurance it just don't seem right that this guy caused this and he gets paid out can someone tell me if this is correct.

What I don’t understand is where I stand that the person driving my car at the time of the accident did not have insurance. And if this is the reason they have done what they have, and if I can get in any further trouble.

But I still can’t see why my insurance has paid out. When this guy caused the accident from what I have read on the internet it seems all goes on who fault it was and there is not only the police that will say it was this guys fault there was a lot of other people around at the time this happened that also said it was this guys fault and told the police what happened.

How can my insurance also stop my insurance and say they may take me to court for costs.

Could the person that was driving my car end up in court for no insurance or would it just be the cause that he would have to pay back the money the insurance paid out I really don’t understand any part of this and I am very worried.

Many Thanks

Lorraine1000

Hi

Is there any one that has any advice that could help me

Many Thanks

Lorraine

Hi

1st things 1st

did the person who was using your car tell you about the accident?

did you then report it to your insurer?

Usually Ins companys do not cancel your policy because you have not responded to a TP accusation of a fault claim, they just payout without predjudice (If im wrong can a claims person please confirm)

if the Police attended it must have been pretty serious & they will have a report of the accident.

Ins companies will ususally send a couple of letters to confirm the details of accident, if no repsonse they then have to deal with claim.

even though your friend was not insured, it was the other partys fault and they should still deal with your claim. It would be down to the Police if they wanted to take the matter of no insurance or letting an uninsured driver use the vehicle.

Hi

 

1st things 1st

 

did the person who was using your car tell you about the accident?

 

did you then report it to your insurer?

 

Usually Ins companys do not cancel your policy because you have not responded to a TP accusation of a fault claim, they just payout without predjudice (If im wrong can a claims person please confirm)

 

if the Police attended it must have been pretty serious & they will have a report of the accident.

 

Ins companies will ususally send a couple of letters to confirm the details of accident, if no repsonse they then have to deal with claim.

 

even though your friend was not insured, it was the other partys fault and they should still deal with your claim. It would be down to the Police if they wanted to take the matter of no insurance or letting an uninsured driver use the vehicle.

yes the person who was driving my car called me right away as soon as the accident happened.

and no i never told my insurance company when it 1st happened i still though my friend had insurance and though the incident would go on my friends insurance, even he still though he had insurance

after around 2 weeks my insurance company called me about the incident and i told the guy on the phone what had happened and he made a date and time to come to my house. that date come when he was meant to have come and he never turned up at that point i though he had got enough information from me over the phone.

you say deal with my claim what do you mean i was not driving so how could i claim for the incident. that why i cant understand why my insurance had paid this person that caused the incident in the 1st place.

Please can you explain to me what you mean by my claim

Many Thanks

Lorraine

and no i never told my insurance company when it 1st happened i still though my friend had insurance and though the incident would go on my friends insurance, even he still though he had insurance

Your policy conditions would require you to inform your insurers regardless of whose insurance was going to pay

after around 2 weeks my insurance company called me about the incident and i told the guy on the phone what had happened and he made a date and time to come to my house. that date come when he was meant to have come and he never turned up at that point i though he had got enough information from me over the phone.

you say deal with my claim what do you mean i was not driving so how could i claim for the incident. that why i cant understand why my insurance had paid this person that caused the incident in the 1st place.

 

Please can you explain to me what you mean by my claim

 

The driver may be prosecuted for no insurance. As you assumed and didn't check, you may be prosecuted for 'permitting'. As the driver was not covered on your policy, your insurance company may well come after you to reclaim their costs - you can, in turn, go after the driver. You cannot sidestep and ask the insurance company to go after the driver for their money.

Your policy conditions would require you to inform your insurers regardless of whose insurance was going to pay

 

A not unreasonable assumption. However, if somebody had made an appointment with me and simply not turned up, I would be asking why.

 

The driver was not insured. Your insurance company have liability under the Road Traffic Act; you are the policyholder; it is therefore your claim.

 

The driver may be prosecuted for no insurance. As you assumed and didn't check, you may be prosecuted for 'permitting'. As the driver was not covered on your policy, your insurance company may well come after you to reclaim their costs - you can, in turn, go after the driver. You cannot sidestep and ask the insurance company to go after the driver for their money.

Hi

can i ask was my insurance company right to have paid this guy out when it was his fault. because the driver of my car did not have any insurance it auto becomes my fault?

and do they have the right to stop my insurance because of this what about the money i have paid would they recost my insurance for the time i had it and then any money over goes to the cost they paid out for this guy?

I am so worried i really don't know much about insurance all i know is each year i renew my insurance so i can drive my car, i never had anything like this before i will never let any use my car again.

Many Thanks

Lorraine

I have to ask how did they know it was the other guys fault if you didn't tell them.

It seems he followed the rules you didn't & are paying the price.

Lorraine I think in this instance the horse has bolted. You can try & get the matter reopened but I doubt you'll succeed to any useful purpose & as connif has suggested you could find you & your freind being prosecuted

Sorry if this sounds patronising but my advice is learn from this, don't do it again, get your car insured, remembering to disclose everything & move on in life

I have to ask how did they know it was the other guys fault if you didn't tell them.

 

It seems he followed the rules you didn't & are paying the price.

 

Lorraine I think in this instance the horse has bolted. You can try & get the matter reopened but I doubt you'll succeed to any useful purpose & as connif has suggested you could find you & your freind being prosecuted

 

Sorry if this sounds patronising but my advice is learn from this, don't do it again, get your car insured, remembering to disclose everything & move on in life

But i did tell them when my insurance called me on the phone i told them everything including the police had come to the incident and there was a lot of others there that also saw it and the police also talked to them.

Maybe it was on the phone this was said but i would have though it was written down.

and they have already said they will take me to court to get back the costs they paid out so thats not an option for me.

This guy has lied to the insurance and said it was not his fault why else would my insurance have paid his clam out.

Just like he tried to lie to the police on the day of the incident and the police told the guy there and then to stop lieing he was parked fully on the pavement in front of a shop where he should not have been parked in the 1st place and then just backed off the pavement into the road without even looking and hit my car.

I know i am in the wrong here i should have checked my friends insurance yes that is down to me and i know now never to let anyone use my car i was just helpping someone out.

But why is it all be taken out on me. Why have they stopped my insurance. Why are they taking me to court to get the money back they paid out to a guy that lied to get my insurance company to paid out in the 1st place.

i sorry but right now i am so upset and worried.

Many Thanks

Lorraine

But why is it all be taken out on me. Why have they stopped my insurance. Why are they taking me to court to get the money back they paid out to a guy that lied to get my insurance company to paid out in the 1st place.

They have made a judgement on liability and decided to pay or not on that. Did they have any written statement from you or the driver that you lent your car to about what happened?

Regardless of that, they will be pursuing you for their outlay as the driver of your vehicle was not insured by them to do so.

They have cancelled your policy for failing to abide by your side of the deal by allowing an uninsured driver to use the vehicle. When you go to re-insure with somebody else, you will need to answer truthfully yes to the question have you ever has insurance cancelled or refused..... If you don't, then you will be voiding the new policy (they will find out, it will be on the database) and you may end up driving uninsured.

Sorry Lorraine I know what I posted (7) was not wanted you to hear & believe me when I say I like many others here dislike insurance companies intensly but in these circumstances you have been your own worst enemy

You should have reported the incident as soon as you knew about (many insurers have 24 hour help lines for just such a purpose) so there's no excuse other than you found out your friend wasn't insured & that's probably why you didn't report it.

If your 'friend' misled you & your the subject of a claim by the insurer you could bring him/her into any proceedings as a co-defendant as the person resoponsible for your mess.

Apart from that I don't know what other advice that can be offered. As Pat says when you do insure you must disclose what has happened & whilst there's every chance your premuim may increase if you don't then you will not be insured & even possibly recorded as a moral risk if they find out