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Complicated insurance question


glasmale26
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Hi, i'm looking for a little bit of advice. To try to sum up, I had two cars and two insurance policies. I sold one of the cars a few months back and never cancelled the insurance policy. I also had a third car which was off the road and being repaired and had no insurance. The repaired car was picked up by myself and being driven home when it was involved in a bump (My fault if I'm honest). No injuries but the police did attend and I was given a producer.

 

I spoke to my friend who is in the police and he said simply produce the insurance docket for your car which is insured which would cover you to be driving third party. That's all been done and the police are fine with that and don't seem to bothered that the actual car I was in was uninsured.

 

I then swopped the reg number on my second policy to that of the now damaged car so it is now 'insured' although it's looking pretty badly damaged at present.

 

I'm just looking for a little advice on how to process all this. I have reported the accident to the insurance company I used and presented to the police and they said they would call me back to process the third party claim, I have given them the police reference and my friend tells me they will basically get the details from the police and the insurance companies will settle it themselves.

 

My worry is that would they have some exclusion on me driving another car if that car doesn't have insurance and if so would they be able to find that detail out very easily?

 

Secondly, I now want to make a claim on the fully comp part of the other policy in the hope that they will repair the damaged car. Technically it wasn't insured at the time of the accident but if my claim is for general damage am I in a sticky place if I say I've driven into a wall or something?

 

I know what I've done is not strictly correct but to be fair I've had two policies fully paid for right through but I dont want to have either of the claims denied on technicalities.

 

Finally, if they reject the third parties claim could I be liable for their costs?

 

Sorry, it's a bit long winded!!

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No claim under comp, as the car was not insured for comp at the time.

 

As for third party cover on the current policy, it depends on what the certificate of insurance says.

 

Which certificate did you use ? The one coverlng the car that was sold or the car you had insured properly that you still have ?

 

You should never maintain Insurance on any vehicle you have sold, as according to the insurance database your insurers are still at risk under Road Traffic for that vehicle. If someone bought the car, did not insure and then had a serious accident, Insurers would no doubt seek recovery from you. There was a case where a policyholder never advised their insurers of the sale of their car. Months later it was involved in an accident, the new owner never insured it and the only current insurers of the car had a £30000 against them. They recovered this against the policyholder who breached contract by not advising they had sold the car.

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Can you clarify your post, the car that you was driving had no insurance policy at the time of the accident? I assume that if this is the case the vehicle was SORN'ed? If either of these questions are answered with a yes you have no grounds for a claim and you have bigger issues on the horizon

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I think you need to read the policy very carefully

 

Granted that I haven't checked for a long time, but it used to be the case that most fully comprehensive policies, whilst they gave third party only cover to drive another vehicle contained a clause along the lines of 'not owned by you and not leased by you under a hire purchase agreement' There was also the caveat in many policies that the vehicle in question also had to be independently insured by the RK of that vehicle. This was to deny the opportunity for individuals to have several vehicles and to drive them at will, but to insure only one of them

 

I agree with the post above - if the vehicle was not being driven under a FC policy at the time, there can be no claim for damage to your car - only to the third party, and then only subject to the specifics of the TP cover in force or otherwise at the time

 

Technically it wasn't insured at the time of the accident but if my claim is for general damage am I in a sticky place if I say I've driven into a wall or something?[/Quote]

 

Don't even go there!

 

Finally, if they reject the third parties claim could I be liable for their costs?[/Quote]

 

Yes, with the added possible complication of a charge of driving whilst uninsured

 

Hopefully it won't come to it but insurance companies do not tend to just roll over and accept liability for a claim if there is scope not to have to do so!

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