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Hi, I am after some advice regarding an incident my moped was involved in.

 

Basically (stupid I know) I let my mate ride my moped round the block. He was uninsured to ride my bike and was knocked off by a car driver who was obviously at fault and arrested at the scene for dangerous driving. Initially I thought 'Oh theres no way I can claim because my friend was uninsured'. However after talking to a few people they seem to think I may be able to make a claim against the car drivers insurance for the damage to my vehicle caused by his negligent driving.

 

Does anyone know if this is true? Thanks in advance for your help and advice!

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I think your first thought was right and you wouldn't be able to claim

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You can make a claim against the driver of the other car YES.

 

You are the owner of property that was damaged by the negligence of another driver.

 

Legally and morally you should NOT have allowed your friend to ride your moped, what would have happened if your friend had caused an accident or injured somebody, who would they have claimed off of?

 

Write to the driver of the other vehicle and detail your unisured losses and ask him to forward those on to his own insurers.

 

Mossy

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didnt the Police ask for your mates details?? if he was uninsured thought they would have taken him in aswell.

 

check the small print in the policy wording as I know with motor car policys they state "you are not covered for any damage etc if a person not named on the policy is allowed to drive etc etc"

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didnt the Police ask for your mates details?? if he was uninsured thought they would have taken him in aswell.

 

check the small print in the policy wording as I know with motor car policys they state "you are not covered for any damage etc if a person not named on the policy is allowed to drive etc etc"

 

Yerp he had to go to court and got a years driving ban.

 

In regards to the small print in the policy, surely that would not be relevant as it is not my policy that I wish to claim on, it is the third party against who I wish to make a claim.

 

Does anybody know any solicitors that will give me advice about this?

 

I have rang several so far and all they ask is 'was anyone injured in the incident' as soon as I say no they say 'oh sorry we cant help you with this bye!'. Seems the moneys only in personal injury for them! :mad:

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Finally spoke to a helpful solicitor!

 

They have advised me that I need to make a Small claim in the County court against the negligent third party driver.

 

Mossycat I know that I was wrong to let my friend drive my vehicle but it was literally round the block.

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didnt the Police ask for your mates details?? if he was uninsured thought they would have taken him in aswell.

 

check the small print in the policy wording as I know with motor car policys they state "you are not covered for any damage etc if a person not named on the policy is allowed to drive etc etc"

 

I'd agree with that, but the OP is NOT claiming off his own insurers, he is claiming off the other party, hence why the claim will succeed.

 

Mossy

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Finally spoke to a helpful solicitor!

 

They have advised me that I need to make a Small claim in the County court against the negligent third party driver.

 

Mossycat I know that I was wrong to let my friend drive my vehicle but it was literally round the block.

 

Whoa, long long long before Small Claims Court (that's your last resort) is to write to the other driver and give them or their insurers a chance to deal with it.

 

Mossy

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You don't need a solicitor

 

You write to the driver of the other car, and state what you are claiming for and why he is liable.

 

It's as easy as that

 

Mossy

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