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Uninsured driver hit by a bus..


ar1607
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I was wondering if anyone would be able to help. My brother took my car and got hit by a bus from the back, it was bus driver's fault. Luckily nothing happened to anyone however my brother announced to me that he didn't have insurance. He called the police and owned up to everything, got arrested until the his identity was proven and will face many points and a hefty fine and possibly a driving ban which in this case he deserves. He is aware of that. My car is probably going to be scrapped and I can't get money from insurance unless I sue my brother which I would never do anyway, he's been punished enough and actually when I found out about it I was just relieved that he was ok, I don't much care about material possessions.

The reason I am writing is because I am worried that the bus company are going to sue him for damages (the bus was slightly damaged in the front) and he will not be able to defend himself - even though it was clearly not his fault he might be facing enormous costs because uninsured drivers are always in the wrong no matter who caused the accident. Is there any way he could defend himself? I know the MIB assess and pay out damages and then seek compensation but he doesn't have much money and I am not sure how the system works. Could he call the No win No fee companies? I feel that he deserves to at least defend himself, he is very remorseful and knows he did wrong. Could anyone comment/help please?

 

Thanks

 

AR

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Was your vehicle taken without you consent? If so, you shouldn't have anything to worry about. Your vehicle was stolen and then damaged, so as long as your brother has been charged with TWOC you could claim against your own insurance (if fully comp) for the damage to your vehicle. The bus company would have to sue your brother.

 

If the vehicle was taken with your consent, then you could find yourself in hot water as you have allowed you vehicle to be used by someone without insurance. The police could charge you and the bus company could sue you for the damage. Also, your own insurance would become invalid.

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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uninsured drivers are always in the wrong no matter who caused the accident.

 

I dont think thats true?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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The bus company would have to sue your brother......

 

and the bus company could sue you for the damage.

 

The Bus was at fault, according to the OP.

 

How can the blame/ financial responsibility of causing damage shift from who caused it (bus driver) to the sufferer of the damage, purely because of the insurance status of the'innocent' driver (whose driving was presumably exemplary - unlike his paperwork)?

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Uninsured means just that - uninsured. It doesnt mean liable.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thanks so much for your replies! Yes I called the Motor Insurers' Bureau and indeed it is not true that uninsured drivers are always in the wrong. That's a great relief. Now I wanted to check about the No Win No fee companies, one of them is interested in taking on the case, do you think it is a good idea? I have never had any dealings with them and I don't know if they are really no win no fee or are there hidden costs? Has anyone had any experience of dealing with them?

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As I see this the bus driver was deffinately at fault as far as the actual accident is concerned so I don't see how the bus co can possibly claim damages against you or your bro. The problem is however, as your bro was uninsured, there is obviously no policy to claim from unless you claim via yours but to do so, you would have to claim that your car was stolen/taken without your consent first. The 'No Win No Fee' route will usually mean making a claim via the courts after a few threatening letters which you could do yourself. Was your bro charged with TWOC (which I would of thought he would otherwise the police would have been asking you a few questions)? If so get a crime ref and claim through your insurance.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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No, he didn't steal the car, I gave him permission to drive, he lied to me about having insurance, he said he arranged it with his bank but as it turned out he 'forgot' in the end. So he was not charged with TWOC, just uninsured driving. To be honest, I am not sure what to do, I want to help him. He is not feeling well, very stiff neck and back and nausea, was in hospital yesterday, has a whiplash. So I think both injuries and damage to my vehicle. The bus driver apparently was shouting that it was my bro's fault because he braked too suddenly so I think the bus company will try and sue him, I want him to have someone representing him hence the no win no fee. What I am afraid of is the small print or that he will end up paying some hidden cost, neither of us has experience in legal matters. So any advice would be great.

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"Braked too suddenly".

 

They can try and sue him on this basis but they would fail dismally.

 

You are supposed to drive so that you can stop your vehicle if the vehicle in front has to perform an emergency stop, never mind sudden braking at a junction (which I assume this was).

 

Did the police speak to you regarding this?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Understand where your'e comming from but it is your responsibility to check that anyone driving your car is insured just the same as them having a licence. Taking their word for it isn't a defence i'm afraid. Thye police could charge you with an offence so I would tread carefully. As for as your bro 'braking too hard', this is irrelevant as it could be argued that the bus was following too close. I should'nt worry too much about the bus co claiming as they have nothing to claim against. Your problem is making a claim through your insurers. You may find yourself (and your bro) having to sue the bus co yourself. or going vis the 'no win, no fee' route.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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OP simply has to sue the Bus Co for the damage to his vehicle.

OP's brother can sue the Bus Co for any injuries sustained if he wishes but may find challenges if he is convicted of a criminal offence in relation to this matter.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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but may find challenges if he is convicted of a criminal offence in relation to this matter.

 

Why do you think that Bernie?

 

The error/offence/negligence of one person in an unrelated matter (which it is in effect) shouldnt affect his ability to claim against the negligence/error of another?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Why do you think that Bernie?

 

The error/offence/negligence of one person in an unrelated matter (which it is in effect) shouldnt affect his ability to claim against the negligence/error of another?

 

Because there are rules about recoverability of damages for injuries sustained whilst committing a criminal offence. Further (and more likely) the bus co may seek to argue contributory negligence for example if a seatbelt was not being worn.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Because there are rules about recoverability of damages for injuries sustained whilst committing a criminal offence.

 

Fair comment well made.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I really appreciate all the answers, it's been a hell of a week.

 

@sailor sam: When I got to the scene of the accident the police questioned me, they asked whether I knew he took the car, and whether I was aware he didn't have insurance. I answered all to the best of my knowledge and they said they closed the case on me, because I was not aware he didn't have any insurance.

 

@berniethebolt: yes I was thinking about that myself. Honestly the only reason why he is thinking about suing (and I don't think he can sue for damage to my car, just personal injury) is because the driver very quickly relinquished responsibility by shouting it was his fault and he thinks he is going to be sued, so attack could be the best form of defence. He told me last night what he remembers happening and basically the bus was behind him at a junction, he started the car, he was about to cross the junction but saw red light so braked suddenly and next thing the bus hit him. What he thinks actually happened is the there were two lights: green to go straight (green arrow) underneath red light for all other cars (turning right and left) so strictly speaking he braked at green light. This makes it more complicated and more likely they will sue so having a representative is going to be a must right? He's not the kind of person to sue anyone, he feels a lot of remorse but it seems very likely he will be sued so I thought it would be good to be prepared. And he was wearing a seatbelt.

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Not proceeding at a green light when able to do so, is not in any way an offence. (It may be dumb, but last time I checked, being dumb also isn't an offence and if it were we'd have a lot less people driving cars already!)

 

Your brother may have stalled the car or, as appears to be the case here, mis-interpretted which light he should respond to, again neither of these actions being a traffic offence. None of this absolves the driver behind of proceeding forward when it was not safe to do so by the presence of your brother's (stationary) car.

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