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3 Car accident, 3rd car has no insurance!


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Hi all,

 

About a month ago my husband was stationary at the traffic light when he was hit by a car behind him. it turned out that the car behind was hit by another car behind him. It was quite a hard hit and totally unexpected, my husband suffered a neck and back injury and has been very sore since.

 

He has since been told by the insurance company that the 3rd car had no insurance and so they are saying that he will not be able to claim from anyone.

 

Would anyone here know what happens in this case please?

 

Thanks in advance!

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The 3rd car is not your problem as it never collided with your car. You would think that you would be looking to claim off the car that ran into the back of your husband's car. If this does not happen, then your insurance company needs to pay out and claim off the driver of the car that caused the mishap. One of the reasons why you insure a car and have third party.

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Agree with Surfer01. The 3rd car is not your concern.

Ash.

 

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Thankyou.

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Thanks everyone, I thought as much.

 

There is also a problem with the personal injury side of it, the solicitors dealing with it are saying that the 2nd party won't pay out because the 3rd party was not insured - again this is not our problem is it?? Shouldn't the 2nd party be paying out then take the 3rd party to court if they have to? They are saying my husband may have to wait as it may have to go to court!

 

Any other thoughts?

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To potentially throw a spanner in the works -

 

If there was only one impact then vehicle 2 has been hit from behind and shunted into OP's husband, in which case on what grounds would you hold vehicle 2 responsible? He/she has done nothing wrong, and to make a successful claim you would have to show that they have in some way been negligent.

 

In this case, any claim is against the driver of vehicle 3. If the vehicle is insured, even if that doesn't cover the driver, then those insurers must meet the claim. If neither vehicle nor driver are insured then a claim can be made against the Motor Insurer's Bureau.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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To potentially throw a spanner in the works -

 

If there was only one impact then vehicle 2 has been hit from behind and shunted into OP's husband, in which case on what grounds would you hold vehicle 2 responsible? He/she has done nothing wrong, and to make a successful claim you would have to show that they have in some way been negligent.

 

In this case, any claim is against the driver of vehicle 3. If the vehicle is insured, even if that doesn't cover the driver, then those insurers must meet the claim. If neither vehicle nor driver are insured then a claim can be made against the Motor Insurer's Bureau.

 

That is wrong i think. If car 2 stops behind you (not hitting you) and car 3 slams in to car 2 forcing car 2 to hit car 1 then car 2 IS still responsible for any claims made by car 1 as the insurance company would say car 2 should have left a bigger space in front so that if/when they get hit they have enough room to avoid hitting car one.

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That is wrong i think. If car 2 stops behind you (not hitting you) and car 3 slams in to car 2 forcing car 2 to hit car 1 then car 2 IS still responsible for any claims made by car 1 as the insurance company would say car 2 should have left a bigger space in front so that if/when they get hit they have enough room to avoid hitting car one.

 

Would you say the same if the two vehicles were parked at the side of the road when one of them was hit and pushed in to the other? How much space do you think they should have left - three feet, six feet? How do you know they didn't leave a good gap? Bottom line is there would have been no accident if the third vehicle had stopped safely and proving any liability against the middle vehicle will be pretty much impossible.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Would you say the same if the two vehicles were parked at the side of the road when one of them was hit and pushed in to the other? How much space do you think they should have left - three feet, six feet? How do you know they didn't leave a good gap? Bottom line is there would have been no accident if the third vehicle had stopped safely and proving any liability against the middle vehicle will be pretty much impossible.

 

Think that is irrelevant as that's nothing to do with the original post. circumstances are totally different !

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Think that is irrelevant as that's nothing to do with the original post. circumstances are totally different !

How on God's earth is it any different?

 

The first two cars were parked at the lights. Car three hits them into each other.

 

Car three is totally to blame for the damage to all vehicles and persons involved, unless some other contributory factor comes to light.

 

So far as leaving a gap between cars one and two is concerned, it is of no relevance whatsoever.

 

How much of a gap would you leave between the front of your car and a pedestrian crossing the road at, say, a pelican crossing? If someone hits you from behind and into the pedestrian are you at fault? No, of course not.

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The insurance company rule is if you hit a car up the backside then you are at fault, What you guys are saying is silly, what if i have a 15 year old car and am following a 13 plate car at what i consider a safe distance, if the 13 late car does a emergency stop i doubt the 15 year old car would stop as quick, even if the 13 plate car had no reason for stopping. It is harsh i agree that car 2 is in part to blame, but the insurance company will say the gap should have been bigger between cars 2-1, if the person in car 1 was injured then i assume it was not a little tap either. Of course we don't all allow 15-30 feet between us and the car in front when stopping at lights ect but then we don't all get smacked up the rear either.

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My final word on the subject.

 

Car 2 did not hit anything, it stopped perfectly safely. Car 3 did not stop and caused all the damage.

 

Perhaps the OP will let us know how this eventually pans out though it's obviously going to take some time.

 

PS In a former life I was the regional claims manager for a large insurance company. I do know what I'm talking about.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Reallymadwoman is 100% correct - if the middle car did nothing wrong then their insurers will not be paying anything towards the front vehicle and it's occupant.

 

This whole idea that if you hit someone in the rear you're automatically to blame is a complete fallacy. There are quite a few exceptions to that generalisation, one of which would be if you were stationary, minding your own business and someone else hits your car pushing it forwards into contact with another innocent driver such as in this scenario.

 

If the 3rd driver is indeed completely uninsured then OP's claim will be against that driver personally, or more often the Motor Insurers Bureau which has a fund to cover exactly this sort of thing. Given that uninsured drivers typically will not be able to pay out it's easier to approach the MIB then let them try to recover monies from the fault driver.

 

Apparently I can't post links so just google 'MIB making claim guide'

 

Be aware that sadly you are still likely to end up a little out of pocket in respect of the vehicle, but if they are satisfied that the 3rd driver was to blame + uninsured and the innocent driver is injured they are likely to offer some compensation for your husbands PSLA - 'pain, suffering and loss of amenity' much as an at fault insurer would.

 

Incidentally sounds like OP's insurer gave really poor advice :evil:

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  • 4 weeks later...
Hi all,

 

About a month ago my husband was stationary at the traffic light when he was hit by a car behind him. it turned out that the car behind was hit by another car behind him. It was quite a hard hit and totally unexpected, my husband suffered a neck and back injury and has been very sore since.

 

He has since been told by the insurance company that the 3rd car had no insurance and so they are saying that he will not be able to claim from anyone.

 

Would anyone here know what happens in this case please?

 

Thanks in advance!

 

The way the system works (and this should have been explained to you, is that, your husband claims from the driver of vehicle 2 (the driver that was pushed into the rear of him) and then the driver of vehicle 2 then claims for both his damage and the damage and injury to your husband from the driver of vehicle 3 under the rules of what is called strict liability.

 

The fact that the driver of vehicle 3 is uninsured is of no consequence to your husband as he is claiming off the vehicle that hit him, and drivers 2's insurance have not been honest in what your husband has been told.

 

Driver 2's insurers on finding out that driver 3 is uninsured would then submit an MIB claim (there is a £300 excess on the damage part of the claim) and the claim proceeds in the normal way, it just takes a little longer when dealing with the MIB for the matter to be resolved.

 

Given that your husband has been fobbed off, he really needs to speak to the Insurance Ombudsman, because it is a very straight forward claim even though driver 3 has no insurance, and driver 2's insurers cannot get out of settling your husbands claim (although the personal injury side will take longer)

 

I would be unable to assist you directly as the value of your husbands claim is in the Fast Track (under £25,000 value) scheme, but if you need further advice, you are welcome to send me a PM and I will be happy to advise.

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Please can we keep the advice on thread, guys? If details are anonymised, there should be no need to deal privately.

 

It's much better to have advice that can be seen by everyone and discussed if necessary.

 

HB

Illegitimi non carborundum

 

 

 

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The way the system works (and this should have been explained to you, is that, your husband claims from the driver of vehicle 2 (the driver that was pushed into the rear of him) and then the driver of vehicle 2 then claims for both his damage and the damage and injury to your husband from the driver of vehicle 3 under the rules of what is called strict liability.

 

The fact that the driver of vehicle 3 is uninsured is of no consequence to your husband as he is claiming off the vehicle that hit him, and drivers 2's insurance have not been honest in what your husband has been told.

 

Driver 2's insurers on finding out that driver 3 is uninsured would then submit an MIB claim (there is a £300 excess on the damage part of the claim) and the claim proceeds in the normal way, it just takes a little longer when dealing with the MIB for the matter to be resolved.

 

Given that your husband has been fobbed off, he really needs to speak to the Insurance Ombudsman, because it is a very straight forward claim even though driver 3 has no insurance, and driver 2's insurers cannot get out of settling your husbands claim (although the personal injury side will take longer)

 

I would be unable to assist you directly as the value of your husbands claim is in the Fast Track (under £25,000 value) scheme, but if you need further advice, you are welcome to send me a PM and I will be happy to advise.

 

There should be no excess to pay if claimed through the MIB

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There should be no excess to pay if claimed through the MIB

 

There has always been an excess for the damage part of the claim through the MIB ever since the facility to make damage claims was introduced about 10 years or so ago.

 

But this would apply to the 2nd driver, not the OP's husband whose claim is against driver 2 anyway.

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There has always been an excess for the damage part of the claim through the MIB ever since the facility to make damage claims was introduced about 10 years or so ago.

 

But this would apply to the 2nd driver, not the OP's husband whose claim is against driver 2 anyway.

 

"From 11 June 2007 it was no longer appropriate for a £300 property damage excess to be included in the Uninsured Drivers’ Agreement. This was as a result of the Fifth European Motor Insurance Directive"

 

http://www.mib.org.uk/NR/rdonlyres/F1990265-9804-4CCC-9C07-0808E7D88EC8/0/Uninsured_excess__website_content.pdf

 

I think you're confusing it with "Untraced" which does have an excess

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OK, I stand corrected, Thanks thumb.gif But the OP's husband would still claim back any excess against the driver of vehicle 2 as part of his claim for uninsured losses and it does not change the situation as far as the OP is concerned in that the claim is still against the driver of vehicle 2 who in turn will be the one who makes the claim against the MIB

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