Hit by uninsured driver - MIB claim

[SuperVillain]

Where was the damage on his car? Front bumper?

[JoeyJoeC]

what other scenario is there in a roundabout when you hit someone from the left ? He can't really say he came from the right as there is no entry into that roundabout from the right. I was going straight on and he came from the left and hit me. What story could he make up to make it my fault ?

 

Could have said he was already on the roundabout before you were anywhere near it, that you were speeding and didn't manage to stop in time?

 

This exact thing happened with my sister the day after she passed the test. She fought it and won as far as I know.

 

Insurance companies will always go for 50/50 as it is easy for them. My mother has a pending claim, she rejected 50/50, then 70/30 so they are trying for 80/20 instead. Despite her being stationary.

[The Phantom]

Could have said he was already on the roundabout before you were anywhere near it, that you were speeding and didn't manage to stop in time?

 

This exact thing happened with my sister the day after she passed the test. She fought it and won as far as I know.

 

Insurance companies will always go for 50/50 as it is easy for them. My mother has a pending claim, she rejected 50/50, then 70/30 so they are trying for 80/20 instead. Despite her being stationary.

 

Well it was evening rush hour (5.30 PM) so traffic was slow and damage to my car minor, but he would struggle to proof my speed either way I suppose. It is all going to be one word against someone elses.

But so far there is nothing forthcoming anyway. The claim just sits as open for what I suppose another year and then I have to see what the story is with my overpayments for this time.

[The Phantom]

Where was the damage on his car? Front bumper?

 

somewhere on the front / front right of his car if I remember correctly.

[The Phantom]

OK, Minster Law is back on the case, new case worker has been in contact, they are now working on submitting the final claim to the MIB.

Also had a call from local police station today ref the accident. They asked whether I would be prepared to participate in an ID Parade, to see whether I can identify the driver of the vehicle.

They will be in touch again next week or so to give me a date for this as apparently it has to be done by an specially trained police officer.

 

Nice to see they are actually working on this, not so good to ask me almost 5 months after the event. Surely it would be better to do this sooner after the actual accident, considering they had the registration plate of the vehicle.

[The Phantom]

As for premium increase just got response letter from the Claim Processors of the Underwriters:

 

In regards to the additional premium I recommend you contact your brokers to discuss further.They will have based your premium on this incident being a fault incident. If the judge decidesthat it is a non fault incident, the brokers may be able to re -quote your policy based on thisbeing a non fault incident and reimburse any overpayment. However not all brokers are ableto do this.If this is not an option and you have legal expense cover on your policy your brokers will be able to redirect you your legal representative and they will deal with your uninsured losses.

 

The brokers however already said it is the underwriters who put this as pending and it has nothing to do with them. So I can already see how this is going to pan out : Finger pointing backwards and forwards and nobody willing to cough up and refund my money in the end. !!

[newmoses]

I had an incident last year where a driver on my left veered into my lane sideswiping my car.She refused to admit liability even though I had 1 witness.My insurers sent 1 set of 4 photographs in 3 months.I got excuse after excuse every time i asked my insurers for an update, so I gave them 14 days to sort it, otherwise I will take it on myself.fast forward a month later, and no more update from my insurer, so I said i would take it on my self, so I took a county court summons out against the third party. 3 weeks later a cheque for just under £800.00 from Quinn insurance.Thank you very much.Going at it with a softly softly approach gets you nowhere..You need to be forceful.I have 2 county court wins from 2, and 2 out of court settlements from 2, and another county court case in June, but I think the defendant will be settling out of court.

[The Phantom]

I think the difference is that you had money to recover in these instances , so were claiming. in my case I have nothing to recover, the other party who caused the accident is trying to claim off my insurance for the damage to his car and personal injuries. There are no witnesses and no evidence. He has just provided a medical report that states he sustained some injuries (almost two years after the accident) and an estimate for the repair to his car (almost two years after the accident).

Strictly speaking all the paperwork he submitted shows there was an accident. Of course it doesn't proof liability for this accident.

The claims processors of my insurers now say they want to offer him a 50/50 which I find outrageous.

They admit he can't proof any of his allegations but on the other hand they say we can't proof it wasn't like that. I find that a very strange way putting the burden of proof on the defendant rather than the claimant. Surely if he wants money he would have to proof his side , not me having to proof he is lying.

No wonder the premiums are so high if they pay out like this.

[The Phantom]

Here now the latest.

No ID Parade after all, the police seemed to have lost interest and are now saying (without an ID Parade) that the owner / keeper was not the driver at the time (not sure how they know that ) but he won't tell them who drove the car so they will prosecute him for that. The car was scrapped but only after the accident so the vehicle is now gone.

However, with my MIB claim almost at the end (solicitor submitted it back in April to them) the police phoned me today and said the owner/keeper has produced some insurance details I could make a claim against.

I have no idea where this is now coming from after everybody told me the car wasn't insured at the time of the accident (including the police) and now they have some insurance details for me almost six months after the event.

What do I do now ? My claim with the MIB is ongoing and almost complete. Do I now have to withdraw that and start all over again with the insurance company ?

I have e-mailed the claims processor at Minster Law but have had no reply so far.

[Ganymede]

Call Minister Law this morning an utilise the professional legal advice you are paying for.

[The Phantom]

LOL, can I detect a hint of sarcasm

 

The claims processors at Minster Law are just that , administrators, when speaking to them they don't appear to be installed with much legal knowledge. They just mass process these claims on paperwork and when something like a curve ball occurs then I am met with silence.

But you are right I will have to call her today as she is simply not replying to my e-mails.

[Ganymede]

LOL, can I detect a hint of sarcasm

 

The claims processors at Minster Law are just that , administrators, when speaking to them they don't appear to be installed with much legal knowledge. They just mass process these claims on paperwork and when something like a curve ball occurs then I am met with silence.

But you are right I will have to call her today as she is simply not replying to my e-mails.

 

Just a bit.

[The Phantom]

Aaaahh.. just what I thought

[The Phantom]

Spoke to MIB yesterday. Claims handler said she got my e-mails but hadn't done anything with them as she has had no time. Great. For what they charge I think " i was too busy to deal with you" is pretty poor.

She said she would pass the info on to the MIB and we will have to wait and see what they say.

I feel a bit ripped off now, I could do that my bl**dy self. And faster !

[dacouc]

Here now the latest.

No ID Parade after all, the police seemed to have lost interest and are now saying (without an ID Parade) that the owner / keeper was not the driver at the time (not sure how they know that ) but he won't tell them who drove the car so they will prosecute him for that. The car was scrapped but only after the accident so the vehicle is now gone.

However, with my MIB claim almost at the end (solicitor submitted it back in April to them) the police phoned me today and said the owner/keeper has produced some insurance details I could make a claim against.

I have no idea where this is now coming from after everybody told me the car wasn't insured at the time of the accident (including the police) and now they have some insurance details for me almost six months after the event.

What do I do now ? My claim with the MIB is ongoing and almost complete. Do I now have to withdraw that and start all over again with the insurance company ?

I have e-mailed the claims processor at Minster Law but have had no reply so far.

 

The situation is that now there is a motor policy in place your claim would normally be referred to the Insurer of the vehicle as the RTA makes the Insurer liable, however this is only if a judgement is obtaine against the driver, in practice the driver of the vehicle only needs to be identified for the insurer to be liable.

 

As no driver of the vehicle has been identified your accident is in effect with an uninsured driver so will come under the umbrella of the MIB, however membership of the MIB for an Insurer (Which is compulsory in the UK) is subject to the MIB's articles of association which will mean claim will be handledand paid by the Insurer of the vehicle but under the umbrella of the MIB under the obligations & liabilities of the MIB 1989.

 

The Insurer in this situation is known as an "Article 75 Insurer".

 

If you need any clarification on this give us a shout.

[The Phantom]

Thanks for that, so basically the MIB and the newly emerged insurers will sort it out between themselves but the MIB will continue to deal with my claim ?

The Minster Law claims processor didn't know and said we will have to wait and see....

[dacouc]

It will be the Insurer who handles the claim, however I expect there will be a delay before they accept this as they will want to wait for the Police to see of their policyholder identifies who the driver of the vehicle was. If the P/H identifies the driver then the Insurer will have a Statutory duty to deal with the claim under Section 151 2) B) as you would then be able to satisfy 151 2b by obtaining a judgement although this is not necessary as the driver only needs to be identified.

 

http://www.legislation.gov.uk/ukpga/1988/52/section/151

 

Assuming they don't identify the driver, I strongly suspect the P/H will say the vehicle was stolen or TWOC to protect themselves from a permitting a vehicle to be used without insurance conviction and / or failing to report an accident. The Insurers are then likely to want to correspond with their p/h about the situation and probably also send an investigator out to their client once they've got to the bottom of it they often enter into arguments with the MIB about whether or not they're an article 75 Insurer.

 

If you're googling Article 75 Insurer, be careful as it changed in June 2010 so some of the information on the web is out of date now

[The Phantom]

The owner is not telling the police who the driver was, so they said they will prosecute him for that and for failing to notify the insurers of an accident.

He told them the car was scrapped, but the police found out that the car was scrapped after the accident.

[mike moss]

Hello,

. I took a photo of his car and registration plate with my mobile.

It really is annoying when people drive around without insurance! I would have been tempted to get a photo of the guy himself. But there again, you were not to know he had no insurance.

[The Phantom]

I tried but he was too quick getting back into his car, the picture was too blurred to be used. The mobile phone camera always takes a moment in order to focus and he kept moving so picture was unusable.

I was also in two minds about whether it was legal to take a picture of someone without their permission.

[mike moss]

I tried but he was too quick getting back into his car, the picture was too blurred to be used. The mobile phone camera always takes a moment in order to focus and he kept moving so picture was unusable.

I was also in two minds about whether it was legal to take a picture of someone without their permission.

 

No it is not, even though most people think it may be so. Provided the person is in a public place, you are free to take anyones photo. I think I may have been tempted to get a copy of his DNA, by punching him on the nose. (Only joking) Hope you manage to get things sorted, even though things do not look too good .

[dacouc]

No it is not, even though most people think it may be so. Provided the person is in a public place, you are free to take anyones photo. I think I may have been tempted to get a copy of his DNA, by punching him on the nose. (Only joking) Hope you manage to get things sorted, even though things do not look too good .

 

In an ideal world it's best to take at least a picture of the driver but if possible all of the passengers in the other car (If it's a non fault accident)

[dacouc]

The owner is not telling the police who the driver was, so they said they will prosecute him for that and for failing to notify the insurers of an accident.

He told them the car was scrapped, but the police found out that the car was scrapped after the accident.

 

As detailed in my previous post I expect his Insurers will engage in a fairly prolonged investigation before they accept "Liability".

 

I would recommend you get onto the MIB whose staff will understand the law and what happens better than the Minster Law staff, they should be able to explain what happens next. This will also hopefully save some time as they can get in contact with the police to obtain the details of the Insurance or trace them through the MID (Insurance database).

 

If you don't get onto MIB about it the process will become much slower than if you do contact MIB

[The Phantom]

I spoke to Minster Law about two weeks ago and they said they would pass the info on to the MIb and get back to me. I have still not heard anything. Have chased them at the beginning of the week and still nothing. They don't even reply to me.

 

Initially they said they disclosed my information with medical report on the 20th of April and the MIB had 6 weeks to respond, so basically until the 8th of June but of course they were meant to have passed the insurance details on to the MIB two weeks ago which may have thrown a spanner in the works.

So at the moment I am still in the dark about what is going on as Minster Law is not responding to my enquiries.

 

I am reluctant to phone the MIB direct and sort it out as I am paying Minster Law 25% of my comp to do this for me. But I think they are doing very little for 25% share. I have a feeling at the moment they are actually doing nothing at all and not following this up and just sit and wait for the MIB to contact them at some point.

As I am not getting any joy from Minster Law and I may have to phone the MIB myself, but don't want to get pushed into doing Minster Laws job for them and still have them deduct 25% of the settlement figure.

 

Annoying...

[Conniff]

As they are not responding to you, write to Minster Law by recorded delivery and tell them that as they have ignored all communication from you that your offer of 25% of any compensation is withdrawn.