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Advice on complicated car crash - The_Russella
In March this year I was involved in a fairly nasty car crash and then assaulted by the driver of the offending vehicle, resulting in a stay in hospital. The driver also drove off without leaving any details after the incident.

The good news is the whole incident was captured on my dash cam and the police were informed on the day along with my insurance. All the repairs have been competed on my car and my insurers are perusing it as 100% non fault on my behalf. I have also had to pay my excess and lost money having to take time off work due to the injuries sustained from the whole affair.

The police have since caught up with the car, however, the owner of the vehicle was not the person who was driving that day when the crash and assault happened. The car owners excuse to police is that his friend took the car keys without his knowledge after a house party, the cars owner is also refusing to give his friends details to the police (presumably because his friend has no insurance). It should be noted the cars rightful has fully comp insurance.

The police are still dealing with the incident and at no point did the owner of the vehicle report it as stolen and he has made no attempt to contact his insurance since the incident even though his insurance have chased him multiple times. I am also pursuing the incident through motor legal protection too.

My question is does anyone have any experience of what the outcome of this could be? I’m concerned that this whole situation could leave me out of pocket.

To anyone who has had similar experiences to this I would be grateful to hear how you got on.
Advice on complicated car crash - Falkirk Bairn

19 years ago I was hit by an uninsured driver although the actual car was insured - my car was 13 days old.

Between an uncooperative driver and an insurer that did not want to pay out I got a settlement.

It took 2 years and the offer was made at 4pm on the eve of the court case.

The thought of perjury made the driver agree it was their fault & the insurer settled.

The driver was the girlfriend of a known gangland figure - I did not know that at the time.

My lawyers bill exceeded the car repair cost - but was settled in full.

A £1200 car repair yielded a total bill of £7500 - I claimed personal injury £4000 only after the MB garage & insurer messed me about for many months. It took 3 years to cure the injury in the end.

The MB garage, the car owner, were uncooperative (they said they has a waiver that the customer was using their own insurance) until I saw the company legal man - I said if the car is uninsured I am reporting you to the police as allowing a car on the road uninsured - he caved BUT then the insurer just kicked the ball into the long grass for 23 months.

Just have patience - it will be resolved but it will take months.

Edited by Falkirk Bairn on 02/05/2020 at 11:36

Advice on complicated car crash - focussed

I would think it would unfold something like this:-

The police will probably put it to the owner of the car that they do not believe the story that the person who "borrowed" the car took it without the owner's permission.

They will also remind the owner that the penalties for permitting someone else to drive uninsured are the same as if you were caught driving with no insurance. These penalties are a fine of up to £5,000, an endorsement of between six and eight penalty points on your driving license and a possible disqualification from driving.

They will then again ask the owner to name the driver.

If he again will not name the driver he cops the full monty as above as he is now responsible.

If he does name the driver that's a whole new ball game.

The driver can then be investigated for assault, taking without owner's consent, leaving the scene, not reporting an accident, driving without insurance, plus any other driving offences around the cause of the accident as it is on dashcam video.

As you then have the driver's details you could take out a civil action after any criminal court case to recover your financial shortfall.

I'm not sure as the whether the owner could be deemed responsible in a civil court for your costs if he doesn't name the driver.

Edited by focussed on 02/05/2020 at 23:59

Advice on complicated car crash - The_Russella
Thank you both for your responses, very helpful.
Advice on complicated car crash - gordonbennet

Whilst i have nothing else to offer following the two excellemt replies above other than i hope the OP gets some justice here and the old bill nicks that thug big time, this does highlight how having legal protection insurance is worthwhile, maybe even more desirable with what we are more than likely about to receive in the coming recession/depression.

Advice on complicated car crash - focussed

It would be good to have an update from the OP - nearly a month since posted.

Advice on complicated car crash - Robbie

In 1972 I was hit from the rear when I stopped at a zebra crossing. My 18 month old car was severely damaged and the other car's engine dropped on the floor. I was in shock and managed to get the other driver's address but no insurance information. When I 'phoned him the following day he refused to give me any information about his insurance and refused to inform them. I managed to get his insurance details and contacted his company but they refused to deal with me ass the insured had not made a claim.

My brother was a police officer and he advised me to sue the driver and recommended a solicitor. Some time later it went to the County Court, and the barrister who represented me came to an agreement with the insurance company and the matter was settled out of court. I was paid damages and reimbursed for costs. I am sure the insurance company was not very happy with the insured as it must have cost them a lot more as they would also have had to pay the legal costs.

Take the driver to court and he will soon contact his insurance company if he is going to be out of pocket.

Advice on complicated car crash - focussed

"Take the driver to court and he will soon contact his insurance company if he is going to be out of pocket"

He can't because the "driver" is unidentified.

It's no good trying to take the owner to court because he wasn't driving.

We're still waiting to hear the outcome of all this.

Advice on complicated car crash - concrete

"Take the driver to court and he will soon contact his insurance company if he is going to be out of pocket"

He can't because the "driver" is unidentified.

It's no good trying to take the owner to court because he wasn't driving.

We're still waiting to hear the outcome of all this.

The OP is totally reliant upon what the police do next. My guess would be they should insist the RK of the car disclose the driver details or they could arrest him for obstruction of justice or similar. Until that happens nothing will move. Do not expect an insurance company to intervene. The car insurance may insist the actual driver foot the bill via a private prosecution. Only viable if the offender has any assets. Maybe your own insurance would be amenable to assist you in that. Worth asking. Good luck and give us an update.

Cheers Concrete