Audi A3 - Driver with insurance in uninsured car in accident

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Sat 21 Mar 2015 21:38
Audi A3 - Driver with insurance in uninsured car in accident - Vidvid

I have comprehensive converage on another vehicle, and certificate stated I will be covered as third party when driving another car, with condition that the car should insured without my name on the policy.

I had borrowed a car from friend to tie me over a couple of weeks while searching for a car for myself. The car has valid tax disc and even breakdown cover. However, she had failed to mention that she had cancelled her insurance policy in last December, which should last till this August. The reason she did not mention was she thought that it was sufficient with my insurance coverage.

Few days ago I had an accident, and I believe I am to blame. When reporting this to my insurer, they could not find any reference of insurer on the car, that was when I realised such situation. Because of that, my insurer refuse to take on the claim from the third party because the car was uninsured. This resulted in myself being an uninsured driver in the accident. I do not want to incur more grief to the third party, therefore had texted him about the situation and asked him to have his insurer contacting me so as to work out a financial plan.

However, my concern is will this ended in a court case against me driving without insurance. The penalty could be severe and I could be banned from driving. This could have me lose my job because my work requires me to be able to drive. Without that, I cannot feed my family or pay the third party. Is there anything I can do to prevent this from happening?

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Sat 21 Mar 2015 21:53
Audi A3 - Driver with insurance in uninsured car in accident - dacouch

It's very unlikely you will be prosecuted for no insurance.

Which Insurer are you insured with?

I ask as not all Insurers stipulate that the other car must have it's own insurance. However a lot of staff incorrectly believe the car must be insured.

If you let us know which Insurer it is we can check with their policy wording

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Sun 22 Mar 2015 09:05
Audi A3 - Driver with insurance in uninsured car in accident - Vidvid

I hope I will not be prosecuted...

I am with Swiftcover

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Sun 22 Mar 2015 09:44
Audi A3 - Driver with insurance in uninsured car in accident - scot22

Dacouch will give you knowledgeable and excellent advice.

However, I just wanted to add that I hope everything will be O.K for you. It is good to read of someone who is being totally honest in an accident and doing his best to compensate the third party.

You have done everything in good faith.

My very best wishes.

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Sun 22 Mar 2015 13:13
Audi A3 - Driver with insurance in uninsured car in accident - dacouch

Unfortunately Swift are one of the Insurers who specifically state in their policy wording the other car must hold it's own Insurance.

Generally your own Insurers and the third parties Insurers will not inform the police if the these circumstances that you were driving uninsured.

If the matter is referred to the MIB www.mib.org.uk/Home/en/default.htm who are funded by Insurers to handle and pay uninsured drivers claims there is a chance they may inform the police although the police do not always follow these up.

However if your Swift CERTIFICATE OF INSURANCE states next to the section stating you're covered to drive other cars that the other car needs to hold it's own Insurance. (I have a feeling Swift are one of the few Insurers that state this on the Certificate) then should the MIB refer it to the police then technically you may not have been covered in the eyes of the Road Traffic Act. If it does not state on the CERTIFICATE that the other ca must hold it's own Insurance, then the chances are this is valid proof in the eyes of the Road Traffic Act that you were covered (Although this will not mean Swift will pay the third parties claim).

The above is because the Certificiate is a legal document that complies with the RTA and states what you are covered to drive for third party risks so the authorities can see if you're covered as per the RTA.

Pryor v Manchester Police touchs on this in a similar but not exact case.

www.bailii.org/ew/cases/EWCA/Civ/2011/749.html

If the claim is not to large, I would recommend you handle and pay it yourself if this is feasible. If it goes to the MIB or the third party Insurers or a Claims Management Company become involved the costs can shoot up which ultimately they will pursue you for anyway.

What are the circumstances of the accident as it may be that you're not liable as these are not always easy to judge for the layman

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Sun 22 Mar 2015 13:50
Audi A3 - Driver with insurance in uninsured car in accident - Vidvid

Thankyou for the information. That was what I had guessed. Can I argue the case that my friend being a foreigner had misunderstood about the insurance situation, and said that there is insurance coverage on the vehicle, which turns out to be breakdown cover. She genuinely thought that breakdown insurance was what is required and my insurance will cover the vehicle.

The cicumstances seems quite direct. I was a little tired after long day of work, little sleep night before due to little one, new job location that required much longer journey and terrible traffic jam prior to the accident that almost doubled the normal travelling time. So I lost my concentration and accident happened. I do not think that there is any other reason apart from dragging road work into this, but it is not helping on the circumstance.

The plea that I can provide is I need to drive for my work, and hence will lose my job over this. Having a pregnant wife meaning I will be sole bread winner after several months later, making life really difficult for all 4 of us then. If I lose my job, I will change from tax payer to benefit seeker, increasing the load to the job seeker sector instead of helping it.

I do not know what is the claim amount, unless the insurer or MIB or third party contact me themselves. I can ask, but it seems inappropriate to do so that soon after causing the situation. I may do that after a few more days. The answer from the third party so far is to have the insurer dealing with the case.

Do you think I would need a solicitor for this? Or should I only react to this after knowing for sure there is a court case. When would I be notified if there is one normally?

Edited by Vidvid on 22/03/2015 at 13:56

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Sun 22 Mar 2015 13:52
Audi A3 - Driver with insurance in uninsured car in accident - Vidvid

Thankyou scot22. It is very frustrating and stressful as I have had several vehicles before and never failed to have insurance on any of them. And I borrow this car to tie me over till the end of this month, which is about one more week away, then this happens...

It is a very expensive lesson but I don't think the third party should suffer for this instant. I do not know what is the amount yet, which I may not be able to afford, but I want to do what I can.

I hope that I will get out of this fine too...

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Sun 22 Mar 2015 14:18
Audi A3 - Driver with insurance in uninsured car in accident - dacouch

I would not worry about the possible no insurance conviction as it's very unlikely unless it goes to the MIB in which case it's a possibility.

You did not answer whether or not your CERTIFICATE states next to the driving other cars cover whether the other car needs it's own insurance

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Sun 22 Mar 2015 14:26
Audi A3 - Driver with insurance in uninsured car in accident - Vidvid

I am sorry..

The certificate states that "the ownder of the car has valid insurance in force on that car which does not cover the policyholder on this policy to drive that car"

So I would say yes, it is stated.

That is the frustrating part, because my friend thought the insurance needed is breakdown cover insurance and therefore said yes, there is...

Edited by Vidvid on 22/03/2015 at 14:31

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Sun 22 Mar 2015 15:04
Audi A3 - Driver with insurance in uninsured car in accident - dacouch

I had a feeling Swift put that on their Certiicates, this means should the police become involved then you cannot show a certificate confirming you were covered.

As I mentioned you and their Insurers are unlikely to involve the police, however if the claim goes to the MIB they may involve the police.

If you have the funds to pay the other persons claim and can avoid it reaching the MIB I recommend you do this.

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Sun 22 Mar 2015 15:55
Audi A3 - Driver with insurance in uninsured car in accident - Vidvid
Thankyou. I do not know what to expect until someone contacted me. I will contact the third party towards the end of next week and see how to go from there.

I may come back to seek further advice as this goes on. Thankyou very much for your time!
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Mon 23 Mar 2015 12:22
Audi A3 - Driver with insurance in uninsured car in accident - Logician

There seems to be no reason why the police should get involved with this and prosecute you for no insurance, but even if that should happen the penalty is 6 to 8 points, and the circumstances you describe would be likely to lead to 6 points, so unless you already have 6 points on your licence I do not think you need be concerned about a possible disqualification. The fine would be equivalent to one week's net income, taking account of a guilty plea, plus a surcharge of 10% (minimum £20) plus costs of £85 if dealt with in court of £200 + 6 points for a fixed penalty. Insurance companies do not like that code on your licence, so your premium would suffer.

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Mon 23 Mar 2015 12:36
Audi A3 - Driver with insurance in uninsured car in accident - skidpan

Uninsurred drivers cost us all extra money on our annual premium so why should the OP get away with driving without insurance. Every week in our local free sheet there are cases of uninsurred drivers being prosecuted and fined so its obvious to me the police are actively looking for such road users.

Ignorance of the fact the car was not insurred is no defence.

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Mon 23 Mar 2015 12:51
Audi A3 - Driver with insurance in uninsured car in accident - RobJP

To be fair, the wording that has been quoted is as clear as mud. If my insurance policy said that (and I've no idea if it does or not), I'd need to read it through very carefully to be certain as to what it did or did not cover.

While I usually agree that 'ignorance of the law is no defence in the eyes of the law', this case appears to be one of someone believing they were complying with the law, and being caught out by 'lawyer-speak'.

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Mon 23 Mar 2015 22:01
Audi A3 - Driver with insurance in uninsured car in accident - scot22

I agree Rob. The OP has made an innocent mistake. He is very different to those knowingly driving without insurance.

Wonder how much money, 'whiplash' claims cost us. Never heard of anyone being called to account. Maybe there has.

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Sun 5 Apr 2015 18:36
Audi A3 - Driver with insurance in uninsured car in accident - Vidvid

Hi John,

I am back with some advice seeking...

I am estimating quite a substantial compensation amount because of the age fo the third party vehicle and the personal injury and loss claim, and it is going to be out of my financial capability to do so in lump sum. I understand that I can negotiate for payment plan, but at the same time, I am just buying a property, and expecting the completion date to be next couple of weeks.

I do not know how does payment plan works, and the very worrying part for me is if the creditors have the right to force me to sell the property to get pay for the compensation amount? How does the assessment of payment plan work? What is the typical interest if there is any involved.. Is there any route that I can take to seek financial assistance, or anywhere in the legal system that can help me lighten the compensation amount?

It is a stressful period for me and my family, I have 3 cars throughout and never had one without insurance on any of them, and they are all comprehensive... However, this miscommunication had cost me almost everything that I have... Therefore, thankyou very much for all the understanding comments...

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Sun 5 Apr 2015 21:15
Audi A3 - Driver with insurance in uninsured car in accident - RobJP

You NEED a solicitor. NOT advice from on here, however wel-meaning we all hope to be. You NEED a solicitor who is being paid, has ALL the facts to hand, and can do this job properly.

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Sun 5 Apr 2015 21:27
Audi A3 - Driver with insurance in uninsured car in accident - scot22

Rob is right. The situation is such that you do need legal advice given directly. Forums have their limits and, in my view, can no longer give any meaningful advice on this complex problem.

Best wishes, hope it works out as you deserve.

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Tue 7 Apr 2015 15:55
Audi A3 - Driver with insurance in uninsured car in accident - skidpan

This may be your best option.

https://www.gov.uk/bankruptcy/overview

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Tue 7 Apr 2015 22:05
Audi A3 - Driver with insurance in uninsured car in accident - alan1302

This may be your best option.

https://www.gov.uk/bankruptcy/overview

Very unlikely - that could be one of the worst possible options.

The op needs to get proper legal advice and not random musings on here now.

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