Soldato
I think what the OP means is that the owner of the other vehicle is claiming he sold it BEFORE the accident, and therefore it wasn't his vehicle at the time of the accident.
It's all b******* of course.
It's all b******* of course.
Accident- 3rd party trying to get out if it
- Thread starter Gunner786
- Start date
Soldato
Lol car owner is upset probably had a bit of a row, he'll give up soon
Even if they sold it before the accident and some other woman happened to have hit you (obviously we know that is a lie). If the insurance they had was still valid on the vehicle and it has no alternative insurance, they are still liable and their insurance (Aviva) will pay out.
It is why you should always remember to cancel your insurance exactly when you've sold your vehicle.
It is why you should always remember to cancel your insurance exactly when you've sold your vehicle.
Soldato
Of course his Insurer will take his word. It means they can refuse to pay out.
I thought that as well. If you have a SOP for an accident your having too many accidents.
Soldato
This is something that the French fixed years ago. There’s transfer of ownership form that both seller and buyer sign which has the time, date and location of sale on it. The moment the form’s signed, the new owner is legally responsible for the vehicle. It also means that the seller can’t have a crash, sell the vehicle at a later date and claim it was the new owner that crashed.
In an accident two days ago, where he admited liability immediatly. Now seems like he might be reversing this due to his admin clerk convincing him he legally can't. Wish I'd got a video confession out of him now.
There is no rule about notifying insurance. This is not a legally defined concept.
It is irrelevant anyway. Aviva are liable under RTA unless they removed themselves as the insurer from MID in time. Which is unlikely as their policyholder is lying.
https://www.midportal.org.uk/
How does this work?
Aviva need to declare they are not insuring the vehicle anymore, before any accident happens. Otherwise they are on the hook for third party claims. That is why you need to tell your insurer as soon as you've sold the vehicle to avoid this risk.
The only time they could avoid it is if there was another insurance policy on the vehicle that is more appropriate, i.e. it is insurance that applies to the driver at the time of the accident.
You need to detail everything that happened and you insurance company should pass this on to Aviva. You should have an accurate description of the driver. Hopefully Aviva will work out that their policyholder is lying and that playing hardball will cost them more in the long run. However, they will be careful about calling their own policyholder a liar as they could complain and then it becomes even more of a pain for Aviva, especially if it turns out they were telling the truth.
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Where did you get Aviva's details from?
If Aviva had it on record as being insured by them, they can deny it all they want. They are liable. You don't get to retrospectively change that for third party claims. It's up to your insurance company to get them to pay.
Got all this info from my own insurance
Soldato
You say you have camera footage, does this include the person who opened the door being visible or just the car door/vehicle?
Did the person give you the details, written or verbally?
The most important thing for you is to be able to identify the person who opened the door, if it was his wife for example. have you tried searching facebook etc, or does he have a website, often wives are included to do some admin to take a salary etc so are often shown under things like "meet our staff" etc
If you can somehow prove its her his story of selling it will be proved false. I would really focus my attention on her right now if I was you. You havent answered, did you have any footage of her?
There are two main types of fleet policy, ones for small fleets (ie really for a small business) and motor trader policies. The first is registered registrations, the benefit comes from slightly pooled rates, the second will be more of a general un detailed vehicles allowing them to carry on normal business via trade plates. The fact you have picked up as insured makes it sound like the first instance, these operate just like a normal individuals policy in regards informing of changes etc
Can you ask your insurance if they have the ability to check with DVLA on if its been registered to a new keep and the date.
You could have course write to them yourself and say you were involved in a RTA where it showed as insured by the person is now claiming they sold it, could they confirm the registered keeper and if recently changed could they please confirm the date.
Did the person give you the details, written or verbally?
The most important thing for you is to be able to identify the person who opened the door, if it was his wife for example. have you tried searching facebook etc, or does he have a website, often wives are included to do some admin to take a salary etc so are often shown under things like "meet our staff" etc
If you can somehow prove its her his story of selling it will be proved false. I would really focus my attention on her right now if I was you. You havent answered, did you have any footage of her?
There are two main types of fleet policy, ones for small fleets (ie really for a small business) and motor trader policies. The first is registered registrations, the benefit comes from slightly pooled rates, the second will be more of a general un detailed vehicles allowing them to carry on normal business via trade plates. The fact you have picked up as insured makes it sound like the first instance, these operate just like a normal individuals policy in regards informing of changes etc
Can you ask your insurance if they have the ability to check with DVLA on if its been registered to a new keep and the date.
You could have course write to them yourself and say you were involved in a RTA where it showed as insured by the person is now claiming they sold it, could they confirm the registered keeper and if recently changed could they please confirm the date.
The lady was not visible in the dashcam footage but i have pics of her. The car was stationary in a parking bay so maybe they were just getting something from the car. I also think its the first type of fleet policy you mention.