1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

crashing into someone with no insurance

Discussion in 'Motors' started by minidan, 16 Jan 2006.

  1. minidan

    Hitman

    Joined: 23 Oct 2002

    Posts: 747

    Location: leeds/bradford

    a bit ago i started a thread telling you i crashed my mums car, police are doing me for driving without due care and attention (tho i swear i wasent i cant proove it so i have to bend over and take it) anyway i just got a letter from the police saying that the guy i hit (about 40 year old in a mk4 astra and i wrote both cars off) saying that he had no insurance and no MOT. why have they told me this? does it mean i dont have to pay for a new astra and dont loose my exess (wich was 500 quid!) ? i understand that it makes no difference to my case of what they see as driving without due care and attention but does it mean i dont have to pay for him?

    btw instead of the police taking me to court and me losing my licence for this they have offerd me a course that i have accepted to "make me a better driver" for 180 quid its 1 and half days long, has anyone done it before? they are messing me about i think as they send me the letter saying that the course is in 10 days and i have to pay for it 3 weeks before the date hahaha.

    thanks, Dan
     
  2. Oblivious

    PermaBanned

    Joined: 25 Oct 2003

    Posts: 4,028

    Location: East Midlands

    I don't know the circumstances, but I'd take the course.

    In regards to the other guy having no insurance, I guess he will be prosecuted by the police. Don't know how that will affect you.
     
  3. minidan

    Hitman

    Joined: 23 Oct 2002

    Posts: 747

    Location: leeds/bradford

    yeah it does say he will be taken to court and i should pass the letter to my colicitor and insurance co. and i will do.
    i am taking the course as i said i cant proove i wasent driving like a *** on that night and they obviusly think i was so i am much safer taking this than risking my licence.

    also does it mean my mum will get to keep her no claims as no claim has been made?

    thanks, Dan
     
  4. Tesla

    Capodecina

    Joined: 19 Jan 2003

    Posts: 17,405

    Location: Bristol, UK

    Well if you dont want to claim you dont have to.

    Say I drove into something like my own tree writing off my car. If I didnt want my car (or tree) fixed then I wouldnt claim.

    As you drove into this guy who is uninsured, you don't want to claim so then don't. He cannot exactly claim as he is uninsured and driving a un-roadworth vehicle.
     
  5. Jet

    Mobster

    Joined: 19 Oct 2004

    Posts: 2,952

    Location: Newcastle

    Surely it's irrelevant whether the guy had insurance. You crashed into him. It's not his fault, him having insurance would have had no bearing on the accident.

    He will be charged for having no insurance because its a crime but that's an aside.
     
  6. minidan

    Hitman

    Joined: 23 Oct 2002

    Posts: 747

    Location: leeds/bradford

    i know the crash happend and i know i will get done it dont matter if i hit him or a lamp post they think i cant drive i am not saying that.
    but if he hasent got insurance then he doesent get paid out for his car does he? and since my exess only pays for his car (as my mums was only tpft iirc) then then i wont have to pay for his car becouse he had no insurance if you can understand what i am saying? also my mum lost her NCD, she should also get this back too in my eyes becouse there no claim if he has no insurance?

    Dan
     
  7. Trickle

    Wise Guy

    Joined: 18 Oct 2002

    Posts: 1,706

    Location: Sheffield

    Do you get off being charged with driving sans due care and attention if you go on the course, or are you guilty either way and are choosing between points/ban + fine vs £180 and 1.5 days on a course that may either be fun or mind numbingly boring?

    If the accident was deemed your fault I dont see it making any difference whether the other guy had insurance or not. The only thing it could be useful for would be if you had a lawer and he was trying to destroy the credibility of the other guys argument about it being your fault - I dont know what the poilice have on you so dont know if that is of any significance.
     
  8. minidan

    Hitman

    Joined: 23 Oct 2002

    Posts: 747

    Location: leeds/bradford

    basicly i went straight on on a corner when obviusly i went round it, me endine up on the other side of the road with an astra in my bonnet. i wasent driving liek a loon or anything it was wet and i can not honestly say why the car went straight on. aprt from the tyres were 7 quid each (thanks mum) and i think i just went into the corner on the inside and turned to fast so it understeered, anyway i would have a terible time and probably fail at convincing the court of this (as is the same with everyone in here i supose) becouse none of you know me. yes i have had traffic light GPs and have had silly moments but this WAS NOT one of them but i have nothing at all to proove this and i know if i go to court saying i dident i WILL be told i was and loose my licence plus a fine. alternativley i get bored to death watch some nasty videos of crashes and pay 180 quid (no fine on top) and live hapily ever after buying my mum a new car etc.

    but i did loose my exess this is to pay for his car becouse ours just got wrote off right?

    and also my mum lost her NCD but he cant claim for his car becouse he has no insurance right?

    thats all i want to clear up i know i have to take this course and i am not bothered. if they dident offer me it then i would probably go to court and argue best i can but i feel quite lucky to have had this opertunity altho even this light 'punishment' is still not right.

    i just want to know if he has no insurance, then can he take my exess money lol.

    thanks, Dan - sorry i go on a bit i have trouble getting to the point lol
     
  9. Tesla

    Capodecina

    Joined: 19 Jan 2003

    Posts: 17,405

    Location: Bristol, UK

    He claims for his car off of your Mum's insurance.
     
  10. minidan

    Hitman

    Joined: 23 Oct 2002

    Posts: 747

    Location: leeds/bradford

    yeah i know but i was second driver on my mums insurance. but if he has no insurance he cant claim?
     
  11. Vertigo1

    Capodecina

    Joined: 28 Dec 2003

    Posts: 15,116

    Yep, whilst I personally think anyone driving without insurance should be locked up and at the very least be prevented from making any third-party claims against anyone else's insurance, unfortunately the law doesn't see it this way.

    Unless I'm much mistaken he'll be able to claim against your insurance as it was your fault.
     
  12. minidan

    Hitman

    Joined: 23 Oct 2002

    Posts: 747

    Location: leeds/bradford

    so he has no insurance but he wiull get paid out for his car get a smack on the wrist. i loose my exess my mum loses her NCD and we get nothing for the our car (i accept it was our choice to have TPFT)
    i cant beleive he still gets paid out for his car if he had no insurance.

    Dan
     
  13. Vanilla

    Sgarrista

    Joined: 18 Oct 2002

    Posts: 9,185

    He claims on your insurance because it was your fault. if he had insurance that would protect HIM in case he had an accident that was his fault.
     
  14. Locky

    Capodecina

    Joined: 14 Oct 2003

    Posts: 12,511

    Location: Leicestershire/Derbyshire


    yes it is his fault as the guy shouldnt of been on the road in the first place
     
  15. Tesla

    Capodecina

    Joined: 19 Jan 2003

    Posts: 17,405

    Location: Bristol, UK

    This is how I would like to view the situation but I don't think the law will view it like this?

    People who avoid tax, MOT and insurance are scum.
     
  16. VBDub

    Hitman

    Joined: 25 Aug 2004

    Posts: 644

    Im probably doing the very course you speak of soon. A couple of my mates have done it.
    Seems to be popular with manchester police!

    They basically lecture you for half a day, then put you in a car like a 106 and as you drive around they tell you what you are doing wrong.

    Basically they take the mick out of you for £180.
    but then you dont get points or driving without due care and attention on your license so its well worth it.
     
  17. Quantic

    PermaBanned

    Joined: 15 Sep 2005

    Posts: 653

    It does not matter a JOT that he does not have insurance because the accident was YOUR fault. Therefore, he will claim on your mum's insurance. She will definitely lose her NCD and the excess will have to be paid. That is how the insurance works. He will be prosecuted for no insurance of course, but that has no bearing on his claim to your insurance.

    Sorry :(
     
  18. minidan

    Hitman

    Joined: 23 Oct 2002

    Posts: 747

    Location: leeds/bradford

    thank you quantic that is the reply i was looking for (clear and not the information it holds you understand lol)
    oh well was a good thought while it lasted but what ever.
    yeah if he wasent there like he shouldent have been i would have been able to correct myself in time so i should sue him (in this crazy world, i would probably get away with it)

    thank you. Dan
     
  19. Dr Who

    Sgarrista

    Joined: 11 Nov 2004

    Posts: 8,038

    Location: Wiltshire

    Of course he can..

    Just like if you crash into a wall the homeowner can claim...
     
  20. Vertigo1

    Capodecina

    Joined: 28 Dec 2003

    Posts: 15,116

    Err, what!?

    If he hadn't been there, maybe you'd have skidded onward and mounted the pavement, maybe even hitting a pedestrian as happened to an aquaintance of someone on this forum recently.

    Whilst I have no sympathy for uninsured drivers, in all honesty I think you need to deal with the basic fact that this accident was your fault and no-one elses. The fact that the police are pursuing and charge of driving without due care and attention indicates that there were no extenuating circumstances, such as ice or oil on the road, and that you simply lost control of the vehicle.

    Saying you're going to sue the guy because he shouldn't have been in your way when you skidded over the road is just madness.