Bumped someone with no insurance, 2 years later they want £7000
- Thread starter morguk
- Start date
He means no immediate and visible injuries (ie legs hanging off and that sort of thing) As far as the Police were concerned there were no injuries to deal with on the scene.
He's right about the insurance thing too, front desk officer told me "Oh don't worry about that, it's only a producer" when I pointed out I didn't have insurance for that particular vehicle until the day after I'd been stopped.... no further action when I could quite easily have been done for driving uninsured.
anybody know how old the insurance database is ?
as in this day and age of computerized databases and ANPR cameras, there should be no need for producers. Quick phone call to the insurer at the side of the road can clear it up if the person says they do have insurance but its not on the database.
It doesnt, then size the car there and then. No need for a producer as they dont have insurance, so dont give them a chance to go buy it.
Least thats what the cop TV programme makes out happens. Unless thats either A) a new thing or B) just for TV.
as in this day and age of computerized databases and ANPR cameras, there should be no need for producers. Quick phone call to the insurer at the side of the road can clear it up if the person says they do have insurance but its not on the database.
It doesnt, then size the car there and then. No need for a producer as they dont have insurance, so dont give them a chance to go buy it.
Least thats what the cop TV programme makes out happens. Unless thats either A) a new thing or B) just for TV.
Soldato
- Joined
- 14 Dec 2005
- Posts
- 12,488
- Location
- Bath
On a related note: Is the insurance database just a 'yes/no' or is it the actual details?
Because on the cop TV programmes it's always that a car is showing up as insured or uninsured. It's never actually that yes the car may have an insurance policy but that driver driving it right here right now isn't a named driver on that policy, so he isn't insured.
What I would be doing is looking into the specific laws surrounding the MIB and their rights/obligations. Yes, Clare was driving uninsured but it seems she has been given no opportunity to contest the legal action being taken by the 3rd party and these are the grounds I would be using to contest the MIB's demand for reimbursement.
I would also propose writing to the people who put in the (presumably) false personal injury claim. Perhaps they were viewing it as a "victimless crime" and weren't aware that the MIB would come after you for the money. You could appeal to their better nature. It's a longshot but worth a try.
I would also propose writing to the people who put in the (presumably) false personal injury claim. Perhaps they were viewing it as a "victimless crime" and weren't aware that the MIB would come after you for the money. You could appeal to their better nature. It's a longshot but worth a try.
Man of Honour
- Joined
- 17 Nov 2003
- Posts
- 36,747
- Location
- Southampton, UK
Yes it is. Named drivers are listed on MID.
You were lucky with that one!
One, it can take time for insurers to put policies on the database.
Two, 'so dont give them a chance to go buy it' - doesn't matter, they do not have a time machine to travel back in time and take out a policy DATED and TIMED before the incident.
Very. I've always had insurance, I don't think there's been a time since I started driving that I haven't had a policy in force.
About 7 years ago I bought a car, rung up, swapped insurance from old car to new car, didn't really pay much attention to the conversation, hung up and went for a drive. Got stopped (completely random stop check, this was well before ANPR/MID etc) and asked to produce.
New insurance docs arrived a couple of days later, checked the dates - I was insured on the "wrong" car at the time I was stopped
I could easily still be paying for that mistake now....
When you perform a vehicle check over the radio the person on the other end of the radio compares the car reg against the Police National Computer (PNC.) The PNC contains a wealth of info: insurance company, main driver, registered keeper details, named drivers, date policy started, taxed/untaxed, registered address etc etc
.OP/Clare/OP's brother whoever it was who actually crashed: If them costs are not recovered it'll fall on me and all other insured people to pay via our premiums. I have no sympathy.
Last edited:
OK, a few things here:
- It's within the limitation period
- The payout from the MIB was probably reasonable and within the guidelines for whichever PI was sustained. It won't be easy to dispute any of this.
- They're on the hook, they won't be getting any legal aid for this.
- A solicitor is not going to get you an awful lot further forward at this stage, even someone junior at a small firm is probably going to run up a £1k bill without really doing anything. It will also give the impression you've got a bit of cash which is not good.
- Get in contact with the MIB, plead poverty and try to cut a deal with them to get some kind of reduction.
If and only if you can't negotiate any kind of reduction then it may be worth getting some legal advice, however any reduction of a couple of grand will be partially offset by what the solicitors will charge you.
- It's within the limitation period
- The payout from the MIB was probably reasonable and within the guidelines for whichever PI was sustained. It won't be easy to dispute any of this.
- They're on the hook, they won't be getting any legal aid for this.
- A solicitor is not going to get you an awful lot further forward at this stage, even someone junior at a small firm is probably going to run up a £1k bill without really doing anything. It will also give the impression you've got a bit of cash which is not good.
- Get in contact with the MIB, plead poverty and try to cut a deal with them to get some kind of reduction.
If and only if you can't negotiate any kind of reduction then it may be worth getting some legal advice, however any reduction of a couple of grand will be partially offset by what the solicitors will charge you.
My current insurance doesn't auto renew. The front page letter sent with the documents states this in large simple text. As I usually wait until close to the actual renewal date before contacting I usually receive atleast two letters from them reminding me that I haven't renewed and that I won't be insured after the renewal date.
Thats simply not true, you cannot be held liable for someone else unless it it is joint loan/credit agreement or similar, just cos they have a bank account doesnt make his brother liable for her
I was given different advice, but I guess it also depends on how long you've lived together and so on. Common law and all that.
Everyone keeps going on about the statute of limitations.
Thsi has already been paid out to the third party and the MiB are simply trying to recover costs. The date will start from when they have paid out or when they have contacted claire.
Ignoring who is in the wrong with regards to the accident.
All she will have to do is write a letter to the MiB telling them that she is an un married house wife and can only afford £10 per month and chances are they will drop it.
They have to at least try to recover costs.
@Lum Its a common misconception I had a argument with a mate a few years ago because his financial Advisor said he may as well put his girlfriend on the mortgage as they had been together for 8 yrs she's entitled to half anyway. FAIL
A mate was lodging at another mates would he be able to claim half his house. NO
Thsi has already been paid out to the third party and the MiB are simply trying to recover costs. The date will start from when they have paid out or when they have contacted claire.
Ignoring who is in the wrong with regards to the accident.
All she will have to do is write a letter to the MiB telling them that she is an un married house wife and can only afford £10 per month and chances are they will drop it.
They have to at least try to recover costs.
@Lum Its a common misconception I had a argument with a mate a few years ago because his financial Advisor said he may as well put his girlfriend on the mortgage as they had been together for 8 yrs she's entitled to half anyway. FAIL
A mate was lodging at another mates would he be able to claim half his house. NO
when it comes to death rights there is only blood and marriage.
nothing else can be proved. Quite who would want to deny their partner of 8 years the house she is living in if they died i dont know.
But if we're talking separation then there is indeed no precadent for common law man or wife. The whole "entitled to half "thing is only to reach an agreement with which to terminate a marraige. Without her consent he doesnt get divorced, and she wont give her consent till she gets what she believes is reasonable. But if you dont actually get married, you loose all ability to hold the man to ransom. If there are children involved its different. But assuming a woman was living with her boyfriend, and the house was in his name, she would have no legal right to half the house when she moved out.
nothing else can be proved. Quite who would want to deny their partner of 8 years the house she is living in if they died i dont know.
But if we're talking separation then there is indeed no precadent for common law man or wife. The whole "entitled to half "thing is only to reach an agreement with which to terminate a marraige. Without her consent he doesnt get divorced, and she wont give her consent till she gets what she believes is reasonable. But if you dont actually get married, you loose all ability to hold the man to ransom. If there are children involved its different. But assuming a woman was living with her boyfriend, and the house was in his name, she would have no legal right to half the house when she moved out.
Man of Honour
- Joined
- 17 Nov 2003
- Posts
- 36,747
- Location
- Southampton, UK
Common law and all what? Common law 'marriage' is meaningless in the UK. You could have lived together for decades, it doesn't change anything legally.
Well I can only post the advice I was given. It was different circumstances when we were in a very tight spot due to a wrongful dismissal and we had to consider one of us becoming bankrupt as a possible option (fortunately it never came to that as a rather nice contracting job turned up) and we were advised that if we were "financially linked" that both our assets would be liable.
We don't even know if the two live together anyway, so this debate may even be a non-issue. I'd probably put off any marriage plans though.
What I said about the statute of limitations still applies though. Been through it personally in very similar circumstances, so I'm right on that one.
We don't even know if the two live together anyway, so this debate may even be a non-issue. I'd probably put off any marriage plans though.
What I said about the statute of limitations still applies though. Been through it personally in very similar circumstances, so I'm right on that one.
Was she not contacted by the MIB at the outset?
They have to contact the uninsured driver to obtain their account of the accident and to obtain permission to act on their behalf, they cannot just act alone and settle a claim by themselves and then put the liability on the uninsured individual without making an effort to do so.
I would seriously get
a) The complete, honest story from them, including any letters which might have 'fallen down the back of the sofa' conveniently.
b) legal advice
I would take it very seriously though, DWF are a 'proper' law firm and the MIB is a 'proper' client - this isn't a bunch of charlatans trying to scare you into a £500 settlement with faux-legal tactics.
They have to contact the uninsured driver to obtain their account of the accident and to obtain permission to act on their behalf, they cannot just act alone and settle a claim by themselves and then put the liability on the uninsured individual without making an effort to do so.
I would seriously get
a) The complete, honest story from them, including any letters which might have 'fallen down the back of the sofa' conveniently.
b) legal advice
I would take it very seriously though, DWF are a 'proper' law firm and the MIB is a 'proper' client - this isn't a bunch of charlatans trying to scare you into a £500 settlement with faux-legal tactics.
Last edited: