Car accident

koolpc

koolpc

koolpc

Soldato
Joined
2 Dec 2004
Posts
14,895
Location
Under The Desk, Wales
Had call sat morning from police. A guy had crashed his car into mine and another while mine was parked in the street in a parking bay.

Went to see it. Guy and police there. Back of my car smashed on right hand side, light, bumper torn off partially, underside squashed, side panel dented.

Now, guy was driving a mobility vehicle and he said he blacked out.

Police took breath test, negative. No charges etc.

Took all details.

I rang his insurance and they said if he had a blackout he not / they not liable!!

They said i may have to claim through my insurance!!!! Cant believe that.

Have to wait now to see what his insurance say as he not contacted them yet about the incident.

Anyone been through this type of incident?
 
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I've not been through similar, but what his insurance is telling you sounds like total BS.

Talk to your insurance company (you have to anyway) and just give it to them to pursue. This is what your insurance is for.

Good luck!
 
I can see that someone blacking out is not fit to hold a driving licence and if that was the case, their insurance should be voided but they should still have to pay up for any third party liability I would have thought.
 
@koolpc - sounds like BS to me in terms of him not being liable. Maybe they meant his insurance would not be valid? In either case I would have thought you would have a civil legal claim against him for property damage (ask a solicitor obvs). If nobody was liable after blacking out you could use that excuse for anything!
 
Driving is a privilege not a right, I know someone who can’t drive because they’ve got cerebral palsy and another who suffers from epilepsy but strangely was allowed to sail his boat.

He’s gone now, we think he had a fit and drowned while he was on his boat.
 
Cheers guys. I have done what you said. My insurance is now dealing with it. They waived my excess too!
 
His Ins co have to deal with it, they may have to void his insurance if he misdeclared etc but they cannot legally walk away from virtually any claim from a 3rd party for a vehicle they insure, even if the insurance was obtained fraudulently

There are some exceptions but in a case such as yours none would apply
 
I would expect his insurance to be null and void - he was unfit to drive due to medical reasons.
I suspect you might be on your own with this.

He could face criminal charges, but probably not if it never happened before.
 
Unless his insurance is void, they've got to cover it. As said above - punt to your insurers and let them do the chasing.
 
Yea, just uploaded lots of pics to my insurer as requested. Car driveable but i can see that chassis is a bit crumpled at the rear behind the wheel arch / bumper area!
 
SkodaMart said:
I would expect his insurance to be null and void - he was unfit to drive due to medical reasons.
I suspect you might be on your own with this.

He could face criminal charges, but probably not if it never happened before.
Click to expand...

UK based insurers have to act for 3rd parties if they insure the vehicle under the RTA.
They can void a policy and avoid the 3rd party if for example the 3rd party was partly to blame (say a knock for knock) but under most circumstances they have to deal with it and they have to seek reimbursement from the "insured".
 
Mercenary Keyboard Warrior said:
UK based insurers have to act for 3rd parties if they insure the vehicle under the RTA.
They can void a policy and avoid the 3rd party if for example the 3rd party was partly to blame (say a knock for knock) but under most circumstances they have to deal with it and they have to seek reimbursement from the "insured".
Click to expand...

I’ve just been reading.
Even changing your job mid term can invalidate your insurance.
 
SkodaMart said:
I’ve just been reading.
Even changing your job mid term can invalidate your insurance.
Click to expand...

Yes as the policy holder
As I said the insurer is forced (part of being accepted to be allowed to write policies) to act under the RTA.
An insurer is forced to still put the 3rd party into a position as if the policy holder was still insured.

Edit, here you go
https://en.wikipedia.org/wiki/RTA_Insurer
 
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