Car accident

koolpc · 27 Sep 2021 at 09:39

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?

Haze · 27 Sep 2021 at 09:43

Sounds like BS, but good luck

Havana_UK · 27 Sep 2021 at 09:51

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!

koolpc · 27 Sep 2021 at 10:17

Cheers

Bear · 27 Sep 2021 at 10:50

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.

Stu999 · 27 Sep 2021 at 10:52

@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!

robj20 · 27 Sep 2021 at 10:58

Just hand it over to your insurance, save the stress and let them deal with it all.

nlel1975 · 27 Sep 2021 at 11:01

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.

Sirrel Squirrel · 27 Sep 2021 at 11:02

As others have said, get your insurance company to deal with it

koolpc · 27 Sep 2021 at 12:11

Cheers guys. I have done what you said. My insurance is now dealing with it. They waived my excess too!

Mercenary Keyboard Warrior · 27 Sep 2021 at 12:12

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

SkodaMart · 27 Sep 2021 at 12:19

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.

SkodaMart · 27 Sep 2021 at 12:20

koolpc said:
Cheers guys. I have done what you said. My insurance is now dealing with it. They waived my excess too!

That sounds positive.

MagicBoy · 27 Sep 2021 at 12:21

Unless his insurance is void, they've got to cover it. As said above - punt to your insurers and let them do the chasing.

koolpc · 27 Sep 2021 at 12:24

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!

koolpc · 27 Sep 2021 at 12:27

Mercenary Keyboard Warrior · 27 Sep 2021 at 12:28

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.

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".

SkodaMart · 27 Sep 2021 at 12:30

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".

I’ve just been reading.
Even changing your job mid term can invalidate your insurance.

Mercenary Keyboard Warrior · 27 Sep 2021 at 12:41

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

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

nlel1975 · 27 Sep 2021 at 12:41

I have just emailed my insurers to tell them about the Anxiety I’ve been diagnosed with, better to be safe than sorry.