uninsured cost recovery

[Mattsmate]

Info please..Very briefly, A friend of mine was involved in an accident that was the 3rd parties fault but subsiquently found themselves unisured due to the t/c's of borrowing a vehicle.The question is that the 3rd party are persuing costs for the damage to their vehicle even though they were at fault for the accident, (verified by the police witness at the scene).I know the no insurance is a given, oversight or not, but are they(the unisured) obliged to pay for the damage to the other vehicle..cheers in advance..:stupid:

[Kris]

I'm taking it that your friend was uninsured & it was the other driver that was at fault for this accident ???

If that is the case then even thouhg he was uninsured your friend does not have top pay for the damage to the third party car unless he was responsible for the accident. simply the fact that he was uninsured doesn't mean he was to blame for the damage.

It's up to the other side to prove, based on the fact so the accident that your friends acctions were the cause of the dameg.

hope that helps :D

[oldcodger]

Your friend is likely to get an invitation to court to discuss his lack of insurance.

Be aware that having responsibility (even partial) for an accident while uninsured is a very serious matter.

If he has a police witness to the effect that he was not in any way responsible he needs to take a copy of that police statement with him to show the court.

[russ]

As Kris says you don`t automatically become at fault if you have no insurance. This works the other way round as well, if someone hits you ( it`s their fault ) and has insurance and you don`t there is nothing to stop you claiming from them.

If he isn`t at fault, and has good proof, then he can tell the other insurer to take a running jump.

If it carries on with solicitor letters then he would be well advised to either speak to his Local Citizens Advise Bureau or contacting a solicitor of his own. Don`t ignore it, they WILL NOT go away.

In fact, as you have said, if he is 100% not at fault and the other party has caused damage there is no reason why he can`t claim of the third party. Again maybe a " No win, No Fee" solicitor may be able to help.

Let us know how you get on :)

[Mattsmate]

Thanks for all the response,.I'll pass on the info and see how it goes. Again cheers

[Trax]

As above, seems as he wont have any legal cover, as he ahs no insurance, he will have to go via one of our wonderfull no-win people that seem to be advertising everywhere. If he is not at fault then he can claim for all damages, costs incured etc from the other persons insurance.

Any prosecution from police for no insurance is totally seperate, and nothing to do with any claims. If your lucky no Feds attended the scene, if not, then unlucky. If it was an oversight as you may have thought your own his own insurance covered TPO as you mentioned, then he may at least be able to plead that. But dont expect the courts to give a monkeys, you are a motorist, far more dangerous than a criminal.

[russ]

(verified by the police witness at the scene).

(If your lucky no feds attended the scene).

I think they were there, hence oldcodgers comments.