Had a crash in my sister in laws car .(not my fault!) and assumed I was 3rd party covered on my company comp policy. I'm not.. nor it would appear am I on my wife's and spouse comp policy on the other car. The police have given me a producer.
Am I in for six points and a fine and where do I stand with the other driver? Can I still pursue a claim against this driver?
2007-04-02 08:00:04 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Are you sure you are not covered on your sister in laws policy, get it in writing from the insurance, on fully comp it is normal for a third party onlyand then you can sue the other driver.If not you might get of with a warning or you could get the whole lot thrown at you.
As for the damage, if you were not legal then you cannot be on the road so you cannot have an accident erstwhile you can be privately sued by the other driver, and it could be that their insurance takes you to court for restitution if the car is fully comp.
Your sister in law will also get done for aiding and abetting, sorry, but you could be spending loads of cash.
2007-04-02 08:10:02 · answer #1 · answered by rinfrance 4 · 0⤊ 0⤋
It is the responsibility of the driver to make sure they are insured before they operate a motor vehicle. You can obtain insurance, even though you don't own a car. Reliable insurance companies automatically cover another driver over the age of 21 if they have a valid license, but can not be a full time driver. Since this is not a criminal case, you can always pursue this in civil court.
2007-04-02 17:20:32 · answer #2 · answered by CGIV76 7 · 0⤊ 0⤋
First you could be prosecuted for not having insurance, and as you should not have been driving, the other drive could pursue a claim against you. The only person covered on a comprehensive policy is the insured drive, named drivers added to the policy do not count. Sorry.
2007-04-02 15:11:23 · answer #3 · answered by alec A 3 · 0⤊ 0⤋
IF IN THE UK - Driving without insurance will be dealt with once you produce ie 7 days from issue. You will be reported and summoned by post.
The fine and points differ there are not set guide lines as it is dealt with in magistrates court so depends on the magistrates. Can be anything from points and fine and quite often a ban.
As for you claim that will have to be dealt with by civil means ie a solicitor like any normal accident, the fact you are not insured should not change this that will only effect you if he claims on you. Go to your local CAB or Solicitor.
2007-04-04 07:55:23 · answer #4 · answered by dcukldon 3 · 0⤊ 0⤋
Where do you live? In almost every state, the car is insured not the driver. Therefore if the in laws car had coverage, and you legally had permission to drive the car, there should be no issue. (Unless you reside at the same address).
If it was not your fault, the other driver is responsible for your in-laws repairs. The claim would be filed by the cars owner, not you.
2007-04-02 15:09:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You have a duty to make sure you are insured, an assumption is no defence, hold your hands up, you have no defence.
Can you pursue the other driver? First of all you have to prove they did something wrong, can you do that you didn't explain what happened? If so you would have a very difficult time because you would have to act without the backing of an insurance company solicitor. Unless it's major expense I would put it down to experience.
2007-04-03 18:09:06 · answer #6 · answered by Captain Sarcasm 5 · 0⤊ 0⤋
you have to be fully comp to drive another persons vechile...family or not. i am a bricklayer and know jack s*** about insurance but i do know that what i say [type] is right.
company vechile is normaly in company time. your own policy for your private car is what you are insured under. as for points i would not have a clue
.speak to the police about making a claim against the other driver cos your insurance was invalid for that crash [meaning you were in the wrong vechile at the wrong time][had you been in your own car things would be different]
i hope i have understood your question and have answered it
2007-04-02 15:43:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It's simple really - look at the 2 insurance covers - yours, and your sis-in-law's. On yours, are you covered to drive ANY car, or just the one you purchased insurance cover on? On your sis-in-law's, are you a NAMED DRIVER on the insurance cover? If your answer to both questions is no, then I'm afraid you're f****d....It doesn't matter whose fault the accident was.
2007-04-02 15:16:47 · answer #8 · answered by Anonymous · 1⤊ 0⤋
The armchair barristers may have some view on this. Better yet, get yourslef a solicitor who specialises in Road Traffic law. Soon.
2007-04-02 16:11:08 · answer #9 · answered by michael w 3 · 0⤊ 0⤋
It depends on which Country the accident happened in. The insurance cover will depend on the road traffic laws in the place where it happened.
2007-04-02 15:11:16 · answer #10 · answered by oldtimer 3 · 0⤊ 0⤋