my parked car was hit by the son(drunk) of a fully insured driver who claims it was taken without consent.?

Question

insurance company say it was stolen. police say taken without consent and now we're left with a write off and no one to cover cost but ourselves. son was arrested. should his insurer cover cost? because our car is third party only and they're saying its not there responsibility although the vehacle was fully comp.

Answer 1

No, their insurance should not cover it. If someone stole their car (even if it was their son) without permission.. and they prosecuted him... then their policy absolutely is not required to cover it. (it would be a different story if they didnt prosecute him.. they would have given him implied permission)

Your only choice is to sue the son directly.

Answer 2

If the vehicle was taken by the son without the parent's consent then the insurer of the vehicle is not liable for the damage caused by the thief - they would only cover the damage to the parent's car (but some insurance companies are now excluding that in this sort of case)

You want to look for the Motor Insurance Bureau who have a fund to cover material damage caused by uninsured drivers.

Their website is:http://www.mib.org.uk/Default.htm

There is an excess, which you could presumably claim against the son.

Answer 3

As a footnote to Joe N's answer, The motor insurance bureau do not pay out for damage to vehicles, only those injured by uninsured drivers qualify for their assistance. Also, ask the police for a copy of the RTA report, you'll have to pay for it, and consult your insurance company. As others have observed, the father will have been given the option of reporting the car 'taken without consent' or be prosecuted himself for permitting the use of a car without insurance and aiding and abetting drink driving. Insurance companies will do anything to avoid paying out but if you can argue that the RTA was a continuation and a result of the theft, they may eventually pay out. Many people are hit by stolen cars, most of them get paid-out. Take proper advice.

Answer 4

Unfortunately they will not cover the cost, Insurance company will do anything to get out of paying, its Sh*t but there is nothing you can do. The insurance company is only obliged to pay for insured, the son was not insured so they do not need to pay. The car owner will say his son illegally took car to stop himself from getting into trouble otherwise police will arrest and charge him too for permitting someone to drive their vehicle with no insurance. A similar thing happened to my sister her car was hit by a uninsured driver, he was driving his parents car. She had to pay for the damage to her own car, luckily she was comprehensive, it still puts you to the inconvenience and higher premium next time though because you made a claim. You could try going to citizens advice to see if you could sue the son for damages though. I am assuming that the police are involved and have arrested the son for Drunk driving and taking a car without consent, and driving with no insurance.

Answer 5

Here in the U.S. insurance does NOT cover a driver that takes a car without consent. The driver (drunken son) would have to pay for damages, probably after being sued (and if he is a minor, the parents will have to cough-up the funds). You need to let your insurance handle this -- here the insurer would subrogate against the party that wrecked your car.

Answer 6

Ask the father of the drunk son for his Crime Refernce Number to confirm that he has reported his son to the police for Taking Without Consent. If his father is not following this with the police the father has given implied consent and should be liable. If not with insurance certainley in Small Claims Court.

Answer 7

Lorenzo's answer is complete rubbish.

However, the insurance companies and the police are in the right. If you're in the UK (as I suspect you are) then you're still in luck however, all accidents in the UK by uninsured drivers are still covered (to a limited amount) by the Motor Insurance Bureau.

Your next step is to find a local solicitor in your Yellow Pages who offers no-win / no-fee.

Answer 8

Have you reported this to your insurance? Check with them to see what they advise. You can always sue them in court. Get pictures, a copy of the police report and the advice of a lawyer.

Answer 9

It is the car that is insured, not the driver.
Depends if you are in a no fault state as to which insurance company pays. And that's all that means, not who is at fault.

Answer 10

You probably need to sue. Depending on the damage on your car, its probably cheaper to fix the car yourself, unless its new or close to being to being totaled.