and he suffered serious injuries, can he claim from their insurance?
2007-12-26 05:15:57 · 16 answers · asked by luckybug 3 in Business & Finance ➔ Insurance
UK question and the police know the car driver was at fault.
2007-12-26 05:21:03 · update #1
he bought it from a friend a fewstreets away.
2007-12-26 05:21:57 · update #2
Yes - there is no problem in the legal process about claiming from another person who injures you. This is irrespective of the fact that your nephew was commiting a criminal offence at the time.
He will have to either pursue the claim himself (not recommended as he won't know appropriate levels of restitution for personal injury) or go through a solicitor or a no-win no-fee organisation. Had he had a legal expenses insurance policy in place then he could have used their serivces.
2007-12-26 08:57:55 · answer #1 · answered by welcome news 6 · 0⤊ 1⤋
If in UK how did he manage that as the dealer wont allow a vehicle on the road without insurance.....He could try and claim off the other car insurance if it was the other drivers fault, but I suspect the other driver will deny responsibility....Your nephew had committed a serious road traffic offence, so can expect to end up in court at some stage.
2007-12-26 13:21:43 · answer #2 · answered by Knownow't 7 · 1⤊ 1⤋
He can expect a summons for riding an uninsured bike on the road...6 penalty points and a fine are usual.
If the police are aware of the accident I'm sure he'll hear from them about this as he will have a "producer" to take his insurance/tax/mot and licence to the police station.
To claim on the other drivers insurance he might be able to use a "no win no fee" legal team.
2007-12-26 14:30:41 · answer #3 · answered by AdelleStevens 6 · 1⤊ 0⤋
He can make a claim off the car drivers insurance as the car driver was at blame but your son may have 9 points and a big fine for not having insurance on the bike, it's really bad luck as it was just a few streets away and i think many would have taken that short risk, hope he gets better soon and u know some of these car drivers are just blind so take him to the cleaners.
2007-12-26 13:30:09 · answer #4 · answered by just-dave 5 · 1⤊ 1⤋
no, he cant claim nothing, he was on the road with no insurance. and he shouldnt have been allowed out of the show room with no insurance in the first place. its the same for a drink driver whos fully insured, no right to claim even if they are the innocent party.
2007-12-26 14:54:51 · answer #5 · answered by givethegiftofarsemagicthisxmas 2 · 1⤊ 0⤋
I believe he can claim from their insurance in the usual way, but he is still in deep trouble for riding uninsured. I can totally understand the situation, buying the bike and driving it home before getting insured, but I would suggest taking some legal advice (perhaps from the CAB if you don't have/know a solicitor) about this.
2007-12-26 13:29:04 · answer #6 · answered by Xai 5 · 1⤊ 1⤋
Depends on whose fault the accident was as to whether or not he has a claim.
I'm very surprised that he was permitted to take the bike out of the dealer without being able to prove the bike was insured. Normally that just doesn't happen.
Me thinks there is more to this story, and your cousin may (I say may) share a bit of the responsibility for his accident or at least the circumstances he finds himself in after the accident.
I hope he has a full recovery, best of luck!
2007-12-26 13:20:57 · answer #7 · answered by Truce 4 · 0⤊ 2⤋
Assuming this is USA, yes, as long as he has a police report. But since he doesn't have insurance he will have ot hire an attorney himself and do all the work. He also may receive a ticket for riding an uninsured vehicle.
2007-12-26 13:19:16 · answer #8 · answered by JeffyB 7 · 1⤊ 1⤋
If your nephew was driving an uninsured vehicle on the roads, he's in deep trouble. You better hope that the other driver doesn't sue him.
Addition: Didn't know this was in the UK until after you added the extra information. My answer was from the USA perspective and may not apply to your laws.
2007-12-26 13:19:29 · answer #9 · answered by kja63 7 · 3⤊ 2⤋
he should have got a cover note from his insurers organised before he picked this bike up, he was on the road illegally, with no insurance, and may be charged for this
i don't think he has any claim, perhaps you could talk to a solicitor to be sure on this, they are usually free on a first consultation visit,
hope he gets better soon
2007-12-26 13:28:16 · answer #10 · answered by Qqq 4 · 1⤊ 1⤋