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Hit by a Drunk uninsured Driver

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Hi All Thought would post out here, some may have had something similar happen and hopefully guidance. Bunch of alcohol fuelled idiots with no driving licence or car insurance decide to smash in… Read More
charleaward81 Avatar
6m, 3w agoPosted 6 months, 3 weeks ago
Hi All

Thought would post out here, some may have had something similar happen and hopefully guidance.

Bunch of alcohol fuelled idiots with no driving licence or car insurance decide to smash into back of us yesterday causing fair amount of damage, in an attempt to get away from the police who were pursuing them.

Well as it stands its a clear cut non fault claim, we just renewed this years premium 3 days ago with new company (Zenith), set the claim procedure going yesterday and today told that car will be collected next Friday PM and repairers will take a look at it and determine next steps whether a repair or mark it a total loss.

In meantime been told even though we have courtesy car cover included in our comprehensive insurance it comes via the Repairers, currently car cant be driven but a courtesy car will only be given whilst car is at repairers (collecting it Friday 4th). We were told by Insurers that we cant claim for Hire Car as there is no 3rd Party Insurance to claim back from, obviously we also have to pay out excess from our own pocket due to uninsured aholes and having to fork out £000s for a recent funeral leaves us at moment with zero extra funds.

So we end up being rear ended and side swiped by someone with no insurance, legally able to drive, all whilst under the influence. As they have no insurance our company say we have to claim under our own, we have to fork out all excesses and cant have a hire car whilst our car is off the road but the approved Repair Garage subject to availability can supply is with one once our car is being repaired. IF it cant be repaired we aren't entitled to a courtesy car but our Insurance company will aim to settle with a maximum of 10 Days!!

Oh and yes we didn't tick the Motor Legal Protection Box
charleaward81 Avatar
6m, 3w agoPosted 6 months, 3 weeks ago
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Responses/page:
#1
As much as this is very frustrating and I would also feel aggrieved in the same situation - some insurance companies do offer protection against such eventualities. I am guessing yours doesn't.

A quick google found this - https://www.gov.uk/compensation-victim-uninsured-driver it might be of use?
#2
Have a look at Your Key May not be applicable in your case but worth a look?


Edited By: Flynn Jack on Oct 28, 2016 14:28
#3
Might be worth checking out the Motor insurance bureau website

MIB

What we do
The MIB (Motor Insurers' Bureau) is here to help people involved in road accidents where the normal routes to compensation might not exist or be difficult to trace. We will consider claims for vehicle and property damage as well as injury where compensation cannot be claimed from another source such as an insurance company.

What we do -
The main groups of people we help are:

Victims of uninsured drivers
Victims of untraced drivers, usually referred to as hit and run accidents
UK residents involved in accidents with foreign-registered vehicles, either in the UK or elsewhere in Europe

Edited By: jimmyandmel on Oct 28, 2016 14:29: Updated link
#4
You can take out a personal claim though the court against the drivers and possibly the police who were chasing them. go and speak to a solicitor.
#5
Flynn Jack
Have a look at Your Key
Slight flaw... "present the bill to the insurer of the driver responsible"
#6
ipswich78
As much as this is very frustrating and I would also feel aggrieved in the same situation - some insurance companies do offer protection against such eventualities. I am guessing yours doesn't.
A quick google found this - https://www.gov.uk/compensation-victim-uninsured-driver it might be of use?

Hi, thanks for link, We went down to make formal statement at our Local Station and the Policeman at the scene gave us the info for MIB, he also apologised to us in advance as he sort of knew with the scrotum being uninsured (repeat offender) that we would end up being out of pocket.

Also seems as though as Insurer is not worth the hassle of dealing with, they have the distinct don't give a rats ass attitude as it will end up costing us money but seem to be more focussed on are we injured, feeling any pain etc purely for their commission from an Injury Compensation Claim.

Spent 90 mins on hold trying to get a courtesy car sooner to be told sorry not a chance but today had 2 calls already asking if we are feeling ok, any pain. The Guy wasn't even insured so not even sure who they are going to chase for payment
#7
Flynn Jack
Have a look at Your Key May not be applicable in your case but worth a look?


Unfortunately, the guy was drunk, had no licence or insurance. More chance of winning the lottery with no ticket that taking that course of action.

Also speculation at the time that the vehicle wasn't theirs.
#8
If the last known insurer didn't have certificate of insurance returned to them they may be liable under RTA article 75 insurer
#9
Contact the CAB helpline on 03454 04 05 06 and good luck...
#10
As before, i'm pretty sure that your insurance company doesn't still pay. Motor Insurers' Bureau pays for the damage, you insurance should claim it from them.

The process should be straight forward and if your policy covers it then a hir e car is possible because they are claiming from a 3rd party. All our premiums are increased as indirectly the MIB takes money from our insurance premiums for situations like this.

Insurance companies are scum bags, they may be looking for a way of protecting their cash flow, if they have to give you a hire car then the claim will cost more and then they have to claim it back.

Secondly the decision to make the car a total loss is dependant on hire car cost. If the repairer says it will take 10 days to fix and the hire car is £50/day that £500 on the claim plus repairs. Depending on the value of the car and if you want to be a total loss (you'd make better money than trying to sell it) then I would push for the hire car.
#11
drunk ****
#12
Don't wish to sound brutal, but when you expose yourself to risks associated with motoring, you have the option to insure yourself against risks beyond the legal requirements - all at a cost, of course. In this situation, the insurance you chose does not appear to cover some eventualities. I can empathise - I was hit by a drunk in a stolen car that was being chased by police. For some of the items that my insurance did not cover, I received token-gesture payment from MIB many months afterwards.
banned#13
feel sorry for you op. can't you take this **** head to court and make them pay ?
#14
AndyRoyd
Don't wish to sound brutal, but when you expose yourself to risks associated with motoring, you have the option to insure yourself against risks beyond the legal requirements - all at a cost, of course. In this situation, the insurance you chose does not appear to cover some eventualities. I can empathise - I was hit by a drunk in a stolen car that was being chased by police. For some of the items that my insurance did not cover, I received token-gesture payment from MIB many months afterwards.


I was discussing this the other day with a solicitor, the additional legal protection cover. Their attitude was that this was the biggest con going. Badically, you are paying £20 or so per year to give your insurance companies lawyers the ability to work on your behalf. They will only take on cases they will win, thus claiming the costs from the other party.
Personally, I have no experience in this, but my had tells me that this is a clean cut case of liability, any solicitor would bite the OPs hand off to take on this case, knowing they will win and claim their fee from the other party, assuming they have assets etc.
Just food for thought.....!
Anyway, OP, go to a solicitor for advice, most will do an initial 1/2hr consultation for free.
Also, keep in touch with the police as when the driver goes to court, I assume they will have to pay a contribution to a victims fund, which you may be eligible to claim from.
Finally, CAB is always there to help. Good luck!
#15
You can have all the legal resources in the world, but if the responisble party has zero or minimal assets you will never recover your losses. You can only attempt to completely protect yourself via selecting insurance that covers many scenarios that most drivers would not even have considered, and that will come at a cost that many would find prohibitive.
ktm666
AndyRoyd
Don't wish to sound brutal, but when you expose yourself to risks associated with motoring, you have the option to insure yourself against risks beyond the legal requirements - all at a cost, of course. In this situation, the insurance you chose does not appear to cover some eventualities. I can empathise - I was hit by a drunk in a stolen car that was being chased by police. For some of the items that my insurance did not cover, I received token-gesture payment from MIB many months afterwards.
I was discussing this the other day with a solicitor, the additional legal protection cover. Their attitude was that this was the biggest con going. Badically, you are paying £20 or so per year to give your insurance companies lawyers the ability to work on your behalf. They will only take on cases they will win, thus claiming the costs from the other party.
Personally, I have no experience in this, but my had tells me that this is a clean cut case of liability, any solicitor would bite the OPs hand off to take on this case, knowing they will win and claim their fee from the other party, assuming they have assets etc.
Just food for thought.....!
Anyway, OP, go to a solicitor for advice, most will do an initial 1/2hr consultation for free.
Also, keep in touch with the police as when the driver goes to court, I assume they will have to pay a contribution to a victims fund, which you may be eligible to claim from.
Finally, CAB is always there to help. Good luck!
#16
I'm not too sure but I believe those guys I loath the claim centres maybe able to help you go to one of them they will take the claim off u give u a hire car as they will make money off it they won't care whose going pay for it wether it's going be ur insurers or mib. as u know they give a hire car even though your insurance company don't if u don't pay the extra for it they like to take cases on as they make a lot of money out of storage and hire but make sure u go with one who won't try and charge u if the insurance companies don't pay out in the end
#17
Cheers for replies all.

As we have work, children and a lot going on at the moment, had to just send car to accident repair centre ourselves as our guaranteed car replacement from Zenith wasn't worth the green tick on screen. Good news is after spending £50 on a new rear tyre for spare alloy there seems to be no actual structural damage to car, downside is the damage to rear and side is over £900 due to factory fitted body kit and they stated they will deem it uneconomical to repair and will settle so have decided to just not bother as its only us that in time will end up financially worse off and no car.

Police has been in touch to tell us that the oxygen waster is facing numerous offences, no licence, drink driving, Failure to stop and resisting arrest, leaving scene of an accident, no insurance, driving with undue care and attention, and taking vehicle without owners consent. Based on the CPS and Judges that will no doubt boil down to a few small fines, , suspended sentence over 12 months, more points, probably more time on his already banned licence and a small amount of victim compensation plus court costs. The type of person that they are means even if you had solicitor to take on case, you cant get blood from a stone.

Not sure what is worse, that the law is worthless that it in no way deters people from breaking the law or the fact that my insurer sent my details to tens of Ambulance Chasers who hound us 12 hours a day, even masking number to make call look like its a local number. Then tell you even though you weren't inured they can sort it so we receive at least £1500 each for the accident!!! He was that adamant they could put a claim he is on phone boasting how he can guarantee a set amount as no one checks anyhow even if no injuries sustained.

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