Someone has hit my car, uninsured should I accept cash? advice please......

[Fat Langers]

Do you have legal cover on your policy?
I got hit by an uninsured driver once, turned out i had legal cover on my policy and they took her to court on my behalf. However, it was a long drawn out process.

 

[Deleted User X18H]

What's that got to do with the price of eggs?

The point is, you (eg the OP) have insurance, your car is parked, someone hits it, and pays you in cash. My insurance company has said if that happened to me I wouldn't need to tell them. What is rubbish about that?

You don't insure with 'Mears Protection Services' do you? Ask them again. And this time tell them, that the person that hit you is uninsured.

 

[PILTDOWN MAN]

That's all well and good but why the hell should YOUR premium go up because someone hit YOU ? An idiot hit me from behind last year when I was at a roundabout - admitted liability straight away - and yet my premium at renewal went up nearly 30%. I told Elephant to shove it and got a quote that actually took my insurance down. Strangely Elephant offered to match the new quote but to be honest, if they can't be bothered to offer me the cheapest offer FIRST time then they can swivel.

Insurance companies belong in the cesspool with estate agents, property lawyers and recruitment agents. They are nothing short of conmen.

To the OP - give the bloke a chance - if he doesn't come good then make a claim.

Interesting point you make. He admitted liability there and then. That invalidates his insurance. All insurance companies state in their conditions never admit liability but ask you directly who caused it. If you do, you are basically saying my insurance will cover it. Your insurance company is the one who decides what to do with its money not you.

 

[Triggaaar]

You don't insure with 'Mears Protection Services' do you?

It's with privilage if you must know. Who is your insurance company, and what did they say? You haven't asked them have you.

Ask them again. And this time tell them, that the person that hit you is uninsured.

If I was hit by someone that might not be insured, but they're going to pay, and you think that telling my insurance company this would mean my premiums would go up, why would I do it? I'm not breaking any rules or invalidating my insurance because they've already told me I don't need to tell them about the accident, and it doesn't get more clear cut than that.

If a criminal offence may have been committed by the other driver, it is not my duty to find out.

 

[Westdene Seagull]

You need at least TP on private land.

Actually you don't but carry on.

 

[Deleted User X18H]

It's with privilage if you must know. Who is your insurance company, and what did they say? You haven't asked them have you.
If I was hit by someone that might not be insured, but they're going to pay, and you think that telling my insurance company this would mean my premiums would go up, why would I do it? I'm not breaking any rules or invalidating my insurance because they've already told me I don't need to tell them about the accident, and it doesn't get more clear cut than that.

If a criminal offence may have been committed by the other driver, it is not my duty to find out.

If you make and arrangement with someone you know to be uninsured and you accept money from them in lieu of damages and thus enable them not to have to report the incident to your insurer and therefore the Police. You are technically perverting the course of justice.

 

[Deleted User X18H]

Actually you don't but carry on.

20 years working in the Lloyd's of London Market allows me to tell you that unequivocally you do.

 

[Triggaaar]

If you make and arrangement with someone you know to be uninsured and you accept money from them in lieu of damages and thus enable them not to have to report the incident to your insurer and therefore the Police. You are technically perverting the course of justice.

So my advice to a friend in such a situation would be to either
a) tell the other person you assume they're joking, and that it's just cheaper for them than paying their excess, otherwise you'll have to tell the police
or
b) (if they want to be an arse) take the cash, then tell the police so they can decide what to do (nothing I imagine)

 

[Triggaaar]

You need at least TP on private land.

What if you are 11 years old and ride a motorbike around your garden, do you need insurance? And what if it's a quad bike, do you need a license from birth or is there an age at which you need a license?

 

[Deleted User X18H]

So my advice to a friend in such a situation would be to either
a) tell the other person you assume they're joking, and that it's just cheaper for them than paying their excess, otherwise you'll have to tell the police
or
b) (if they want to be an arse) take the cash, then tell the police so they can decide what to do (nothing I imagine)

But the scenario is that they arn't bloody insured! So they retain all the risk not just the SIR

 

[Triggaaar]

But the scenario is that they arn't bloody insured! So they retain all the risk not just the SIR

Sure, so if you were wanting to be an arse, follow suggestion b). Take the cash, then tell the police. There's still no need to tell your insurance company (certainly in my case, as they've confirmed it).

You need at least TP on private land. You will not be the only person to have access to suggested private land. What if you injure a poacher or someone lost on an orienteering expedition? You are STILL liable insured or not. On Private Land or not.

20 years working in the Lloyd's of London Market allows me to tell you that unequivocally you do.

Unequivocally? Because a little googling suggests you're wrong. Try reading some law on the subject:
Driving on private property - the law - Motoring
" If you have a right to use private land to which the general public does not have access then you are within your rights to drive on that land without insurance."

 

[Deleted User X18H]

Sure, so if you were wanting to be an arse, follow suggestion b). Take the cash, then tell the police. There's still no need to tell your insurance company (certainly in my case, as they've confirmed it).

Unequivocally? Because a little googling suggests you're wrong. Try reading some law on the subject:
Driving on private property - the law - Motoring
" If you have a right to use private land to which the general public does not have access then you are within your rights to drive on that land without insurance."

I would say that is wrong. As a Claims Broker I would invoke the general law of liability. It is unlikely that any other area of land apart from a large garden would fit into this catagory. A postman a delivery man or even a civil servant may have just cause to enter an area deemed private land. And if it can be proved they have a just cause to be there, then they are entitled to seek compensation if injured by a third party. I think the best way to explain this is to ask. What would you do if you were uninsured on private land and injured someone. Who do you think would settle any succesful prosecution made by the plaintiff?

 

[Triggaaar]

I would say that is wrong. As a Claims Broker I would invoke the general law of liability. It is unlikely that any other area of land apart from a large garden would fit into this catagory. A postman a delivery man or even a civil servant may have just cause to enter an area deemed private land. And if it can be proved they have a just cause to be there, then they are entitled to seek compensation if injured by a third party.

Firstly, it is explained in the link I posted that some land would be accessed by the public - eg, your front drive, and you would need insurance to drive their. Secondly, there are loads of areas that are not accessed by the public. Thirdly, as a Claims Broker, you do not make the law and you do not enforce it. You also don't seem to know it.

I think the best way to explain this is to ask. What would you do if you were uninsured on private land and injured someone. Who do you think would settle any succesful prosecution made by the plaintiff?

We were talking about whether it can be legal to drive uninsured on private land (which it can), not whether someone could make a claim against you. But moving on to the latter:

What's the rule on race tracks? I don't think you need insurance to drive a car on a race track, and there's a fair chance someone will get injured. I think people going on race tracks have to accept the element of danger.

 

[Westdene Seagull]

20 years working in the Lloyd's of London Market allows me to tell you that unequivocally you do.

Which would explain why one of your previous companies got rid of you. If the land has no public right of way nor any open access then you need no insurance. Obviously insurance brokers might say otherwise but I refer to my previous post about the cesspool of life. The LAW does not require it.

 

[Deleted User X18H]

Which would explain why one of your previous companies got rid of you. If the land has no public right of way nor any open access then you need no insurance. Obviously insurance brokers might say otherwise but I refer to my previous post about the cesspool of life. The LAW does not require it.

What it states is clear. You are within you rights to drive uninsured if you are driving on land the public has no access to. NOT 'land the public has no right to access'. There is a huge difference. If you still don't understand ask a grown up to explain it to you. And stop making unnecessary personal remarks.

 

[Westdene Seagull]

YOU said you needed insurance on private land - you don't. Don't start trying to back track now.

 

[happypig]

What it states is clear. You are within you rights to drive uninsured if you are driving on land the public has no access to. NOT 'land the public has no right to access'. There is a huge difference. If you still don't understand ask a grown up to explain it to you. And stop making unnecessary personal remarks.

You're wrong on this; let me try to explain why.
The road traffic act (which requires you to have insurance to drive a motor vehicle) applies to :
The public highway
Land to which the public would normally have access, such as a supermarket car park.

It does not, in general, apply to private land to which the public has no right of access.

These definitions can be "fluid", for example a farmers field used as a car park for boot fairs on a Sunday where the act may apply when general access is granted but not at other times when it is "private"

I know this because I got advice from a barrister friend before renting such a field for my son to drive my 4x4 on.

However, we're I to have asked someone who sells insurance whether I needed it, I'm sure there advice would have been neither accurate nor impartial.

 

[Deleted User X18H]

YOU said you needed insurance on private land - you don't. Don't start trying to back track now.

You're wrong on this; let me try to explain why.
The road traffic act (which requires you to have insurance to drive a motor vehicle) applies to :
The public highway
Land to which the public would normally have access, such as a supermarket car park.

It does not, in general, apply to private land to which the public has no right of access.

These definitions can be "fluid", for example a farmers field used as a car park for boot fairs on a Sunday where the act may apply when general access is granted but not at other times when it is "private"

I know this because I got advice from a barrister friend before renting such a field for my son to drive my 4x4 on.

However, we're I to have asked someone who sells insurance whether I needed it, I'm sure there advice would have been neither accurate nor impartial.

Wrong. If you have just cause to be there (even chasing after your dog) and you are injured by a driver insured or uninsured you have the right to claim against that driver. If they are uninsured they are still liable. If I hit a wayward shot off the the 17th at Hollingbury and I hit a car seriously injuring the driver I don't have a third party liability insurance I am liable. As I am if I am insured.

You have to have insurance if you are driving on an area of land that the public has access to. If they are able to gain access legally or not.Private or not.

 

[saltdeanseagull1]

Thanks all for your comments most of them very helpful, any way decided to give the guy benefit of the doubt (mainly cause he is my Mother in laws neighbour) so got a qoute done for the damage, £861 Bloody Hell!!!, and this was not me inflating it for my troubles either.
As anticipated when I told him he said he could not afford and and said he knows people that could do it a lot cheaper. I explained that A) I want it repaired properly and B) that I could not be arsed with the hassle of running it to different work shops for qoutes.
So I told him I have no option than to pass it through my insurance company, who tell me that if his boss has it insured, even without him being named thay can claim on his policy. However when they did a quick check on the reg no. they could see no insurance listed. I was assured this does not mean it is uninsured (although I have a sneaky suspition it isnt). Any way left it in their hands and should get an up date in a day or so.
Main thing I want is car back to how it was without being out of pocket, still a load of aggro though.
On a positive note heres to another win tommorow night!! Again thanks for all your help.

 

[Deleted User X18H]

Thanks all for your comments most of them very helpful, any way decided to give the guy benefit of the doubt (mainly cause he is my Mother in laws neighbour) so got a qoute done for the damage, £861 Bloody Hell!!!, and this was not me inflating it for my troubles either.
As anticipated when I told him he said he could not afford and and said he knows people that could do it a lot cheaper. I explained that A) I want it repaired properly and B) that I could not be arsed with the hassle of running it to different work shops for qoutes.
So I told him I have no option than to pass it through my insurance company, who tell me that if his boss has it insured, even without him being named thay can claim on his policy. However when they did a quick check on the reg no. they could see no insurance listed. I was assured this does not mean it is uninsured (although I have a sneaky suspition it isnt). Any way left it in their hands and should get an up date in a day or so.
Main thing I want is car back to how it was without being out of pocket, still a load of aggro though.
On a positive note heres to another win tommorow night!! Again thanks for all your help.

Exactly and you will be indemnified by your insurer and have done the right thing. Good luck.