Hi Guys Some of you may have read my post last week about my other car getting crashed into when it was parked up. Well i put a letter up in the old folks home and a lady got in touch today saying it was her car and she didn't realize (i dont believe her) My polo was on the road taxed but not insured as i haven't been driving it, so im not sure where that puts me in terms of being able to claim if thats the route she wants to go down. I will happily take £100 or so and i will propose that first. But what are my options if she wants to go down the insurance route? Also will this show up on further as a claim on my behalf? Cheers
Im sure you can get a 1000 quid fine if your vehicle is on the road parked up taxed but with no insurance! Think the only time you don't need it insuring is if it's SORN'd and off the road. So be careful of the route you take!
I would be very careful trying to claim off her when your car was parked on a public highway with no insurance, your best bet would be if she gave you cash.
You should be claiming off her insurance so it shouldn't matter that your not insured. (Obviously different if you don't have someone to claim against as you would be claiming against your own. What you don't have is your insurance company doing the legwork on your behalf. It will show on your insurance and cause your premium to go up as you will statistically be more likely to raise an at fault claim in the next 2/5 years etc.
Ive just had a quick search, and it is actually illegal for it to be parked on the road. So the insurance route seems a definite no.
They will not pay out! they will just say the vehicle had no insurance and should not have been there, and if it was not there she would not have hit it! The vehicle was illegally parked on the road.
Ah fair dues didn't realize the law had changed, showing my age! I haven't read the other thread but was it definitely parked on a public highway? Not a private car park etc? As from just browsing the new (to me!) Regs, you may have a bit of wiggle room if it was private property
Amazing how much sympathy you got in the other post about someone hit your car and drove off, you illegally parked your car on the public highway without insurance and have the nerve to talk about claiming on there insurance now you know who hit it. Upon till a few years ago they were called accidents now they are called collisions because there is 99.9% of the time someone to blame. That's why we have insurance. The person that hit you made a mistake and has given a reason they say they did not realise they hit your car weather this is true or not what's your excuse. Imo it's a of bit Kama like situation. However if she does not know your not insured and you have no conscience you could try keep it out the insurance to get cash but if she refuses or has already passed details on to insurance it could be a double dose of Kama. Maybe a lesson to learn here.
Wouldn't say i have a nerve, i wrote this post before i realized i had parked illegally. Now i know i am partly at fault my attitude has changed. But i would still say she knew about hitting the car, as i believe she forced past the bumper to scrape the side. And would have felt some degree of resistance.
George I think you better walk away from this one asap before one of her more savvy relatives who may know the law and decide to call the police and then make a private claim against you , afterall the car should just not have been there regardless of her hitting it, then you will have police prosecution costs and points to deal with mucker....I think you been real lucky so far
This was hardly malicious on George's part and was purely posing a question. Regardless of his insurance status somebody still hit his car a drove off which is a crime in itself so it's hardly karma. George did not knowingly break the law otherwise he would not be posting on here asking for advice only to know he would receive less than sympathetic comments! As midnight said I think its one to put down to experience......
Cheers for the advice, I thought it would be fine sitting there with tax, why should it need insurance when its not going anywhere. Ah well. I have promptly pushed it off the road tonight, wouldnt start. Anyway the lady said she will pop around tomorrow, I agreed to this before I knew the current situation
he knew he had no insurance and that it was parked on a public road, and even if he didn't ignorance is not a defence in law.
George you really need to drop this mate before it decides to bite you on the a@@e mate, in the eyes of the law you are in the wrong and pushing it off the public road still aint enough buddy as at the time it was on that road and, I would say you have had a good heart and will let her off due to her age and be happy no prosecution is pending amigo......
I didn't take it off the road to try and be sneaky and get out of something. I did it because I found out it shouldn't be there. And I'm not going to go and announce to this lady that it was illegally parked, that would be extremely stupid on my part. However I'm not going to take it any further, I will talk to her tomorrow and tell her to leave it. I think we can leave it there
its like saying an accident is his fault because his car was parked on double yellows, doesnt work like that yes his car should be insured, but thats not the issue at hand - his parked car has been hit if you can settle privately its probably the easiest option
I was not defending his actions, I was just saying his actions were not malicious. The person that hit his car knew what they were doing as they drove off, so it was a deliberate act. How can they claim they did not realise they hit his car but upon reading his poster suddenly have that jog their memory and admit it was them?? If I knew I had not done something a poster would not convince me otherwise!
Its not his fault someone hit his car regardless where it's parked, but parking it on the public highway with no insurance is. So they are both at fault. My point is the lady that hit his car is poss lying that she did not realise she hit the parked car but she is insured and that will be her excuse, what car he say?
The fact she drove away from the insident is very bad and a separate issue, however it has no relevance in this case as the car was not insured so should not have been on the road. Some of you seem to think because his car has been hit he is intitled to cash so in that case if I went out and purchased a car and parked it near a accident black spot without insurance and waited for someone to hit it could I then offer to deal outside of insurance for cash? NO because the car is illegally parked. she is naughty for hitting parked car then claiming she did not realise and driving away. he is naughty for parking an uninsured car on a public road. as I said before there is a lesson in this if parked car was insured the op would have had a great case. There is another lesson for everyone else if someone offers you a deal outside of insurance check there insurance status anyway.
Ovy insurance status has nothing to do with this whatsoever the woman has hit his parked vehicle irrespective of whether it should be there, he is still entitled to claim.
Insurance has nothing to do with it???? Claim what??? If he is entitled to claim legaly it should be done through the INSURANCE!!! In the eyes of the law she has made a mistake for which she is insured for (although the drive off is total unacceptable). In the the eyes of the law he has broken it I think you are missing the bigger point let's say he takes £100 of her for the damage, he does so at the risk of highlighting/promoting the facts and could end up with 6 points upto £1000 fine and even losing the car.
You dont get it do you, his insurance status has nothing to do with whether his parked car has been hit.
Just to add How would he claim without insurance he would have no choice but to ask for cash outside of insurance as I have already said could get in a lot of trouble, if someone wants a deal outside insurance might be worth it but check there insurance status just in case. Heres a curved ball for you .... what if the lady found out or suspected he had no insurance then threatened to report it to the police/insurance?
Then she can report him to the police, but thats not the issue at hand. he can still claim off her insurer if he wanted.
If you change the scenario and she hit a wall outside a house, you would want to claim from there motor insurance to pay for the damage. Regardless if the wall was insured or not ! But if the car was parked on the road it should have been insured, in this circumstance it's not relevant that the Polo wasn't insured but let's say someone hit the Polo from behind and pushed it in to a car parked in front of it ! The owner of the car that the Polo hit would want to claim off the Polo's insurance, even though it wasn't the Polo's owners fault !!!!!!! If it was my car that the Polo hit and it was uninsured I wouldn't be happy !!!!!!!!
Nearly there, but the other parked car would claim off the womans insurance not the polo (regardless of whether its insured or not)
Not in my experience ! The Polo would claim off the woman that hit them, and the car in front of the Polo would claim off the Polo. It's the same if you was involved in a multi car pile up on a motorway, if you was the first car involved and there was 10 cars in the accident you wouldn't claim of the 10th car ! You would claim off the car that hit you and they would claim off the car behind them ! Another scenario what if the woman drove off without leaving any details and pushed the Polo into another car ! Who would be liable then ?
Sorry mate all wrong If it could be proven a car had hit the polo into the other car both the polo and the other car could claim off the MIB under the untraced drivers agreement
Very Interesting !!! But how many people would want to pursue that on there owne. They would normally just contact there insurance company and pass on there details And let them sort it I suppose.
They (the owners) can claim from the mib, the insurer cant its subrogation - if you claimed through your insurer they have nobody to recover against so effectively it would be treated as a fault accident
http://www.mib.org.uk/Customer+Services/en/Making+a+claim/default.htm Very interesting information and people should be aware of it
This has inspired me to educate as many people as possible. The amount of times we've had people coming in to ourselves in a hit and run situation ! I've updated our company website and shared it via social media http://repairandrestorebodyshop.co.uk/hit-rununinsured-driver-claims/
Think the main point of this is being missed, you cannot compare a car to a wall the wall does not have a requirement to be insured and is not on the public highway and going on about who claims of who is all dependant on individual cases and not here so.... the op will not or should not make any claim as it would be worse for him to uncover the non insurance than the amount of damage to said car. oh and a quote from the mib claims booklet " if you do not have comp insurance we MAY be able to help" no metion of no insurance at all?
