HIT BY STOLEN & UNINSURED VEHICLE

[cs101]

Hi! My van was parked at my home when it was hit by a teenager who had stolen the car, which was uninsured. Immediately the Police arrested him and gave me the Reference Number.
Called the insurance company who arranged for the recovery truck to be taken to their storage. When I asked about the courtesy car or van, they said they are looking for the repair garage who can provide me with the courtesy van. I am courier and my live hood depends on upon it. After a week they told me that they are finding difficulty in finding the garage which can provide the courtesy van.
I told them to just repair the van. The repairer was allocated and then after 3 weeks they informed me that the van is Total loss, and they will contact me after they have completed the valuation.
I have been without work for almost one month now.
Please help me with my rights or where to complain. My van has fully comprehensive insurance and still the Direct Debit is being paid to them.

Thanks in advance

[islandgirl]

Does the policy state a replacement vehicle will be provided at all?

[dslippy]

Get together a full history of your communications with your insurers. Find the clause of your insurance under which you might claim - there might not be one - just a general 'all losses' clause.
You should have been told to hire another van and to claim the cost.
First thing is to minimise your losses by getting another van.

[cs101]

Thanks. The policy states that courtesy van/car will be provided if the car invovled has comprehensive insurance.
They didnt inform me to hire the van and claim cost.
As it is only the Body damage, I was sure that it will be repaired.
I would like after valuation to buy back the van from the insurer.

[des8]

If your insurers are online can you give us a link to the policy wording please?

Your policy is unlikely to cover loss of earnings (but we can check if we have the full wording)

It might be possible to make a claim against the Motor Insurers Bureau for your loss of earnings and any other uninsured expenses incurred as a direct result of the incident

[cs101]

Thanks, DES8. The insurer has already applied to MIB as they had requested from me the accident pictures.

[cs101]

This is the policy wording under the repairs

[des8]

AFAIK MIB only deal with claimants directly or via claimant's solicitors.
Are you sure (have it in writing?) that your insurers are submitting a claim to MIB on your behalf and that it has been accepted by MIB?

[cs101]

Not sure. But on MIB site, it is mentioned that if you have comprehensive Insurance than you contact the insurer who will submit the claim.

[des8]

Not sure. But on MIB site, it is mentioned that if you have comprehensive Insurance than you contact the insurer who will submit the claim.

Can you give me a link to that site please?

[cs101]

guide-to-making-a-claim-booklet-v90-002-3.pdf (mib.org.uk)

Please check page 5

[des8]

There is nothing on page 5 which says your insurer will make a claim on your behalf.
They are instructing persons involved in accidents to make a claim against their own insurers.
If the victim of an accident does not have insurance they may make a claim against MIB

Now check with your insurers if they are pursuing a claim with MIB on your behalf for your uninsured losses

[cs101]

Thanks, DES8. Will do.

[Manxman]

I don't want to complicate things unnecessarily, but cs101 , what makes you say the vehicle that crashed into your van was "uninsured"?

I know it had been stolen and that the driver would have been uninsured, but I didn't think that necessarily meant that the vehicle would be uninsured.

Unless a vehicle is SORN, it's a criminal offence if the owner doesn't have it insured. My understanding was that where a stolen vehicle is involved in an accident, then the vehicle's insurer (if there is one) is still liable to third parties even if it had been stolen.

I might very well be mistaken of course, but if I'm not I wouldn't be surprised if MIB rejected any claim on the grounds that the offending vehicle did have a valid policy on it.

[Edit: The fact the OP's own insurer isn't following this up suggests I'm either (a) hopelessly wrong, or (b) the vehicle really wasn't insured]

[des8]

Unless a vehicle is SORN, it's a criminal offence if the owner doesn't have it insured. My understanding was that where a stolen vehicle is involved in an accident, then the vehicle's insurer (if there is one) is still liable to third parties even if it had been stolen.
/I]

My understanding (which could be out of date) is that any insurance policy taken out by the owner of the vehicle may compensate innocent victims of injury (not property) but it is at the discretion of the insurance company involved.