Axa reclaiming money from me

[Shaz1980]

Hi all.
To cut a rather long story short here goes........
In 2011 my girlfriend passed her driving test in October, and I said that for her birthday I would get her insured on my car as we needed a month or two to save up the money. I was working night shift on the Sunday night, slept all day Monday ( forgetting to insure her) went to work Monday night, and when I came home went straight to bed. It was her birthday so she took the car and consequently had an accident!

Axa constantly barraged me with letters (a consent and indemnity form) for me to sign,stating that they would not settle third party costs until I signed this. I refused several times. It cost me £2200 just to fix my own car and I didn't want to sign anything which stated I would then pay Axa back for the third party costs.

The letters stopped but I received 1 today, almost 4 years after the accident, saying that they settled the third party costs and they are now seeking to reclaim, from me, £15000 or thereabouts!

My girlfriend received a similar letter.......basically blaming her but in my letter they blame me.

Any ideas of what I should do? I really don't know where I stand legally. Morally I feel like should bugger off!

Any help would be greatly appreciated.

And apologies for the epic length of the post

[nemesis45]

Re: Axa reclaiming money from me

Hi Welcome to LB.

Was there any police involvement regarding an uninsured driver?
There are two points: 1 Technically you have allowed an uninsured
driver to use the car.
2. your girl friend driving when uninsured.

Is there a personal injury case involved?

Why do you feel that you and your girl friend are not liable for the other parties cost/claim?

nem

[Shaz1980]

Re: Axa reclaiming money from me

Thanks for the reply.

Yes the police were at the scene. She received a 1 month ban and £100 fine.......I received 6 points and a £200 fine.

It's not really the case that we don't feel we are liable. It just seems incredibly harsh that because of a simple mistake (honest to god I meant to insure her that Monday but slept all day and forgot) it ends up costing thousands and thousands of pounds.......plus the penalty points.....plus the £2200 to fix my own car.

[nemesis45]

Re: Axa reclaiming money from me

Thanks for the reply.

Yes the police were at the scene. She received a 1 month ban and £100 fine.......I received 6 points and a £200 fine.

It's not really the case that we don't feel we are liable. It just seems incredibly harsh that because of a simple mistake (honest to god I meant to insure her that Monday but slept all day and forgot) it ends up costing thousands and thousands of pounds.......plus the penalty points.....plus the £2200 to fix my own car.

Hi Shaz,

I'm afraid one mistake however small has made a pretty serious breach of the law as you have seen from the penalties + future premiums will go sky high.

In my opinion ( others may disagree) the liability exists and AXA could seek to recover the losses via the courts.

nem

[Amethyst]

Re: Axa reclaiming money from me

I'm not sure if you have said but was the accident involving another vehicle ? Was that damaged and as Nemesis says, was their any personal injury ?

[Shaz1980]

Re: Axa reclaiming money from me

Hi nem,

Thanks again for taking the time to help.

I'm just slightly confused as to how it's all happened.

1) If I was definitely liable would they not have taken me to court at the time instead of sending me a consent and indemnity form to sign 5 or 6 times?

2) Also would they have paid out the third party costs without me signing this document and then reclaim off me?

3) The letters myself and my girlfriend received were basically the same but with subtle differences......mine states that as I allowed her to drive the car I'm liable.....but hers simply states she was driving so she is liable. Seems weird to me that they can't decide who to pursue.

4) Finally, the letters ask us to contact them to sort out repayments and states that if we don't then solicitors will become involved which will increase the cost.

I know very little legally about my situation but it just feels to me that from the very beginning it's been scare tactics from them.

"Sign this or else"........."contact us or else"......"you're liable.....she's liable.....we don't know who's liable"

Maybe I'm grasping at straws but I'd have thought if there was definite liability I would have been brought to court or something long before this? As I said, maybe I'm just grasping.

[Shaz1980]

Re: Axa reclaiming money from me

Hi Amethyst

Yes the other vehicle was damaged but to be honest it was very little. It was a land rover jeep and mine was a small hatchback. Mine cost £2200 to fix myself, and there's no way there was £15000 of damage done to the other vehicle.
I don't know if there was personal injury or not but I'm guessing there was as the figure was so high. The other driver was fine tho as she was walking around afterwards, actually looking after my girlfriend who was in shock and taken away in an ambulance.....minor bruising to her legs.

[des8]

Re: Axa reclaiming money from me



Sorry, but have to agree AXA are fully entitled to pursue either of you for the sums paid out to the third party.
If a vehicle is insured, but the driver is not insured for any reason, then generally the insurers will have to pay the claim as part of their responsibilities under the Road Traffic Act 1988. Paying a claim as RTA insurers enables the insurers to try and recover sums paid out from the responsible party or their policyholder.

[Shaz1980]

Re: Axa reclaiming money from me

Hi Des

As I said above, what's confusing me is the roundabout way they have done things. Persistently trying to get me to sign the consent and indemnity for, which I didn't.
Then nothing for 3 years and now sending different letters to myself and my girlfriend about who's liable.
It just seems that they are desperate without knowing really who's at fault.......I hope haha

[nemesis45]

Re: Axa reclaiming money from me

Hi Des

As I said above, what's confusing me is the roundabout way they have done things. Persistently trying to get me to sign the consent and indemnity for, which I didn't.
Then nothing for 3 years and now sending different letters to myself and my girlfriend about who's liable.
It just seems that they are desperate without knowing really who's at fault.......I hope haha

Sorry to Moj but the " fault/ liability " is clear.

nem

[Shaz1980]

Re: Axa reclaiming money from me

Have you any advice on what I should do? Due to a series of bad decisions I'm currently on a DMP with Step Change Debt Charity so I obviously haven't got 1% of the £15000 they want!

[nemesis45]

Re: Axa reclaiming money from me

Have you any advice on what I should do? Due to a series of bad decisions I'm currently on a DMP with Step Change Debt Charity so I obviously haven't got 1% of the £15000 they want!

Don't ignore this I suggest you make contact with AXA asap explain your situation they will expect some form of payment arrangement, one thing I am sure of is this wont go away.

nem

[des8]

Re: Axa reclaiming money from me

Signing consent and indemnity forms just makes it tidier and easier for AXA
The insurers had to indemnify the third party (section 151 (5) RTA 1988)
I assume they just accepted the third party claims and didn't contest the amounts.

Section 151(8) of RTA 1988 permits the insurer who has been obliged to meet a claim under s 151(5) to recover its outlay from its policyholder if it can prove that the policyholder caused or permitted the use of the vehicle which gave rise to the liability.
As you have refused to sign their forms they need to PROVE you caused or allowed your girlfriend to drive the car.
Only you know the answer to that!
However they can pursue her anyway!

[nemesis45]

Re: Axa reclaiming money from me

Signing consent and indemnity forms just makes it tidier and easier for AXA
The insurers had to indemnify the third party (section 151 (5) RTA 1988)
I assume they just accepted the third party claims and didn't contest the amounts.

Section 151(8) of RTA 1988 permits the insurer who has been obliged to meet a claim under s 151(5) to recover its outlay from its policyholder if it can prove that the policyholder caused or permitted the use of the vehicle which gave rise to the liability.
As you have refused to sign their forms they need to PROVE you caused or allowed your girlfriend to drive the car.
Only you know the answer to that!
However they can pursue her anyway!

Magistrates convicted both policy holder for allowing driver for no ins.

nem

[des8]

Re: Axa reclaiming money from me

Thanks Nem ............. came back to edit post and found you had beaten me to it lol