Ex Friend write off car

[Shell1162]

Hi I made the mistake of lending my car to a friend who agreed to pay to be added to my insurance and also said they have no claims or points. They have now written off the car and are avoiding the insurance for a dvla licence check which i presume is they have something to hide.
My question is can i claim in small claims for the car which is a write off, the insurance and the costs ive incurred and will incur for the next three yrs with a claim they have caused on my insurance.
I have messages saying did they want me to ge them to replace the car, or pay for it to which i replied i want to be back in the position i was before you wrote my car off. They replied we will sort it. Now they are ignoring my messages.
Many thanks in advance for any advice

additional info I am fully comprehensive and there is an excess.

[des8]

Re: Ex Friend write off car

Hi and welcome.
Could you please give more deais of he claim that appears to have been met by your insurers?
Was this a claim by a third party your "friend" collided with?
Was your insurance fully comp?
Did you add your "Friend" as a named driver?
Are the insurers refusing to pay for damage to your vehicle?
If so have they given you a written reason?

From your post I am understanding that the insurers carried out a DVLA check on your friends licence and found it was not in order in some way, but an exact reason would make it easier to advise you on your next steps.

[Shell1162]

Re: Ex Friend write off car

sorry to be clear

My friend said they could not put my car on their insurance as they had commercial and they said they would pay to go on mine. They have not paid the cost it cost me to add although they said they would. They drove into the back of another car and have written my car off... My insurance are trying to do a licence check on this person but they will not co-operate and do one they will not phone the insurance back to do it. So i believe when they messaged me saying they had a clean licence i now doubt it. Why should i claim on my insurance lose the 8 months policy on my insurance from the policy being cancelled. My insurance cannot do the claim if this person does not respond. I think they should pay the cost of the car as they damaged it and the cost of adding them to the insurance. I want to know if i can take a small claims out against them for the cost of the car and not claim on my insurance as it was their fault.

[wales01man]

Re: Ex Friend write off car

Is your insurance paying out the third party

[des8]

Re: Ex Friend write off car

So we have to conclude your "friend" possibly doesn't even have a licence!
Obviously you didn't check before adding him to your policy (a mistake I doubt you will make again!)

Were the police involved at all?

As per Wales: have the insurers paid the third party damage?

Regarding your own damage, if you have comprehensive insurance (you didn't answer the question!) your insurers will not pay out if the driver does not cooperate.

The circumstances are still unclear, but basically you could sue for the premium for adding him to the policy, as well as for damage to your vehicle, as well as loss of insurance premium if you have to cancell your insurance.
You could also add to that a claim for loss of use of your car, OR the cost of hiring a similar vehiclefor the time you are without a car.

However could he pay? Does he have the funds or assets available?
Little point suing a person who is broke

[Shell1162]

Re: Ex Friend write off car

Morning Both

Many thanks for your assistance so far. Yes my insurance are paying for the third party but they will not pay me until or if he does a licence check. I checked he had a licence etc and confirmed in messages he had no claims or convictions to which he said he didn't. My insurance are ringing and texting him but he does not respond to do the dvla check to make sure so I think he must have or why else would you avoid doing it. His car broke and I fell for a sob story (no will not make that mistake again). My insurance know I am trying and I have done all the check I need to even though I was not in the vehicle at the time. The car is Manchester way I an in south wales. He may not have cash but he has assets a house in chesterfield and a property in Cyprus and a vehicle. I don't see why I should be financially out of pocket for his mistake. He says he was doing 30mph my insurance and myself think he was lying. Since the accident and friend checking him out on facebook (screenshots taken). He was posting pictures on his mobile while driving has made comments about driving on tramadol (not sure if this was at the time of the accident. I have messages saying he will sort as I have said all along this is his responsibility. I don't want more than to be back in the position I was before I made the mistake of lending him the vehicle.
Your help is appreciated Shell

[des8]

Re: Ex Friend write off car

You indicated that the insurers had voided the policy.
Have they suggested that having paid the third party damages, they may proceed to claim that payment back from either the driver or yourself?


I would suggest that you write a "Letter before Claim" to your friend telling him that if he doesn't either start cooperating with your insurers or pay you the sum of £xx you will initiate
court proceedings.
Warn him also that if your insurers recoup from you the monies they have already paid to the third party you will seek reimbursement from him, if necessary through the courts.