Consent and Indemnity letter

[Hiphop99]

Please let me know if you have any other questions

[atticus]

Have you asked the insurance company what would happen if she does not sign?

[Hiphop99]

Yes - this was her last email to them. They have not yet replied.

[Manxman]

You were asked earlier to confirm whether your sister's policy has a term in it saying she must indemnify the insurer for any pay outs they've made to third parties if she's convicted of a motoring offence. Do you know if it does or not?

[des8]

Sec 9.15 of 1st Central policy issued through Skyfire Insurance:
Drink and Drugs, Mobile Phone If, following an accident, you or anyone named in the Certificate of Motor Insurance is convicted of driving whilst unfit through drink or drugs or has a breath, blood or urine alcohol content over the legal limit or refuses (without lawful excuse) to provide a breath, blood or urine sample when asked to do so, or is convicted of using a mobile phone whilst driving, then the insurer will not provide any cover under this policy.

I think that explains why the insurer is only willing to act if they are given a consent and indemnity agreement.

Never the less they have a liability under the Road Traffic Act 1988 sec148 to indemnify an injured third party, but they are entitled to recover that cost from the Insured

[Manxman]

Thank you des8

So basically the OP's sister either signs the indemnity or risks getting sued by the insurer for whatever they've paid out to the third party?

I'd also be a bit concerned that if she doesn't cooperate with the insurer they might cancel the policy and the OP's sister have to declare it indefinitely.

[des8]

By pleading guilty to a charge of failing to supply a specimen of breath the OP's sister has already blotted her book from an insurance point of view.
As an asthmatic the better course of action is to attempt to provide, but fail to complete the blowing part.
At court, with medical evidence of the condition, a not guilty plea can be entered on the basis of having a "reasonable excuse" for the failure

The sister now has to decide whether or not to accept the insurers offer to deal with the third party claim or to deal with it herself or instruct her own legal team