Uninsured car

[Unregistered]

Hi

My wife reversed into an uninsured car that was being used on a public road.
9 months later our insurance renewal came through stating we had a claim against us.
After contacting our insurance to find out why they had paid for the repair we were told they had to pay out on this one.
This seems wrong to me as surely the uninsured car should not be on the road?

Any help much appreciated

[slainte caragh]

Re: Uninsured car

Hi and welcome to LB.

A few questions so we can help out further, are you in England/Wales/ Scotland or NI?

Wasn't too sure of the answer so have had a bit of a scout about and found this https://www.mib.org.uk/media/166917/...land-wales.pdf

From what I am reading they shouldn't have paid out if the car was uninsured, but I am sure someone will be here soon with more information

[des8]

Re: Uninsured car

hi and welcome

Your insurers had no choice but pay out.
Your wife caused a loss to another person.
The fact that that person was breaking the law does not excuse your wife from liability.

[slainte caragh]

Re: Uninsured car

Even with that uninsured drivers agreement [MENTION=39710]des8[/MENTION]?

Honestly intrigued by this one.

[des8]

Re: Uninsured car

Even if the vehicle is uninsured, no MoT and balanced on bricks it is still third party property.
If you (or anyone else!) damages someone else's property, they are liable for the damage.

That agreement with the MIB is designed to indemnify third parties when damaged by uninsured or untraceable drivers.
Presumably you are looking at para 7 where it states "MIB is not liable......etc." which means that when an uninsured vehicle is damaged in an accident the MIB will not be liable for damage to that uninsured vehicle.
It does not remove liability from a person who causes an accident, but does mean that the owner of an uninsured vehicle which is damaged cannot claim against the MIB.
That person can however pursue a claim against the person who caused the accident.

[slainte caragh]

Re: Uninsured car

i had no idea thanks

I was reading that part,so that is where my confusion started.

[orbut12]

Re: Uninsured car

Thanks for all the help so far.

Strangely the insurance company have not made it so clear cut and said we are liable for the damage but are insisting the other vehicle was insured.

I checked at the time using the askmid check and it came back not insured. The insurance company are saying the other car was in the middle of a registration plate change.
My argument is that there is a process you must follow when changing a registration plate on a vehicle and it doesn't include driving it without changing the insurance to match the plate.
The askmid check showed the correct vehicle make and model and plate and showed no insurance over a 3 week period after the accident.
We are at the point that we have raised a complaint with the insurance company and they have stated the other car was insured.
We have asked for the details in writing so I can take it to the ombudsman.

[des8]

Re: Uninsured car

care to name the company involved

If they have agreed you are liable for the damage how the hell can they refuse to settle the claim against you.
This really isn't your problem, but the third parties'.
They should sue you, and then you join your insurers into the action.

However, for now WRITE to your insurers CEO confirming all that has happened and been said (I assume it has all been phone calls)
and ask them to explain in writing why, if they agree the driver was liable for damage caused in the incident, and that at the time the driver was properly insured, they the insurers are not meeting the claim.
You require them to indicate which policy clause (section and number) states that in the event of an accident involving uninsured third party property this policy will not pay.
In the event there is no such clause you anticipate they will now meet the claim, but failing that you will join them to any action the third party might bring against the driver.