Rapid 17

My daughter and her mother were involved in an rta late Saturday morning. They were in a queue of traffic waiting to enter a roundabout. A young guy in an Alfa Romeo of some type ran into the back of a Skoda Octavia (which was immediately behind my daughter's CTR) with such force that the Octavia then rear ended her CTR. My daughter telephoned the police who arrived very quickly. They did the usual checks and discovered the Alfa driver had no insurance. At the scene, one of the copper's said my daughter would be able to claim against the Octavia driver's insurance even though he didn't cause the accident. Today my daughter had a phone call from the police who said
she may not be able to claim from the Octavia driver and in view of the Alfa driver having no insurance she would probably have to claim on her own policy.
Does anybody know whether this is indeed the case please ?

Any help gratefully received.

Geoff.

Lurking Lawyer

Usually, the claim will be against the car which causes the damage, and then that car can claim against the car that hit them. In practice, the insurance companies tend to have an agreement that the car at the back will pay.

However, if the car at the back has no insurance, it shouldn't affect your daughter's ability to claim agaisnt the insurance of the car that hit her, even if it wasn't their fault. It just means that their insurer can't pass on that liability.

I don't practice RTA law though so what happens in theory may not be what actually happens in practice! I would certainly take it up with my own insurer though and insist they pursue the car that had hit me, irrespective of whether they could then pass that on - "not my problem" just about sums it up.

Good luck getting it sorted.

motogp1

This might help.

http://www.dft.gov.uk/pgr/roads/miud/unins...greement?page=5

Glad they are both ok thats whats important

Starlight

Similar incident happened to my wife a couple of years ago.

From memory, She claimed against the Volvo that hit her who claimed against the Shogun that rear ended the Volvo.

Police were called as it blocked a main road.

In that case, because the shogun had killed itself in the rear of the Volvo which was caved in in the rear, the police prosecuted the Shogun driver and made him pay for driver training.

Pass it onto your insurance company with all the details, they will almost certainly go for Skoda who will be stuck without being to claim against the Alfa.

In my opinion, the Alfa should be taken by the Police and crushed to prove a lesson to the idiot for having no insurance.

In fact this should be standard procedure for anyone caught with a clearly uninsured or non MOT'd car or when driving without a licence. Crush the vehicle if it belonged to them (as in was not stolen)

Jel

Motogp has it spot on.

MIB will ultimitely pay, however, the Octavia's insurer will probably pay out in the first instance then seek recovery.

I wish the police would stop giving their opinion on insurance matters!

Your insurers should have advised you on the procedure - it's pretty straightforward (and all the more common these days)

Rapid 17

Many thanks for the replies folks, much appreciated.

Geoff.