Car Insurance claim from Non UK insured car.

Discussion in 'General Chat' started by sep8001, Feb 19, 2014.

  1. sep8001

    sep8001
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    Hi

    My car was hit by a non UK but EU registered car, the owner is refusing to give his insurance details (has provided name, address and mobile no) as he is saying he was not at fault and we should claim from the person he think was at fault.
    He was driving down the road and a car was pulling out from their drive, to avoid that car his car mounted the curb and hit my car which was parked on the road. Nothing happened to the car that was coming out of the driver.

    I called my insurance and it was like they did not want to know about it as the car was a non UK registered car. So has anyone been in this situation and if you have what did you do, were you able to make a claim without it increasing your premium or losing your NCB.

    Thank you
     
  2. NorvernRob

    NorvernRob
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    If the car pulling out of the drive didn't hit either of you, and neither of you hit that car then as far as I'm aware it's absolutely nothing to do with them.

    To me it's clearly going to be classed as 100% fault of the foreign driver - he hit a stationary car, there's nothing to dispute.

    I'd be worried that your insurance didn't seem to want to know - phone them up again and get some clear answers. It may also be worth reporting it to the police if you suspect the guy doesn't have insurance.
     
  3. PSM1

    PSM1
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    Slightly different scenario but I was driving down a road when a van pulled across in front of me to park on the curb (was coming the other way and turned right to mount the pavement to park). This caused me to swerve and hit the car that was behind the van coming the other way. My insurance covered the costs of the car I hit but then recovered those costs and the costs of repairing my car from the vans insurance. Luckily all vehicles involved were UK registered.
    So my thought would be that you should claim of the insurance of the car that hit you and they should then look to recover the costs from the car that pulled out if appropriate. Is it not a legal requirement for them to give you their insurance details even if not UK registered? Would the police be able to help if the details are not forthcoming?
     
  4. PSM1

    PSM1
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    I would disagree with that since in my case I did not hit the van but it was classed as 100% their fault in the end. Can not speak to this incident but in my case if the van had not pulled across in front of me then there would have been no accident. The fact I did not hit the van did make things a little more complicated leading me to think if anything like that happened again it would be better to not swerve and just plough into the vehicle causing the issue but that s not how you react in such situations. Your first thought is to avoid the thing in front of you. It did not help that the van driver mad up a huge pack of lies to try to cover his ass. I was a young driver then so I think he thought he would try it on. I was able to give evidence to show up his lies for what they were but was within about 2 weeks of going to court about the incident. His position then seemed to change quite quickly when they realised I would go through with it which would mean his lies would be shown up in court.
     
  5. NorvernRob

    NorvernRob
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    I would say your situation is different though, he was already on the highway and obviously made a sudden dangerous manoeuvre to swerve across oncoming traffic.

    To me, someone pulling out of their driveway a bit too far would be down to observation and be an easily avoidable hazard. It happens all the time and I'd be genuinely suprised if that driver was penalised for anything.

    It shouldn't matter either way though to the OP, his insurance company should chasing it up the details, starting with the driver that hit his car.
     
  6. FZR400RRSP

    FZR400RRSP
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    My first port of call would be the police, as refusing to give insurance details is an offence for an accident that took place in a public place.
    Tell them you obviously have concerns that he wasn't insured at all, or even that he has permission to drive the car.
    Once you (hopefully) establish that he is insured, and you hopefully get the name of his foreign insurance company, your insurers can check for the UK representatives of that company via the Motor Insurance Database.
    Then it's up to your insurance company to fight fault with the UK representatives of his EU insurance company.
    How he can deny fault when he hit a parked vehicle is beyond me, this smacks of him not being insured at all.
    If he is uninsured, the MIB can help with that as well.
     
  7. blue max

    blue max
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    If the guy doesn't admit coming out of the drive, there is nothing more to add from him. Maybe it was just an excuse and there was no guy pulling out. Or maybe he is just one of these 'whiplash claimants'. A real mess and sorry to hear this. Really hope it doesn't effect your no claims. Shouldn't but it may be easier for your insurance company to pay out than fight it and you may have no say in it. Were there any witnesses?
     
  8. vinny41

    vinny41
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    which country was the car registered for cars , Some countries require Insurance details to be fixed to windscreen, as above it does sound like no insurance
     
  9. sep8001

    sep8001
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    Thank you all for the posts, we have reported it to the police and they will refer the case to the Traffic Police who will review the case.

    When we went to see him last night to get his insurance details all he kept on saying was that it was the other persons fault and he is going to go to the solicitor today to get them to get the details for the car pulling out of the drive. If he was insured then I see no reason why he should not provide the details.

    He also said that he had a video camera in the car, so hopefully that should provide some thing. I think he was driving very fast and saw the car at the last moment based on the damage on my car.

    Might just have to leave it with the police to see what that can do, but am not happy with what the insurance company fobbing me off. What is the point of paying Legal cover if they cannot be arsed to do anything...
     
  10. sep8001

    sep8001
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    There were people on the road who heard the noise and came out. So do not think it was a whiplash case type thing..

    I think the car was either from Poland or Romania, cannot remember the photos I took at night do not show the number plate correctly. Am waiting to get photos from the other witness who were there.
     
  11. FZR400RRSP

    FZR400RRSP
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    If you have legal cover, that might cover you for your excess if you are forced to make your own claim.
     
  12. sep8001

    sep8001
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    Yes, the address and mobile number matches. Have not checked the name against his licence or anything. He lives down the road from me.
     
  13. blue max

    blue max
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    I was hit by a guy who swung round the corner and hit me (I was virtually stationery on my side of the road). I have pics. He didn't inform his insurance company, changed his story and made claims for whiplash. But in the end, my insurers settled for a bump for bump. They didn't pay the other insurers expense, so I lost half my excess. Even though I had pics and all the evidence (which the insurance company agreed with, so didn't except the claim from the other party). They decided not to go to court as it was not 100% cut and dried. So I lose out because of the financial implications of fighting it. The 'legal cover' people advised my insurance company not to fight it!
    Only if the insurers have a cast-iron case, will you be likely to get even part of your excess back. It took over three years and I have heard nothing since.
     
  14. heathen666

    heathen666
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    The police will tell him under the Road Traffic Act 1988 Section 170 the drive does not have to give his insurance details (name and address, those of the owner of the vehicle if not your own, and its registration number are the only legal requirements) and hasn't broken any UK law.

    That's all great if it's a UK driver and your insurance company can find the other persons insurance through their systems, in the case of foreign drivers you have to go through Motor Insurers Bureau who should be able to track down their insurance company. (and i would also raise the issue that your insurance company doesn't want to deal with a claim involving a foreign driver)

    Either way, good luck with it, I had a very simple claim involving another UK based driver, had witnesses and everything. It turned out that other insurers (AXA) claim department didn't take external calls and barely returned any at the same time. It was on the verge of going to court before they finally paid up.
     
    Last edited: Feb 19, 2014
  15. Gogs07

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    As in life there are no guarantees with insurance but if it was me and my car insurance was comprehensive and had protected no claims discount, then I'd claim on my own policy and would not expect the premium to go up at next renewal because of 1 claim and of course the NCD cannot be affected as its protected, though you would have to pay any excess.

    Give your insurers details of the owners/drivers of the two other cars as both played a part in the damage caused to your car, though from what you say it sounds like the guy pulling out from his drive is the guilty party, and let them chase the other parties to get their money back. If they do the chance of your premium going up, which should be unlikely to start with should then become nil and even if you don't have protected NCD you wont loose any as your insurers got their money back.

    You should then have no difficulty in recovering any excess from the insurer who refunds your insurer. If your policy includes legal expences cover then they will recover your excess, and any other uninsured costs eg hire car, for you.
     
  16. PSM1

    PSM1
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    The problem is that if you do this your insurance quote is likely to go up. Your no claims will be protected but you will now have a claim against your record. This, rightly or wrongly, will put you at a higher risk in the insurance companies eyes hence your premium will go up. So your no claims discount is the same but it is against a higher premium hence you will pay more. Even having a no fault claim on your record can push up your premium so having a claim that they do not recover the money will be even more likely to push up the premium. Hence I would push hard for them to chase up the other parties insurance to ensure they recover the costs.
     
  17. Rawschach

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    just to clarify here as two of the earlier posts are wrong - if you are involved in an accident you claim off the person at fault, this does not have to be the one who hit you

    if someone pulls out of a drive and causes another driver to take reasonable avoiding action, it is the fault of the one who pulled out - therefore if he is telling the truth your claim is against the one who pulled out

    foreign insurance claims involve handling agents - claim off your insurance and let them pursue the liable driver, if it turns out to be the foreign driver they will still be able to get the money back (as long as he was insured)
     
  18. SuperOxford

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    I would agree that it would appear to be the fault of the driver who pulled out but getting their insurers to admit fault my not be easy! However as you are obviously an innocent party in the accident what should happen is that 1 of the insurers of the other parties should deal with your claim full and then they can sort liability out amongst themselves. However if 1 of the insurers are not UK based then that might be more difficult.

    As things stand I would let your own insurers deal with the damage to your car and then chase the other parties. After all if you pay for a comprehensive policy why treat it like a third party only policy.
     
  19. vinny41

    vinny41
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    I think both the op and the driver of EU registered car are required by law to report the accident to the Police it not up to the driver of the EU registered car to decide who is at fault

    As to if it the fault of the driver that was leaving their driveway that will depend on what speed the eu car was going at if it was a residential street speed limit would be either 20/30 mph and stopping distances are 40/75 feet for those speeds
     
  20. Rawschach

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    You only need to report an accident to the police if someone is injured - otherwise they will not do anything.

    It is not up to any driver (nor the police) to ascertain who is at fault - that is what insurers and the courts are there for. If the insurers cannot agree with the claimant it then goes to a judge in the county court who makes a decision. Which can then be appealed.

    Your point about speed is not necessarily correct. If you pull out of a side road into the path of a speeding car, you will not find the speeding car held 100% at fault (if you could actually prove what speed they were doing) There is still a duty of care on the driver pulling out to check the road is clear
     
  21. vinny41

    vinny41
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    Most insurance companies request a police report number if you have been involved in an accident and the Met Police have a form to be downloaded where you can bring to police station for it to be logged and stamped
    Collision forms and reports - Metropolitan Police Service
    It would interesting to find out how many non-eu vehicles have no insurance, no MOT or similar and No road tax , you see many republic of Ireland vehicles on the UK roads , the highest road tax in Ireland is
    €2350 per year which means it would be cheaper to get you vehicle onto UK license plates unless you are paying nothing
     
  22. Gogs07

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    Looks to me that everyone is overthinking the situation. Having a parked car damaged clearly shows you are the innocent party and as you can identify the others involved your insurers are about 99.9% certain to recover the cost of repairing your car so your premium and NCD are similarly 99.9% unlikely to be affected.

    Cant see the point in you doing anything other than claiming on your policy and letting your insurers do their job with those odds in your favour.
     
  23. blue max

    blue max
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    The insurer will do what is easiest and most cost effective. If it gets claims for whiplash from the van driver, it will either have to defend them or fight it. It might be cheaper just to repair the OP's car. If IT decides to do that, it will cost the op at least half their excess and may form a claim.
    What is good for the op is irrelevant.

    Unless it is in the insurance companies interests to start to unpick the situation (without a 100% chance of winning), it likely won't bother.

    Much easier to deal with it themselves and leave the op out of pocket. That's the situation. Forget justice!
     
  24. sep8001

    sep8001
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    Thanks. We have filled in a RTC for at the police station and are waiting to hear from the police.
     
  25. sep8001

    sep8001
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    I agree but when we phoned the insurance and as soon as we said it is a non UK car they became unhelpful. I had call from a solicitors company on Friday and they said that my insurance company gave them my number but they started asking me for name, address, Dob etc.. I asked them to call back as if the insurance company gave them the details I would have thought they should have these details.
     
  26. Gogs07

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    I assume the solicitors who contacted you stated they are to act on your behalf, which would require you to have legal expences cover as part of your car insurance policy, rather than for one of the other two parties involved. If that's the case their job is to recover your uninsured losses e.g. excess, car hire costs. They would not get involved in repairing your car as that's an insured loss for which you claim on your car policy.

    If you want your car to be repaired quickly and without having to chase the other parties to get one or other or both of them to accept liability the way to do it is to make a claim on your own policy. If you do that your insurers cant become difficult they have to do what you've paid them to do which is repair your car if its damaged. They will then seek to recover whatever they pay out from the guilty party.
     
  27. sep8001

    sep8001
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    Update.

    The guy was not accepting that he was to blame. I am going through one of those no win no fee companies to get it sorted.

    The car has been written off. :(
     
  28. vinny41

    vinny41
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    is that the guy that hit your car or the other driver
     
  29. sep8001

    sep8001
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    Yes, he actually hit a parked car in front of my car and due to the force it pushed that car into my car.

    Nothing happended to the car that had pulled out of the drive.
     
  30. blue max

    blue max
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    If travelling at speed down a residential road and being unable to stop, then it clearly is his fault. If he feels he has some claim against someone coming out of their drive, then that is his issue to pursue.

    Has your insurance company not taken it on (I would have been surprised if they did anything but make you make a claim against your own insurance).

    I really wonder if the no win guys will touch it either. But good luck with it - it's a terrible situation.
     

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