Hit by unisured driver and theyre trying to claim against me? Help!?

by admin on August 22, 2010

Back in November last year I was hit when pulling out from a junction.
Here is the story:

I was sat at a junction, in between the central reservation of a dual carriageway signalling to turn right. I had come to a complete stop and checked both ways. The lights were on green but as I was turning right obviously I had to stop and check for oncoming traffic.
It was a clear day, mid morning and not a lot of traffic about and I was in a transit van with a good view of the road. I also had my step-son of 7 with me sat in the passenger seat.
I checked once, then twice that it was clear and then proceeded to across the junction.
As I did so a car appeared travelling at least 60 plus mph to my left and also swerving across to the outer lane. I had no time to avoid the car and it collided with the van on the front left side sending it spinning a full 180 degrees.
A transit van weighes nearly 3 ton’s and a citreon ax less than one.
work out the speed he was travelling!
The accident writ off the van and totally destroyed the the car and im very suprised the driver and his elderly passengers escaped mostly un-hurt.
The driver of the car claimed I pulled out on him but I am 200% certain the road was clear as was my step-son who didnt even need prompting when he said the other car was going really fast.
Anyhows, the police and ambulance were called and it turned out the guy only had a provisional licence.
The passenger were easily plus 80 and were by no means able to supervise a learner driver.
He had no L plates displayed.
He was obviously speeding at least twice the speed limit (30 mph).
Oh and it went on record that he only just passed his breatherlyser test!

I had borrowed a van (for personal use, on a day off) from work to pick up some bits for home and because the van belonged to my employer my insurance would not investigate or cover me for the incident as well as the fact that the other driver was not insured properley.

It was recorderd by my insurance as being hit by an un-insured driver and no more action was taken.

I assumed that was the end of the case untill I my current insurer sent me claim forms for the incident as the guy has put in a personal injury claim against me!
It has come straight from a solicitor which I assume is on a no-win no fee basis and also assume his supposed insurance at the time has refused to deal with as he was driving without supervision, l plates etc.

My question is does this guy have a leg to stand on seeing as though he wasnt legal on the road in the first place?

My two insurance companies, both the one at the time and the other one (i have two cars) will not have anything to do with this yet it has gone on my driver record as a claim against me!

Please help as other than shell out for a solicitor I dont know what to do!

Any help or advise will be greatley appreciated.

Cheers!
The van wasnt insured at all through my company as I was not in work that day. Id made the mistake of stating that to my insurance company! I claimed on my own car insurance cos I wasnt in work.
Doh! Thats what you get for being honest?

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{ 3 comments… read them below or add one }

car253 August 22, 2010 at 7:03 pm

Your insurance company should not be involved because you were driving someone else’s van. Their insurance is primary. Your insurance is secondary. Your insurance would probly not be involved at all. Did you tell your insurance company you were driving someone else’s car? You better call them and make that clear.

The only time your insurance company would be handling the claim is if your employer had no insurance. Call them and tell them that.

Your employers insurance should have already told this guy that you are not at fault and they should have sent this guy a letter denying his claim. Ask your employer to ask his insurance company for a copy of the letter denying the claim.

You should also tell your insurance company that your not at fault. So, why do they want claims forms? Is it just to get your side of the story or what?

You have some info to find out and some phone calls to make.
Good Luck!!

yorkie August 22, 2010 at 7:03 pm

i would contact the citizen’s advice beaureau. they should give you the same advice as a solicitor, but without the expense.

i wish you all the luck in the world.

it sounds like they have tried everything they can think of to recover some of their losses, and are clutching at straws.

i do not think they have any chance!

it will be very hard to prove any injury from nearly a year ago now!

they shouldn’t have been on the road. they are to blame. if they were not driving, they would not have been hurt.

good luck again.

RaidX August 22, 2010 at 7:56 pm

Un-insured drivers are one of the main reasons
why car insurance is so high recently

Although the higher the prices go the more people will refuse to pay the amounts required to insure there car, In-Turn were in a Catch-22 Situation where If we get insured we can’t afford it and if we don’t we still can’t afford to anyway..

So the choice for many is to take the risk of driving without insurance, We need to find some new company’s with lower rates of insurance for many specific model’s of cars.

However that is unlikely insurance company’s prefer to insure all model’s of cars without being specific and doing a broad range of prices rather than personally working out the risk factors for each customer/client Instead they prefer to use programs which doesn’t take into account actually any personal details just broad details which make it hard to determine the correct risk factors.

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