Someone has hit my car, uninsured should I accept cash? advice please......

[happypig]

Wrong. If you have just cause to be there (even chasing after your dog) and you are injured by a driver insured or uninsured you have the right to claim against that driver. If they are uninsured they are still liable. If I hit a wayward shot off the the 17th at Hollingbury and I hit a car seriously injuring the driver I don't have a third party liability insurance I am liable. As I am if I am insured.

You have to have insurance if you are driving on an area of land that the public has access to. If they are able to gain access legally or not.Private or not.

You're confusing requirements under the road traffic act and civil liability.
All the examples you cite fall under civil, not criminal, law.
If what you say is true then Ford/vauxhall et al would need to insure EVERY vehicle in their factory just in case someone illegally enters the car park and jumps out in front of a car as it is being driven.

 

[Deleted User X18H]

You're confusing requirements under the road traffic act and civil liability.
All the examples you cite fall under civil, not criminal, law.
If what you say is true then Ford/vauxhall et al would need to insure EVERY vehicle in their factory just in case someone illegally enters the car park and jumps out in front of a car as it is being driven.

And to an extent they do. Insurance reaches much further than, 'third party fire and theft', old son.

 

[happypig]

And to an extent they do. Insurance reaches much further than, 'third party fire and theft', old son.

And to another extent, they don't. They have corporate insurance that covers them for public liability in the event of civil action.
You may know about insurance, but you know less about the law than you think.

Anyway, life's too short to have a battle of wits with one so poorly armed.

Goodnight. Old son.

 

[Triggaaar]

Wrong. If you have just cause to be there (even chasing after your dog) and you are injured by a driver insured or uninsured you have the right to claim against that driver. If they are uninsured they are still liable.

The question is, do they have to have insurance, not are they liable. And it's been shown to you that they don't have to.

You have to have insurance if you are driving on an area of land that the public has access to. If they are able to gain access legally or not.Private or not.

FFS hb&b, you're wrong and you're talking shit. Just say 'oh, I didn't realise that, learn something new every day' and move on. No need to think you've lost credit by admitting your mistake. But you're trying to insist that you're right when the world can see you've got this one wrong.

I've pointed you towards law on the subject, and it doesn't say anything about the public being able to break in to gain entry etc. There's no where that no one could ever break into, and if that's what the law meant, it would just say you always need insurance to drive a vehicle (which it doesn't - find us some law that says that). Is it law to have insurance when using a chainsaw? What about riding a bike? What about flying a kite, you could have someone's eye out. Lots of things could lead to injuring someone, but we don't have to have insurance by law. Driving where the public is allowed to go is an exception. Driving where they are not allowed is not.

 

[Lady Whistledown]

Happypig is correct

 

[Deleted User X18H]

Happypig is correct

Rubbish! I hope none of you never find out about this the hard way.

 

[Westdene Seagull]

Rubbish! I hope none of you never find out about this the hard way.

On the assumption you're right ( which you're not ) there's an awful lot of farmers who are breaking the law.

What you are doing is mixing up liability with lawful requirement. To use your golf example, the law doesn't require you to have any public liability insurance but you'd be daft not to. If you hit someone and have no insurance then you would have to cover the costs yourself if the person injured by your golf ball decided to claim against you.

EDIT - if you're so sure then please quote the part of the RTA that requires insurance on private land.

 

[Deleted User X18H]

On the assumption you're right ( which you're not ) there's an awful lot of farmers who are breaking the law.

What you are doing is mixing up liability with lawful requirement. To use your golf example, the law doesn't require you to have any public liability insurance but you'd be daft not to. If you hit someone and have no insurance then you would have to cover the costs yourself if the person injured by your golf ball decided to claim against you.

EDIT - if you're so sure then please quote the part of the RTA that requires insurance on private land.

A new law was passed sometime in 2010 that states if a vehicle is taxed and is being driven on private land i.e land that the general public have no right of access to (i.e footpaths, bridleways) and is PERMANTLY gated and has ONE exit/ entrance point. It still needs to be insured.Farmers will have their own extensive and expensive PL cover.From 2009 onwards the DVLA has discouraged drivers from driving anywhere without insurance.

I'll tell you what meet you up Toads Hole at 10:30 you drive a vehicle you are not insured to drive we'll clear it with Cook and I'll let you run me over (you'll be an NSC hero) then see what the Old Bill charge you with.

 

[Westdene Seagull]

I'll tell you what meet you up Toads Hole at 10:30 you drive a vehicle you are not insured to drive we'll clear it with Cook and I'll let you run me over (you'll be an NSC hero) then see what the Old Bill charge you with.

Tempting though the offer is, I know what the police will charge me with - attempted murder ( or if we were all really lucky, murder ). They wouldn't charge me with driving with no insurance.

 

[happypig]

A new law was passed sometime in 2010 that states if a vehicle is taxed and is being driven on private land i.e land that the general public have no right of access to (i.e footpaths, bridleways) and is PERMANTLY gated and has ONE exit/ entrance point. It still needs to be insured.Farmers will have their own extensive and expensive PL cover.From 2009 onwards the DVLA has discouraged drivers from driving anywhere without insurance.

I'll tell you what meet you up Toads Hole at 10:30 you drive a vehicle you are not insured to drive we'll clear it with Cook and I'll let you run me over (you'll be an NSC hero) then see what the Old Bill charge you with.

I see what you are referring to and whilst partly right you're also partly wrong.
Directgov says :
If you're the registered keeper of a vehicle, it must be insured at all times.

The exceptions are:

if you have made a SORN for the vehicle
if your vehicle has been kept off-road since before SORN came into force on 31 January 1998 – unless it was brought back into use
if your vehicle is recorded as stolen, passed or sold to the motor trade or between registered keepers
if your vehicle is recorded scrapped or permanently exported by the Driver and Vehicle Licensing (DVLA)

 

[lewesgull]

So I told him I have no option than to pass it through my insurance company, who tell me that if his boss has it insured, even without him being named thay can claim on his policy. However when they did a quick check on the reg no. they could see no insurance listed. I was assured this does not mean it is uninsured (although I have a sneaky suspition it isnt). Any way left it in their hands and should get an up date in a day or so.

If it is insured on a fleet policy, possibly as a trader or similar it wont show on the MID what company insurers it but the owner obviously is going to have to confrim who the insurers are.
As previously mentioned if he isn't insured on it, check if he has his own policy that lets him drive other vehicles as this would be a far quicker route for your own insurers to recover their outlay and record this as a non fault acident

 

[lewesgull]

I see what you are referring to and whilst partly right you're also partly wrong.
Directgov says :
If you're the registered keeper of a vehicle, it must be insured at all times.

The exceptions are:

if you have made a SORN for the vehicle
if your vehicle has been kept off-road since before SORN came into force on 31 January 1998 – unless it was brought back into use
if your vehicle is recorded as stolen, passed or sold to the motor trade or between registered keepers
if your vehicle is recorded scrapped or permanently exported by the Driver and Vehicle Licensing (DVLA)

correct

 

[lewesgull]

Interesting point you make. He admitted liability there and then. That invalidates his insurance. All insurance companies state in their conditions never admit liability but ask you directly who caused it. If you do, you are basically saying my insurance will cover it. Your insurance company is the one who decides what to do with its money not you.

no it doesn't invalidate the insurance. Your right they ask you not to do it but even if you did it wouldn't affect anything. Some people have even signed confessions of guilt at the roadside which insurers will simply disregard

 

[PILTDOWN MAN]

no it doesn't invalidate the insurance. Your right they ask you not to do it but even if you did it wouldn't affect anything. Some people have even signed confessions of guilt at the roadside which insurers will simply disregard

Really, some insurers make it a condition of insurance. Therefore if you fail to adhere to their conditions then they are entitled to cancel your policy. Anyone who believes that insurance will not attempt to relieve themselves of having to pay out is frankly,
deluded.

 

[lewesgull]

Really, some insurers make it a condition of insurance. Therefore if you fail to adhere to their conditions then they are entitled to cancel your policy. Anyone who believes that insurance will not attempt to relieve themselves of having to pay out is frankly,
deluded.

Yes

as already stated in this thread earlier, under the RTA an insurer who holds a certificate for a vehicle has a duty to satisfy any unsatisfied judgement (unless the car was stolen) so it is in the interest to defend a claim and argue liability to try not to pay at all or if there own driver was responsible pay out rather than waiting for this to happen and then pay it at an inflated rate.

 

[Triggaaar]

On the assumption you're right ( which you're not ) there's an awful lot of farmers who are breaking the law.

And those who drive their vehicles on racetracks.

A new law was passed sometime in 2010 that states if a vehicle is taxed and is being driven on private land i.e land that the general public have no right of access to (i.e footpaths, bridleways) and is PERMANTLY gated and has ONE exit/ entrance point. It still needs to be insured.

Care to post a link to this law, because no doubt you've made up the details.

 

[Triggaaar]

Happypig is correct

Rubbish! I hope none of you never find out about this the hard way.

The hard way would be being prosecuted by the police for driving without insurance. Isn't Edna a police officer?

 

[happypig]

If you make and arrangement with someone you know to be uninsured and you accept money from them in lieu of damages and thus enable them not to have to report the incident to your insurer and therefore the Police. You are technically perverting the course of justice.

You aren't perverting the course of justice, technically or otherwise. If someone hits my car, admits liability and offers to pay for the damage without involving his or my insurers and I accept his offer, are you honestly suggesting that I am instantly guilt of an indictable offence punishable by a maximum of life imprisonment ?
If said person isn't insured, that is entirely a matter for him.

 

[lewesgull]

You aren't perverting the course of justice, technically or otherwise. If someone hits my car, admits liability and offers to pay for the damage without involving his or my insurers and I accept his offer, are you honestly suggesting that I am instantly guilt of an indictable offence punishable by a maximum of life imprisonment ?
If said person isn't insured, that is entirely a matter for him.

absolutely right