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Another question for the collective :)
karlak - 29/3/14 at 07:41 AM

Mate just called me about this.

He heard a smash outside his house at 4am, ran out (in his underpants - i know , i know). To find a car had lost control, hit the car behind his wifes car, veered right and took out a wall opposite his house. The driver had then put it in reverse, smacked into his wifes car damaging the rear door and rear wheel arch. The driver could not make off as he has knacked his front wheel, he locks the car and scarpers with the passenger. Mate gave a short chase, but probably luckily didn't catch up.

They called the Police who turned up some time later and arranged to recover the car as it was blocking the road. Car had scales and other stuff in it.. grrrrr

His wifes car is a nice condition 52 plate Focus, but would probably be a write off. The police have told him the driver is insured, but if the driver was pissed, which is highly likely according to what they saw, then the insurance would be void. Is this correct ? I was under the impression the insurance would cover third parties in any event.

I think the most likely outcome is that he will not have been home when the plod turned up and is probably reporting the car "stolen" around now. Scumbags like this know exactly how to play the game and get away with it.


Also, as the police have turned up and took his wifes car details, I am guessing he is kind of obliged to report it to the insurance company and then probably take a hit on future premiums.

Any advice or experience ?

joneh - 29/3/14 at 08:07 AM

Would your mate be able to ID the driver from a line up?

All insurance companies are obligated to cover the costs incurred to any third parties that the insured is liable for under the The Road Traffic Act 1988, regardless of whether the insured was over the legal limit.



[Edited on 29/3/14 by joneh]

karlak - 29/3/14 at 08:15 AM

quote:
Originally posted by joneh
Would your mate be able to ID the driver from a line up?

All insurance companies are obligated to cover the costs incurred to any third parties that the insured is liable for under the The Road Traffic Act 1988, regardless of whether the insured was over the legal limit.



[Edited on 29/3/14 by joneh]


He could ID the passenger, but did not get a look at the driver.

joneh - 29/3/14 at 08:56 AM

I think for now he can only hope the plod do their job and finger print the car and scales etc..

02GF74 - 29/3/14 at 09:18 AM

quote:
Originally posted by karlak
The police have told him the driver is insured, but if the driver was pissed, which is highly likely according to what they saw, then the insurance would be void. Is this correct ?



no, according to the interweb:

If I have an accident and I was over the drink drive limit will my car insurance be invalid and void?

Many people are under the false impression that if they have an accident while over the legal drink drive limit their car insurance policy will become completely invalid and void. This is untrue.

All insurance companies are obligated to cover the costs incurred to any third parties that the insured is liable for under the The Road Traffic Act 1988, regardless of whether the insured was over the legal limit.

An insurance policy may have a drink and drugs clause whereby in the event of any claim the insured was convicted of an offence relating to drink or drugs their fully comprehensive status will be invalid (not the entire policy). This means they can't claim for any loss or damage incurred to themselves. However, a third party can still claim off a drink drivers insurance policy for any loss or damage incurred to them. The clause usually also states that the insurance company reserve the right to recover the cost of the settlement of any such claim off the insured.

karlak - 29/3/14 at 09:25 AM

So,

I guess the next scenario is that the driver claims the car was stolen. High and dry then I guess ?

CosKev3 - 29/3/14 at 10:02 AM

Hopefully the police will sort it out.

if he reports it stolen with no damage to barrel etc he's then got to stage a break in at his home etc for the keys to have been stolen, fingers crossed he will come unstuck if that happens.

He will prob go into cop shop this morning once under the limit and say he panicked etc last night and didn't know he needed to report it.

coyoteboy - 29/3/14 at 10:09 AM

If it is "stolen" all 3rd parties are covered anyway.