What would you do?

[BetteK]

Sorry if this wrong thread but my sister's car was recently hit by a lad backing out of a side road and he asked that they didn't go through the insurance but settle privately. Now we were pretty sure he didn't have insurance and after waiting and waiting to get any compensation from him my sister rang her insurance company yesterday with his registration number only to have it confirmed ... he has no insurance.

We are tempted to report to police but fully expect a brick through the window or something. What should we do, do you think? Thanks.

[ummmm]

Report him...

[yogi-bear]

You gave him a chance, BetteK.........he blew it.......report him asap if you want compensation for your sister's car.
If he breaks your window, he's in even more trouble.

Good luck. :0)

[mickrog]

im with the 2 previous posts......he had a chance now he can face the music

[dotty.]

problem now is that she may be too late to report the accident to her insurance company, I;m not sure but her policy will give a tinme limit, and if anyone was injured the police should have been told, which may be a problem now as well

[BetteK]

No injuries. His car was a "write-off" (my sister took photo's) but is now "fixed" and back on the road. Only minor cosmetic damage to my sister's car (but has a quote of £900) to fix it!!!!! The lad's aunt came to my sister's house last night and his dad has also rung her saying it will cost her too much to claim on her insurance ... surely the claim would be against his insurance if he had any and my sister's insurance should not be affected?

[WELSHYORKIE]

Agree with ummmm

[yogi-bear]

You may have a good point there, dot, but BetteK mentions in her post that her sister rang her insurance company, so they must be informed already, so awaiting her decision to act or not.

BetteK,

Did your sisters insurance company say that they will help in the claim if you report it to the police or has she been told that she is too late to claim an dthe police report is the only way to proceed?

[BetteK]

Sorry Yogi-bear, not too sure. Just spoke with her on the 'phone and she has rung them this morning with a little more information - won't know more until I see her tonight.
I think they were ok with the delayed notification ... accident happened on 4th Feb (my birthday!!!!). She just tried to be fair to the lad but he hasn't been fair back.
Thanks for the input and advice ... will wait and see what happens now his "family" have got involved.

And I will let you know if we find a brick through the window or her car trashed!!!

[bennhoughton]

if he has no insurance you will have to claim from your sister will have to make a claim against her own insurance policy - will have to pay the excess and also will affect her no claims bonus - sorry!

[Barmaid]

Can the OP's sister not pursue the uninsured driver through the small claims court BH? If he does not settle the claim, surely the MIB has a duty to do so?

(Actually, I know the answer to the first question - of course she can but it's the second question that troubles me).

[themas]

The MIB is there to deal with claims against uninsured drivers, but I believe there are conditions & hoops to jump through. However, I was under the impression the insured driver's insurer dealt with all this without the need to go to Court - maybe I'm wrong Barmaid?

[Barmaid]

I thought the MIB would only step in to satisfy an unsatisfied judgement against an uninsured driver. Therefore the judgement is a prerequisite. However, there is also the possibility that if the car is insured but the driver wasn't then the insurer of the car still has a liability to settle an unsatisfied judgement. I think the OP should a) get her insurance company to deal with it and b) report to the police.

[BetteK]

Have a bit of an update - my sister maanged to get lad's 'phone number and has passed this to her insurance company. Despite no insurance details surfacing when lads reg., no., checked it now seems he is insured on his father's policy - hence the reluctance not to hand over any details.
He is maintaining it was my sister's fault as she saw him backing out of the side road and put her foot down to try and squeeze through the gap. What an idiot (him, not my sister!!!) The lad and his family are well known trouble makers in the area and if she doesn't tread very carefully then there will be recriminations.

Just stress she could do without really.
Thanks for all the input and advice.

[themas]

Barmaid

I think both of us are perhaps partly wrong! From what I can understand of the MIB site they don't expect a Court judgement but the innocent driver has to claim from MIB (i.e. it is not the insurance co. that deals with it).