Hi, mr kazza was reversed into in tesco's carpark on his motorbike today - he is ok, the bike is mangled. The driver gave all details, name, address phone number, registration etc but then about 2 hours later called mr kazza to tell him that although he thought he was insured in the company van, it turns out he wasn't, but that he would be willing to pay for the repairs i have several q's 1) the bike had already been recovered by mr kazzas insurance company: if he tells them the other person was uninsured, will they inform the police? 2) usually mr kazza would pay the excess then his insurance company would claim it back from the other one, but in this case that wont happen ... even if the other party pays for the damage/excess this will still be a claim against mr kazza wont it? 3) is it too late to get the bike back from the insurance company ...? will this make his next years insurance go up? 4)how could we make sure the person is going to pay? What if the bike gets repaired then he disappears? 5) should we report the man to the police anyway?
I was hit a few years ago by an uninsured driver, who gave false information at the time of the crash. My Insurence company paid for all repairs and i only had the excess to pay, finally traced the woman and took her to court and claimed all costs back including my excess, if you have legal cover on your policy then this should also apply to you. At the end of the day the man had no insurence what if he had caused serious damage to you - people like this need taking to court, the reason the price of your policy is so high (and everybody else) so because people like thim think they can ride around all day without paying and when something happens think they can just wash it ovewr with a "i'll pay for the costs" - take him to court
1) yes
2) If the other driver has agreed to pay then your IC should not have to get involved in terms of paying out. You can tell your insurance company that the driver has agreed to pay all costs, it will then become a no fault notification as far as your company is concerned.
3) No you should ask for the bike back as you are not claiming from your own insurance compnay
4) presumably this person does not want to be prosecuted, get name address, reg, date time all details and then you can demand full compensation or you go to the police.
5) only if he welshes on the deal in 4)
In reality he either fully compensates you or you get the police involved and bring the law to bear.
My personal take on it would be that, despite the fact he said he thought he was insured in the company van I'm sure he would have known one way or the other (if he as he says wasn't insured he could be charged with taking a vehicle without permission).
What you therefore are asking is should I trust a person who has already demonstrated a tendancy to break the law.
If you don't report him to the police now and then he does a bunk it would then be a case of "We didn't do our civic duty and report him be cause we were alright jack, now were out of pocket we want to report him".
When you read this site you will see why you must report to the police now, You can claim for damage to your bike, or car when damaged by an uninsured driver, you cannot claim for injury though.