US citizen in UK could use a bit of guidance

  • DragonAsh's Avatar
    Hello. US citizen, living here London about 4-5 years now, also driving although not all that much, only 3-4,000 miles a year, and 2/3 of that probably on the 2 or 3 long road trips we take each year. Never had any need (thank goodness/knock on wood) to use the insurance policy I have.

    Two nights ago, kids are in bed, wife and I are putzing around in the living room (*) when we hear a screech of breaks followed by a very loud thudcrash of metal hitting something hard. We look at each other, like, 'that was -close-', look outside our front window - to general mayhem. There's a Benz Kompressor in rather bad shape, half-way in our driveway, passenger side all bent to hell, any spot that used to have glass on it gone, door handle gone, front number plate was found yards away. The two-foot brick wall between our driveway and the sidewalk is...not there, huge chunks of what used to be a brick wall are strewn across our driveway, several chunks managed to hit our car - obviously parked in our driveway - on the fly doing some fairly serious damage. Thank goodness the car was parked well into the driveway; had it just been 'in the driveway', it probably would have been totalled.

    First thing I do is check for injuries - thank god, just a few bumps and bruises; pretty amazing given the speeds they had to be going at. Just two young kids in the car (wtf are they doing in a Kompressor, I ask myself). I call emergency, and......yeah, the cops are not coming out because 'the road isn't blocked (no, but only because the car managed to bury itself into my driveway wall) and nobody is injured (well, nobody appears injured, but who knows? What if someone has a concussion? I'm not a doctor). As an aside - I can't tell you how strange it is that an accident of that magnitude, and the police were like, 'yeah, exchange details, you're on your own'. What if the car was stolen? What if he was speeding (like, d'oh, he had to be going waaaay over the speed limit to wipe out like that). How do I know if the guy is giving me his real details? What if he doesn't have insurance? What if he was drinking?

    Because yeah, here's where it gets weird: Driver says a) he's not the owner of the vehicle, his cousin is the owner, and b) oh yeah, he doesn't have insurance. Oh and btw, yeah, he just turned 19, uni student (again - driving a Kompressor??), 'I know a place that can fix your car for a hundred quid or so (I can't get the eyes to roll back in my head far enough to show how ridiculous I know this is; I'm thinking it will be £2,000-2,500 at least). Says he got his license a year or so ago (damn, shouldn't he be losing his license for an accident this serious within the first two years? Seriously, the cops aren't coming out? Lucky dude).

    I tell him to call his cousin and get his insurance details, which he appears to be doing - well, using the phone and talking in - unfortunately, not English. No idea what he's telling the other party. In the meantime another person shows up, appears to be a friend of the passenger in the car at the time. He starts in with the 'your insurance will go up if you make a claim, we'll fix the wall, we'll get your car fixed good as new, blah blah blah, no need to go to the insurance co, blah blah blah'.

    I'm having none of it, am taking tons of pictures. When the new guy that just showed up starts getting really aggressive 'insurance companies and the dealer repair shops rip you off, how come you can't help out a uni student, blah blah blah' my wife starts videoing everything. I tell them to get the owner of the car here pronto, or at least on the phone, or I'm going to report that the car that caused the accident appears to have been stolen. That appears to do something, because about 15 minutes later another young kid shows up, probably only a couple of years older than the driver - and he looks at the car, and goes nuclear.....yeah, he's the owner. Looks like he's about to punch the lights out of the driver - apparently, he got the car like three days ago, and let the cousin take it out to go to the nearby Tesco or something. Sheesh. Anyway - he says he doesn't have fully comprehensive insurance, but he just said that the driver did have his permission to be driving the car. He gives me what he says are his contact details (his mobile, at least, appears to be correct). I left a message with my insurance agent today, but no response yet.

    Basically - what does the guy's insurance situation do to things? Even if the driver at the time wasn't a 'named driver' on the policy, the owner should still be liable, no? Since he gave him permission to drive the car? And I've heard horror stories about stories suddenly changing - the guy basically drove himself into the brick wall in front of my house, but what if the story changes and he makes up some **** and bull story about 'the car was pulling out of the driveway all of a sudden' or some other wild-*** claim? How in the world would I even prove that it wasn't the case? I've heard of insurance companies that have apparently rather randomly decided to pin the blame on one party or the other, which would kinda suck.

    Does anything change in terms of repairing the car, vs the property damage (the wall)? Do I just get a couple of quotes from builders on what it would take to repair the wall as it was and that goes to his insurance company? Or to the driver (owner?) directly?

    Thanks in advance for any advice!

    DA
    *not a euphemism
  • 15 Replies

  • Santa's Avatar
    I think that the police were well out of order here by not attending. It may be worth you while considering making a complaint.

    From what you say, it's highly likely that the guy driving was not covered by the insurance, in which case you are pretty much on your own. In fact all those concerned will quite likely swear that they were home watching TV when it happened.

    The house insurance should take care of that damage - Is it your house? If rented then the owner's insurance.

    As for the damage to your car then you have to report it to your own insurer. Send copies of the photo's and make sure that they have the details of the driver.

    Many insurances have a clause which allows claims where the third party is not insured. My policy says "Uninsured driver cover – If an uninsured driver hits your car, through no fault of yours, as long as you supply their vehicle registration and the accident details we'll refund any excess paid and your No Claim Discount won't be reduced."

    At least they can't say it was your fault.
  • dacouch's Avatar
    Check if the vehicle itself is insured here www.askmid.com

    If the vehicle is insured then providing the driver of the vehicle is "identified" then you can claim against the vehicle's insurance irrespective of whether the driver was covered by the policy.

    In this country, the owner telling you he had given the uninsured driver permission to drive the vehicle would mean he also ends up with a conviction for having no insurance, however as the police did not attend neither is likely to receive a conviction.

    If the driver is "Identified" and the car has a policy on it, be aware that once his Insurers have paid out your claim they will try and recover their outlay from their client
  • Dennis W's Avatar
    The driver may have been under the influence of drugs or alcohol.

    What you should have said to the police is that you could smell alcohol on the breath of the driver.

    Has the car been removed from your property yet?

    Visit your local police station in person and request that a police sargent comes out and inspects the scene of the incident.
  • DragonAsh's Avatar
    > If the driver is "Identified" and the car has a policy on it, be aware that once his Insurers have paid out your claim they will try and recover their outlay from their client

    sorry - just double-checking, what do I need to 'be aware' of?
  • Dennis W's Avatar
    Also. make a full note of everything said by the driver and occupant of the vehicle. did the driver give you his name and address?

    Make sure that the police record the incident as crime or a road traffic accident. Ask them for a crime number.
  • DragonAsh's Avatar
    > What you should have said to the police is that you could smell alcohol on the breath of the driver.

    Well...I didn't actually smell alcohol on his breath at all. Certainly didn't seem like he was on drugs or anything, but IANAD, so what do I know. If I say I think I smell alcohol on his breath, does that kinda force 'em to come out, and can they get me in trouble if they say, 'hey, he's stone cold sober as a monk, no way you could have smelled alcohol on his breath'?

    Also - thank you very much for the askmid link; going on permanent bookmark in my smartphone now.
  • Dennis W's Avatar
    As I said earlier, You should make a personal visit to your local police station and ask to speak to either a sargent or an Inspector, and say that you wish to report the incident because you believe there were several serious offences committed. Including: driving without insurance. driving without due care and attention. speeding. driving without the owners consent. Whether they can interview the driver and the owner.

    Was the Kompressor properly registered?
  • Santa's Avatar
    I should add, for the benefit of the OP, that Dennis has a reputation on this board for making oddball and irrelevant comments. Best ignored.
  • dacouch's Avatar
    > If the driver is "Identified" and the car has a policy on it, be aware that once his Insurers have paid out your claim they will try and recover their outlay from their client

    sorry - just double-checking, what do I need to 'be aware' of?

    What I mean is it sounds like they have caused £3K +++ of damage and if the owners are forced to pay out to you due to the way the law is worded, the Insurers will be looking to recover the money they have paid from the owner. From what you have said the driver and his associates were trying to pressurise you into accepting a cash settlement with their friends doing the work. When they realise the car owners Insurers have to pay out they may try and pressurise you as their insurers paying will cause a lot of problems for the mercedes car owner.
  • Dennis W's Avatar
    What I mean is it sounds like they have caused £3K +++ of damage and if the owners are forced to pay out to you due to the way the law is worded, the Insurers will be looking to recover the money they have paid from the owner. From what you have said the driver and his associates were trying to pressurise you into accepting a cash settlement with their friends doing the work. When they realise the car owners Insurers have to pay out they may try and pressurise you as their insurers paying will cause a lot of problems for the mercedes car owner.

    While that could be one outcome, I think you are being over negative, and it could take many years to go through the legal system and the courts.
  • dacouch's Avatar
    While that could be one outcome, I think you are being over negative, and it could take many years to go through the legal system and the courts.

    The policyholder of the other vehicle will know considerably sooner than that when his Insurer contacts him and starts to investigate the claim and asks him to sign legal documents indemnifying the Insurer for the claim.

    The other policyholder will also know one of the implications when his renewal is due as the Insurers are highly likely to refuse to offer renewal which he will discover is going to cost him a massive amount on each and every future renewal of his car insurance and possibly other financial products such as home and life insurance
  • Dennis W's Avatar
    The Original Poster may be able to go the Police Web site and Report this Incident On-line. That's what I would do now.
  • Dennis W's Avatar
    I should add, for the benefit of the OP, that Dennis has a reputation on this board for making oddball and irrelevant comments. Best ignored.

    The above post could also be taken to be very much as irrelevant, particularly as nothing suggested by Dennis on THIS thread could be construed to be "Irrelevant"
  • Beelzebub's Avatar
    Dennis

    In your post #4 you suggest that the OP should lie to the police. That may or may not be relevant, but do you think it's responsible?
  • Santa's Avatar
    My advice to the OP stands - Dennis is best ignored.