insurance questions

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Insurance offences: verbal NIPs, serving of summonses and use of Fixed Penalty Notices — by Murdo Maguire — last modified 2007-02-28 06:41

I was stopped by the police for driving without insurance on the 16/02/07. When can I expect to be contacted by the prosecutor or courts? Do they have to do it within 14 days? What happens if they don't contact me within this time?

Top tips for getting the best insurance deal for young drivers — by Murdo Maguire — last modified 2007-02-26 13:15

As a young driver looking to insure a car it is often the case that premiums will be relatively high. This is because younger drivers are more likely to be involved in an accident. However, there are things that you can do as a young driver to help yourself get the cheapest possible car insurance:

Economic write off and offer of £250 is not enough to get me back on the road — by Murdo Maguire — last modified 2007-02-23 04:01

My car was legally parked outside my home when a council recycling truck hit it and damaged it, knocking it onto the pavement. The incident was witnessed by my neighbour who notified me. The driver left a car on the windscreen. I have 3rd party fire and theft only and contacted my insurers. When I contacted the council they put me in touch with their claims department and so I corresponded with them directly and did not pursue the claim through my insurers. My car was seen at a garage of their recommendation and was deemed beyond economic repair - the damage is to the body and a mirror but the car is drivable. It is an old car, they have offered me £250 which 'Crawfords corporate claims solutions' say is the book value. This will leave me with no car and not enough money in compensation to buy a new one, of course there is also the time wasted. I am a doctor and the car can be essential for on call. I thought they were obliged to restore me to the same situation as before the 'accident' so can I insist they repair the car? What are my rights here?

Hit by stolen car. Owners traced, but can I claim off their insurers? — by Conrad Murray — last modified 2007-02-21 03:25

My son was driving my car when he was hit by a stolen car. I have traced the original owners. Can I claim back off their insurers the cost of repair?

DVLA warns motorists – don’t get cloned — by Conrad Murray — last modified 2007-02-20 10:29

DVLA today warned motorists to be on the lookout for stolen vehicle registration certificates when buying a used car. Descriptions of the stolen documents known to be in circulation have been issued.

Uninsured driver agrees settlement and pays but other party comes back later with injury claim — by Conrad Murray — last modified 2007-02-20 08:43

I had a car accident which was my fault, but I was driving somebody else's car as my car was in the garage getting repaired. As I had fully comprehensive insurance I thought I was automatically covered to drive another vehicle, but to my horror this doesn't seem to be the case. I got in touch with the people who I had crashed into and explained the situation and offering a cash settlement for the damage to their car and loss of earnings. They agreed and come up with a figure that they would be happy with so I paid them the money and they signed a disclaimer stating that the amount paid was the full and final payment and that they and there insurers would not make any more claims against me. To my surprise I have now received a solicitor's letters stating that they want compensation for whiplash. Am I in my rights to refuse because they have waived there rights to claim any more money from me with this disclaimer or will I have to pay again?

Driver crashes into my car, pays for repair costs in cash at the scene, but now wants to claim through insurance and get his cash back — by Murdo Maguire — last modified 2007-02-15 14:08

Two weeks ago a car without lights pulled out of a side junction suddenly with no indication and struck the front passenger wing of my car. My wife who was driving swerved to avoid contact but the other driver did not see us in time struck our car. He then drove on. We took his registration number and then stopped to assess the damage to our car. As we did so the other driver also pulled up. He admitted full liability and we exchanged details. The other driver was severely disabled with no upper limbs so we had to write out both sides details, although not insurance details. He then stated that he did not want to involve insurance companies as he was due to part-exchange his car for a new one in a couple of weeks and it would take far too long to repair it through the insurance. We wanted our damage to be fixed ASAP as we had our car for sale. Then a witness pulled up asking if he could help and at this point the other driver took out an envelope and gave us money to cover the cost of our damage. We felt the amount offered was sufficient so said to the witness he was not required. On our way home we reported it at a police station (which the other driver did not do) but was told that it was not necessary in this case. We have had our car repaired - it was only minor damage - but now 2 weeks later the other driver has phoned saying that he has changed his mind as the quote for his damage was more than he expected, and he wants his money back and now wants to make a claim through insurance. Can he do this now? He took 13 days to contact his insurance company, our car has now been repaired, so what should we do?

"Exceptional hardship": appealing against a ban received under the totting up procedure — by Murdo Maguire — last modified 2007-02-14 05:18

I have held a clean driving licence for 11 years. I am an electrician and started my own business last year. I am currently being prosecuted for driving without insurance due to a payment error which I have been told will probably bring me 6 points. My court hearing has not happened yet but I have also received two fixed penalty notices within a week both giving me 3 points each. If this is the case then I will have totted up 12 points and am told that 12 points will lead to an automatic ban. As my vehicle is necessary to run my business can I appeal against this?

Neighbour's fence falls on car: are their insurer's liable — by Murdo Maguire — last modified 2007-02-13 08:58

A fence has fallen on to my wife's and another persons parked car causing damage to both. Would they be able to claim against the home owners insurance?

Old road accident rears its head almost three years after it happened — by Murdo Maguire — last modified 2007-02-12 09:12

In August 2004 I was hit in the rear while stationary and indicating right by a motorcycle, writing off both vehicles. I walked away, the motorcyclist broke one arm. (Considering he hit me at around 60mph in the rear light cluster he was quite lucky!). I received a payout of £925 to cover my vehicle within three weeks and when my insurance was due for renewal, I received (upon asking) a no claims confirmation letter. I also received a letter from a company in Yorkshire (I live in Dorset as does the Third Party) which I forwarded on to my insurance company, which informed me that their client was suing me on behalf of the motorcyclist for 'pulling out into his path'. Having heard nothing more about it (when I spoke to the person at my insurance company they said that there was no way that they would let that one happen) I figured the matter was closed. Two years down the line (last November) I received a phone call from my 'solicitors' who I have had no contact with AT ALL 'during' the case, informing me that the claim was still ongoing and that they required more information. This included the name of the Police Officer who attended as well as ANOTHER written statement. They sent a crash investigator down to interview me, bearing in mind that the car should be long gone by now having been scrapped by my insurance company at the time. My question is this - is this matter going to affect my insurance (should the outcome be found in the third party's favour) or is it a private claim against me which my insurance company is obliged to fight? To me it seems ridiculous that he can have hit me square in the rear (when the car was towed away, it still had his headlamp cluster embedded in the rear of my car!!) and still my 'solicitor' reckons that there is a strong chance that he will win the case - how is that so?!

Accident on roundabout where my insurer is prepared to concede liability when I think it was the other party's fault — by Murdo Maguire — last modified 2007-02-08 07:12

My girlfriend was in an accident at a roundabout where she was cut up by another driver. Who was indicating he was leaving at the first exit but then continued around colliding with her striking her front wing and door. We clearly regard the accident as his fault but now to our dismay we discover that our insurers and the other side are preparing to concede liability. Is there anything we can do? Do you advise we hire a solicitor to fight our corner.

Car was sold in 2003 and yet solicitor still is attempting to claim for subsequent accident — by Murdo Maguire — last modified 2007-02-07 20:31

In June 2003 I sold my car and advised the DVLA. In August 2003 the car was involved in an accident, to which I had no knowledge. The error I made was that I did not cancel my insurance policy as it was due to expire end July 2003. I was called and sent letters regarding the accident but I knew nothing about it and did not know who was driving. I did originally sell the car to a friend who said he then sold it on, so I am completely unaware of the circumstances. I have now received a letter from a solicitor to advise that they intending to take me to court. Where do I stand on this? How can I be held responsible for this when my only error was not to cancel the insurance?

Should a driver declare his penalty points to his insurer? — by Murdo Maguire — last modified 2007-02-07 07:47

My son received 3 points on his licence and a £40 fine in November 2006 for failing to stop at a red light, his insurance is due for renewal in May 2007 and a friend has told me he should tell his insurance company now about getting the 3 points as it may make his insurance invalid. I know he will have to declare his 3 points when he renews his policy but never thought he would have to do it now? He is also a named driver on my policy although rarely drives my car but do I have to tell my insurance company too. Many thanks

Do 12 penalty points in three years incur an automatic driving ban? — by Murdo Maguire — last modified 2007-02-06 16:16

My brother-in-law received 3 points in March 2006 followed by another 3 points in May 2006 and 6 points in October 2006. Is he automatically banned from driving or only if he receives any more points?

Avoiding a driving ban on exceptional hardship grounds — by Murdo Maguire — last modified 2007-02-06 06:35

My partner has been caught driving with no insurance. He has a court date to give evidence to show cause why he should not be banned. He is a self employed painter and decorator with a family to support. Can you give us any advice on what to say at the court appearance.

GAP (Guaranteed Asset Protection) Insurance and its merits when buying a car on finance — by Murdo Maguire — last modified 2007-02-06 03:33

I am thinking of buying a new car on finance but the hire purchase company is very keen I should spend about £200 extra on what it calls GAP insurance which it says will protect my losses if I have an accident and the vehicle is written off or stolen and the insurer offers me the trade price when I will need to pay the retail price for a replacement. Can you advise what this is all about and what the benefits are to me?

Penalty points for motoring offences — by Murdo Maguire — last modified 2007-02-05 02:10

What is the charge for failing to stop after an accident and exchange particulars or failing to report an accident to police as soon as reasonably practicable? What is the charge on uninsured drivers? What is the charge for lying to a police officer about the name of the driver who failed to report the accident? What is the charge for driving with a suspended licence?

Insurance company seems to be over willing to concede liability to the other driver: what can I do? — by Murdo Maguire — last modified 2007-02-05 01:21

I had an accident this Tuesday, 100% of the liability has gone on me, and I'm not sure how much I am to blame. I overtook a slow-moving van in two way traffic (one lane going in each direction) with no approaching vehicles. I deemed it to be a safe manoeuvre as there was nothing coming the other way, but as I pulled alongside the van it swerved into my lane and hit me whereupon I was flung off the road into a grass area. There were no injuries to either party thankfully but the other driver has lied about what happened, saying that from out of nowhere and ran into him. I have an independent witness who said she didn't think it was my fault because she saw the van drive into me. I asked the driver why he moved into my lane so quickly and he looked stumped and said nothing. But my insurance company is telling me that they are conceding liability and won't phone the witness because I am at fault as the person overtaking as the driver in front always has the right of way. But my question is, does the driver in front have the right of way to both lanes? Do they have the right to pull across into the lane I'm using to overtake? They didn't indicate and there was no road on the right to turn into, so I don't see they have any excuse for why they ran into me. There were no parked cars on the left, so he wasn't pulling out to overtake anything.

Challenging a red light offence caught on camera — by Murdo Maguire — last modified 2007-02-02 03:46

I was driving today and think I may have been caught by a traffic light camera in Watford. Obviously I don't know for sure, but I wondered if there would be mitigating circumstances. I wasn't speeding, the limit is 50, and the sun was really low so I had slowed to 40 when approaching the lights. I saw the lights change to amber, applied my brakes fairly hard and my wheels locked up on the damp surface, crossing the stop line. I then had no choice but to carry on across the busy intersection. Having read other comments it seems camera evidence wouldn't show any of this, brake lights, sun, wheels locking up or speed. What annoys me slightly is that if I hadn't tried to brake, I might not be questioning my actions. I also dread getting a notice of prosecution as I regard my licence as a privilege, I don't speed and am a law abiding citizen. It would seem unfair, particularly as a young driver, I've been waiting for my insurance to finally reduce on reaching the age of 25. Any advice?

I modified my car and didn't inform my insurer. Will this affect my motor insurance cover? — by Murdo Maguire — last modified 2007-02-01 08:50

I was recently parked at traffic lights when another car ran into the back of me. It transpired that car had been hit by another vehicle behind them (i.e I was at the front of the pile up). I informed my insurance company and they arranged for a garage to take the car for repairs. They have now sought liability from other parties involved but have had no response. The car has been declared an economic write off. However, my insurance company has now informed me that I had not informed them off modifications to my car and my insurance may be invalid. The insurance people currently have my car and I am awaiting a decision on the modification issue and if they will pay settlement on car. If they decide the insurance is not valid and don't pay for total loss can I get the car back and will i be liable for any charges?