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Author legal advice needed please ! re; uninsured drivers !
waynep
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Registered: 20th Apr 02
Location: london
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12th Dec 05 at 19:35   View User's Profile U2U Member Reply With Quote

basically an uninsured driver re ended my mums corsa , she then agreed to pay for it so fair enough.. however at the time we did call the police (because it was an accident) and told them the situation about the openly uninsured driver, the police said its nothing to do with them its down to the insurance so we got the details and spoke that night and the uninsured driver agreed again to pay up for the bad rear damaged caused.

next day we got some quotes for repair. .

called the person back and they said the price is too high and they knew there own garage ... so we deceided to check it out and it was a shit hole garage who were basically goin to re fill the cracked bumper and not even replace the bent crash bar ! lol no thanks !

called the uninsured driver and is now refusing to pay up ..

she hit my mum (stationary) and is uninsured.. what can we do ?

drax
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Registered: 5th Feb 05
Location: Sittingbourne, Kent
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12th Dec 05 at 19:36   View User's Profile U2U Member Reply With Quote

Police...

It is illegal to drive with out proper insurance is it not
waynep
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Registered: 20th Apr 02
Location: london
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12th Dec 05 at 19:38   View User's Profile U2U Member Reply With Quote

we called the police , they said there is nothing they can do apart fom report her to DVLA , but this still wont get the car repaired will it ?
drax
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Registered: 5th Feb 05
Location: Sittingbourne, Kent
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12th Dec 05 at 19:41   View User's Profile U2U Member Reply With Quote

Erm.. My mums car was hit by an uninsured driver, soon as the police arrived he tried to run, they nicked him.

It will have to come out of your mums insurance
Sly_SRi
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Registered: 9th Apr 04
Location: Reading, UK Drives: Corsa C
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12th Dec 05 at 19:41   View Garage View User's Profile U2U Member Reply With Quote

call the police again, obviuosly the officer you spoke to is mistaken. It is an arrestible offence to drive un-insured and therefore you can sue the person for the damage to the car and they have to pay.


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Ally
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Registered: 2nd Jul 03
Location: Pontypool Drives: a Skoda
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12th Dec 05 at 19:41   View User's Profile U2U Member Reply With Quote

Call the DVLA, report name, registration and all the details u have of that person. Ask the DVLA where you stand

Call the police, i would check that the matter doesnt involve them as that person was breaking the law by driving illegally

If it was in a public place, see if there is any CCTV to back up what happened and get your witnesses

Contact a solcitor, and get them to write to the person who is at fault informing them that if they do not agree to pay for the damages/most of the damages you will be taking them to court

Thats all i can offer u im afraid as its never happened to me!
justrials2
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Registered: 12th Jul 05
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12th Dec 05 at 19:42   View User's Profile U2U Member Reply With Quote

i wud phone a solicator
waynep
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Registered: 20th Apr 02
Location: london
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12th Dec 05 at 19:44   View User's Profile U2U Member Reply With Quote

we just called women back and i asked her has she got insurence yet and she said no... she doesnt want insurance because she only drives it around the corner... and she also had a kid in the back !! just called local police and they said they cant do any thing either ! im stuck for what to do !
Carl
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Registered: 9th May 04
Location: Jimmy Bennett's la la land.
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12th Dec 05 at 19:45   View User's Profile U2U Member Reply With Quote

DId she not get any proof that they accepted liability?
drax
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Registered: 5th Feb 05
Location: Sittingbourne, Kent
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12th Dec 05 at 19:46   View User's Profile U2U Member Reply With Quote

Go down to the police station. fuck this ringing bollocks they are telling you shit.


What is Uninsured Driving?
3.1 The compulsory requirement for drivers of motor vehicles to be covered for third party liability is clearly set out in Section 143 of the Road Traffic Act (RTA) 1988. It is in fact the only form of insurance that is a mandatory requirement on individuals in the UK. The United Kingdom is not, of course, unique in this regard. Indeed, in some OECD countries, third party liability is provided by the state on an opt-out rather than opt-in basis. By contrast, in the UK motor insurance provision is entirely market based and it is the legal responsibility of the individual driver to arrange and purchase the necessary cover. Only third party liability is mandatory, with other forms of cover, such as fully comprehensive, being optional. (As it happens, the take-up of the latter is very high in the UK relative to other EU Member States.)

3.2 Driving a vehicle without third party liability cover is a criminal offence, albeit one where an offender can only be dealt with summarily in Magistrates' Courts. Failure to insure could be accidental or intentional. Examples of the former are:

drivers misunderstanding the nature of the cover they require for the type of driving they do: a not unusual occurrence given the existence of no fewer than nine (sometimes subtly different) types of cover offered by the market;
drivers taking advantage of what they believe to be a 14 day 'grace' period for renewal after a policy lapses: in practice the grace may not actually be written into the policy and, even if it is, generally only covers third party liability, whatever the cover provided by the lapsed policy.
3.3 Even if accidental, driving without insurance is a criminal offence. It is not, however, the focus of this Report. That does not imply a judgement that it is to be condoned. Rather that its incidence could be minimised by relatively small changes to existing practice, for example eliminating any apparent grace period and making a policy renewal date 'hard'. There are probable benefits to its elimination, in the form of less accidental non-insurance and wilful abuse of the provision but no obvious diminution of service to the customer. Simplifying classes of coverage would almost certainly reduce the incidence of under-insurance.

Recommendation 1: The current widespread practice of condoning any apparent grace period for renewal of lapsed motor insurance policies should be discontinued and insurance providers should enforce the insurance requirement on a continuous basis.

3.4 The principal focus of this Report is the intentional avoidance of the purchase of motor insurance. This is a criminal act that imposes costs on other motorists and society more generally. Research suggests that it appears to be undertaken by:

those who feel they can save what they would otherwise have spent on insurance and go undetected in the process;
those who are likely to be non-compliant in other respects, for example in avoiding VED; or driving without a valid licence;
those who are making use of motor vehicles to engage in other (non-motoring related) criminal activity.
It is the intentionally uninsured who are the greatest risk to other road users and impose the greatest costs on society and it is here that the need for active intervention is most pressing.

drax
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Registered: 5th Feb 05
Location: Sittingbourne, Kent
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12th Dec 05 at 19:47   View User's Profile U2U Member Reply With Quote

http://www.dft.gov.uk/stellent/groups/dft_rdsafety/documents/page/dft_rdsafety_030393-05.hcsp
drax
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Registered: 5th Feb 05
Location: Sittingbourne, Kent
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12th Dec 05 at 19:48   View User's Profile U2U Member Reply With Quote

3.2 Driving a vehicle without third party liability cover is a criminal offence, albeit one where an offender can only be dealt with summarily in Magistrates' Courts. Failure to insure could be accidental or intentional. Examples of the former are:
Ludacris Turbo
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Registered: 28th May 04
Location: High Green, Sheffield
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12th Dec 05 at 19:51   View User's Profile U2U Member Reply With Quote

Police won't do anything cos this sounds like a real crime and they might have to pull there thumb out and do some work. I would do what ally suggested, DVLA, Solictor, Small claims court.
waynep
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Registered: 20th Apr 02
Location: london
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12th Dec 05 at 19:52   View User's Profile U2U Member Reply With Quote

so you would suggest goin to a police station ?
drax
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Registered: 5th Feb 05
Location: Sittingbourne, Kent
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12th Dec 05 at 19:53   View User's Profile U2U Member Reply With Quote

YES for fucks sake, go there, its an offence, report their address etc, have witness accounts' make a statement, and get a solicitor
John
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Registered: 30th Jun 03
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12th Dec 05 at 19:54   View User's Profile U2U Member Reply With Quote

The police are actually a farcical organisation.
schoey
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Registered: 29th Jun 05
Location: Billinghay, Lincolnshire
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12th Dec 05 at 20:05   View User's Profile U2U Member Reply With Quote

get down there first thing tomorrow morning! get the law printed off and take it with you along with all the details you have! photos etc would be good!

 
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