im uninsured and been rear ended - capner

my partner was driving my car this morning she got hit up the rear stopping at a roundabout so there is no question of blame but it turns out her fully comp insurance doesnt cover her to drive other vehicles so now it looki likes shes uninsured.

whats likely to happen?

can they claim against her?

can they claim against me?

can i claim against them for damge to my vehicle as the vehicle was insured just not the driver?

my daughter is slightly injured but nothing serious would we be able to claim personal injury even tho she was uninsured?

im uninsured and been rear ended - skidpan

my partner was driving my car this morning she got hit up the rear stopping at a roundabout so there is no question of blame but it turns out her fully comp insurance doesnt cover her to drive other vehicles so now it looki likes shes uninsured.

whats likely to happen?

can they claim against her?

can they claim against me?

can i claim against them for damge to my vehicle as the vehicle was insured just not the driver?

my daughter is slightly injured but nothing serious would we be able to claim personal injury even tho she was uninsured?

If I was the other driver and found that a car that was in front of me was not legal to be on the road I would be informing the Police of the facts. Your partner would end up with a large fine, several points and a large bill for repairs.The illegal vehicle is generally held to be responsible in these cases since it should not have been on the road.

Try and settle with them privately without involving insurance, it will save you ££££'s

im uninsured and been rear ended - capner

to late they had already swapped details and insurance has been informed i agree she may get points and fine.

the vehicle itself was legal but she was not covered to drive it i dont see how she can be held liable for there repairs its pretty cclear cut they drove into the back of her

im uninsured and been rear ended - RT

Your insurer won't want to know - you'll need to take legal action against the driver behind.

Your partner may face criminal prosecution for driving with no insurance - you may face criminal prosecution for allowing driving with no insurance - if you're both convected you'll find future insurance premiums heavily loaded.

Get yourself a traffic solicitor !!

im uninsured and been rear ended - capner

i was of the understanding that you can only face criminal prosecution if you knowingly let them drive with no insurance?

we no she will prob get done for no insurance

im uninsured and been rear ended - RT

I believe the owner of the vehicle has a duty to check whether another driver is actually insured - as your partner you'd be expected to know.

im uninsured and been rear ended - barney100

Tell the insurance co you have changed your mind over claiming as you wish to settle privately. Try to get the other partto agree a figure and bite the bullet.

im uninsured and been rear ended - jamie745

The illegal vehicle is generally held to be responsible in these cases since it should not have been on the road.

That does sound like the sort of cobblers an insurance company would come out with.

'If it weren't there it wouldn't have crashed.'

Ooooo f***ing well done.

im uninsured and been rear ended - tony g
Ooooo f***ing well done.) Classy

Anyway that aside ,you need legal advice ,see a solicitor .

Leaving the insurance issue aside you couldn't possibly be in the wrong if another car rear ends you while your stationary .
Your lack of insurance cover shouldn't stop you claiming against the other driver

.If the other parties insurer won't pay up ,sue the driver of the other car ,your not obliged to deal with his insurance company .The cost of a claim in the small claims court against the other driver is in the region of £300.
im uninsured and been rear ended - focussed

Another shining example of the confusing legislation that surrounds the way that vehicles are insured (or not) in the UK. Who is insured to drive what, if they have insurance to drive another vehicle on a Wednesday if there's an R in the month blah blah blah. What a total shambles-for God's sake why doesn't the UK change to the system used in all European countries where it's the vehicle that is insured not the driver? Where all vehicles have to carry minimum third party cover 24/7/365 for any driver. it's so much simpler and would avoid all this nonsense.

im uninsured and been rear ended - RT

why doesn't the UK change to the system used in all European countries where it's the vehicle that is insured not the driver?

The system here worked well when fully comp insurance included driving other cars third party - but it's been abused so much insurers now won't add the driving other cars except to the very best risks.

Do you actually realise how much the third party element would cost if we changed to insuring all cars for ANY driver ?

im uninsured and been rear ended - Collos25

why doesn't the UK change to the system used in all European countries where it's the vehicle that is insured not the driver?

The system here worked well when fully comp insurance included driving other cars third party - but it's been abused so much insurers now won't add the driving other cars except to the very best risks.

Do you actually realise how much the third party element would cost if we changed to insuring all cars for ANY driver ?

Could you tell me which European country insures cars and not drivers I would be pleased to know.It certainly is not Germany(I live there)not France,Holland,Italy or Switzerland.

The insurance in Europe works more or less the same as the UK ,the OP failed the basic checks thats all.

im uninsured and been rear ended - focussed

why doesn't the UK change to the system used in all European countries where it's the vehicle that is insured not the driver?

The system here worked well when fully comp insurance included driving other cars third party - but it's been abused so much insurers now won't add the driving other cars except to the very best risks.

Do you actually realise how much the third party element would cost if we changed to insuring all cars for ANY driver ?

Could you tell me which European country insures cars and not drivers I would be pleased to know.It certainly is not Germany(I live there)not France,Holland,Italy or Switzerland.

The insurance in Europe works more or less the same as the UK ,the OP failed the basic checks thats all.

You got that wrong about the insurance in the EU - I live in France and I can tell you that it IS the vehicle that is insured, I've got four vehicles so I should know. A valid insurance vignette(a green ticket) has to be displayed in the windscreen showing that the vehicle is insured at least to the minimum third-party level .Even if it gets nicked it's still insured. All vehicles have to be insured 24/7/365. Get caught without insurance over here and you will be looking at the world through a small window with iron bars over it.

All driving documents have to carried with you all the time, licence, registration, french mot cert and insurance cert.

im uninsured and been rear ended - Mike H

Could you tell me which European country insures cars and not drivers I would be pleased to know.It certainly is not Germany(I live there)not France,Holland,Italy or Switzerland.

Austria. Insurance is in my name, but anyone can drive the insured vehicle. In addition, I can own a second vehicle, insure that, only pay road tax once (on the vehicle that has the highest rate of tax) and use the same registration plates on either vehicle. Because I would only have one set of plates, only one could legally be on the road at any one time.

im uninsured and been rear ended - Andrew-T

If it was your vehicle, was it not insured by you for named drivers, or for other drivers with your permission?

im uninsured and been rear ended - SteveLee

Sounds like your typical woman stops at an empty roundabout and then looks to see if some thing’s coming then gets collected by man who glanced over whilst approaching the roundabout and spotted it's safe to proceed without stopping – one of the most common accidents on the road – 90% of roundabout accidents are men hitting women up the rear because she stopped unnecessarily.

She should be insured third party - indeed technically she is - insurance companies try to illegally remove your right to drive other vehicles and then sell it to you as an extra. Third party insurance covers the driver NOT the car – I don't care what insurance brokers or companies say – this is the way the law in the UK works. The fully comp part of the insurance is obviously an add-on which is fully at the whim of the insurance company and their small-print – third party cover isn't.

im uninsured and been rear ended - RT

She should be insured third party - indeed technically she is - insurance companies try to illegally remove your right to drive other vehicles and then sell it to you as an extra. Third party insurance covers the driver NOT the car – I don't care what insurance brokers or companies say – this is the way the law in the UK works. The fully comp part of the insurance is obviously an add-on which is fully at the whim of the insurance company and their small-print – third party cover isn't.

That's complete baloney - the cover is whatever's documented - specifically the car(s) covered and the use(s) to which the vehicle is being put.

im uninsured and been rear ended - thunderbird

If the car is insurred for any driver (and the driver meets the conditions set regarding age etc) or the driver is named on the policy then cover is is place, if not then no cover.

Some fully comp policies allow you to drive another car third party but they are rare nowadays,our Avaiva policies have this feature. However, the car being driven must still have insurance in place. If you watch Stop Police Muppet there are plenty of idiots on there who do not undestand this simple law.

Reading what has been read the driver was not insurred and the owner allowed a driver whowas not appropriately insurred to use a car. Both should and hoepfully will be prosecuted.

We are all paying extra to cover people who flout the law.

im uninsured and been rear ended - bathtub tom

Some fully comp policies allow you to drive another car third party but they are rare nowadays,our Avaiva policies have this feature. However, the car being driven must still have insurance in place

im uninsured and been rear ended - SteveLee

Some fully comp policies allow you to drive another car third party but they are rare nowadays,our Avaiva policies have this feature. However, the car being driven must still have insurance in place

As I said - that clause in your insurance is not legal, it would not stand up in court if you had a decent brief. Third party cover covers the driver of A (not THE) vehicle - end of - it's how the British law evolved. The insurance companies can put what they like in the small print - but it does not affect your statutory rights. Yes the car you're driving needs to be insured by somebody else as (fairly modern law) cars now have to be insured to be on the road, but anyone with a valid British insurance policy will be covered to drive another (insured) car thanks to the way third party insurance works. Sellng you other car insurance is a scam and insurance companies have been getting away with it for years.

im uninsured and been rear ended - dacouch

"As I said - that clause in your insurance is not legal, it would not stand up in court if you had a decent brief. Third party cover covers the driver of A (not THE) vehicle - end of - it's how the British law evolved. The insurance companies can put what they like in the small print - but it does not affect your statutory rights. Yes the car you're driving needs to be insured by somebody else as (fairly modern law) cars now have to be insured to be on the road, but anyone with a valid British insurance policy will be covered to drive another (insured) car thanks to the way third party insurance works. Sellng you other car insurance is a scam and insurance companies have been getting away with it for years"

The statutory law covers what the third party element of the policy must cover including making the Insurer liable for RTA claims for what is detailed on the Certificate.

Driving other cars which the OP's wife does not have is not shown on the RTA Certificate so her Insurer is not bound by the RTA statutory laws.

I would be interested to see which Statute gives the OP's wife a statutory right in this case of

I think you're getting confused by the RTA making an Insurer of a vehicle where they have issued a specified certificate eg specify the reg liable for any third party claims by any driver (Subject to them not having their own policy covering the risk) providing they're identified including car thieves. It does not make them liable for non identified drivers eg someone who does a runner in which case the MIB may cover the claim and will sometimes still recover from the Insurer. It should be noted the OP does not have a certificate which specifies a registration number.

As a side note with many Insurers the car you're driving under DOC does not need to have it's own Insurance. There is no recent law enforcing this, some (Not all) Insurers have decided to include a requirement the other vehicle must be insured.

im uninsured and been rear ended - RT
However, the car being driven must still have insurance in place.

Depends on the wording - mine allows driving of other cars (no other conditions) - of course the continuous insurance rules apply as well - so it would be insured even though a criminal offence has taken place.

As an aside, who gets prosecuted for no continuous insurance, the driver, the registered keeper or both ?

im uninsured and been rear ended - Collos25

She is actually covered through the Uninsured drivers fund operated by the Government and all insurance companies.The claiment might have to wait a few months but will receive all monies due this happened to me when an uninsured driver hit my car when it was parked the driver ran off but was apprehended and his DNA was lifted from the drivers air bag he got 3 months detetion.

im uninsured and been rear ended - Bobbin Threadbare

Sounds like your typical woman stops at an empty roundabout and then looks to see if some thing’s coming then gets collected by man who glanced over whilst approaching the roundabout and spotted it's safe to proceed without stopping – one of the most common accidents on the road – 90% of roundabout accidents are men hitting women up the rear because she stopped unnecessarily.

I would very much like to see some statistics covering this phenomenon.

im uninsured and been rear ended - SteveLee

I would very much like to see some statistics covering this phenomenon.

I worked on (the design and coding of) insurance systems for over ten years for large commecial companies - my ex-partner was a (rare female) motor insurance acturary, the figures I quoted are sound and I don't give a damn if you beleive them or not.

im uninsured and been rear ended - Bobbin Threadbare

I would very much like to see some statistics covering this phenomenon.

I worked on (the design and coding of) insurance systems for over ten years for large commecial companies - my ex-partner was a (rare female) motor insurance acturary, the figures I quoted are sound and I don't give a damn if you beleive them or not.

Never said whether I did or didn't believe your comment. I just said I'd like to see some stats. Still waiting.

im uninsured and been rear ended - SteveLee

Yes, why don't I post confidential commercial data from one of my clients on a public website just to make you happy...

im uninsured and been rear ended - Bobbin Threadbare

Yes, why don't I post confidential commercial data from one of my clients on a public website just to make you happy...

Not asking you to; surely there are nationally collected ones, or perhaps the Institute and Faculty of Actuaries has this data in one of its journals, but I haven't got access to those. Also you seem to be trying to pick a fight for no reason.....

im uninsured and been rear ended - jamie745

Sounds like your typical woman stops at an empty roundabout and then looks to see if some thing’s coming then gets collected by man who glanced over whilst approaching the roundabout and spotted it's safe to proceed without stopping – one of the most common accidents on the road – 90% of roundabout accidents are men hitting women up the rear because she stopped unnecessarily.

OR! Another way of putting it would be; 90% of roundabout accidents are men driving into the back of totally stationary vehicles. But, you know, your call.

I worked on (the design and coding of) insurance systems for over ten years for large commecial companies

So it's all your f***ing fault then.

my ex-partner was a (rare female) motor insurance acturary

Maybe there'd be more female actuaries if cocks like you didn't keep crashing into them when they're stationary.

the figures I quoted are sound and I don't give a damn if you beleive them or not.

Don't do customer service will you.

Yes, why don't I post confidential commercial data from one of my clients on a public website just to make you happy...

You already did. You told us all about how men drive into stationary vehicles. That complete b******s - sorry, commercially sensitive data - is now public. Your world of fast diesel grey Audi's laden with samples will now collapse.

In case you're wondering...we were all as happy with your revelations as your ex-partner was with your penis.

im uninsured and been rear ended - SteveLee

I didn't say the men weren't at fault, it's simple an issue that exists because women can't drive and assess the traffic flow at the same time.

How can "it" be my fault just because I designed an coded some insurance systems?

I haven't crashed into anyone with over 35 years of driving between 20 and 30K miles per year.

I do customer service with my customers - not knobs on the internet.

I didn't divulge commercially sensitive data but posting the source etc would be breaking the data protection act.

Never had any complaints in the trouser dept. People with issues like that are more likely to be aggressive mouthy t**ts on the internet - ring any bells?

im uninsured and been rear ended - Bobbin Threadbare

I didn't say the men weren't at fault, it's simple an issue that exists because women can't drive and assess the traffic flow at the same time.


Ok I never get in arguments on this site and usually people aren't stupid enough to make comments like that. Yes we b***** well can. I can't claim to have as much experience as you but 6 years of driving, mostly around 20k a year assures me that women are able to assess traffic flow and drive at the same time. Sheesh. Get out of the stone age.

im uninsured and been rear ended - FP

"...it's simple an issue that exists because women can't drive and assess the traffic flow at the same time."

No doubt you have statistics to back that up. Or not.

"Never had any complaints in the trouser dept." - You actually took Jamie's comment seriously?!

Why do I find it hard to take you seriously?

Edited by FP on 27/08/2013 at 00:46

im uninsured and been rear ended - Andrew-T

You actually took Jamie's comment seriously?!

I didn't think anyone took Jamie's comments seriously, except perhaps new members of the forum? I suspect he thinks they are serious though.

im uninsured and been rear ended - FP

"I didn't think anyone took Jamie's comments seriously, except perhaps new members of the forum? I suspect he thinks they are serious though."

Hm. Maybe. But perhaps even Jamie wouldn't claim - seriously - to know the size of the penis of the poster concerned, though I have no doubt he seriously intended to be insulting.

Edited by FP on 27/08/2013 at 16:42

im uninsured and been rear ended - Dabooka

"I didn't think anyone took Jamie's comments seriously, except perhaps new members of the forum? I suspect he thinks they are serious though."

Hm. Maybe. But perhaps even Jamie wouldn't claim - seriously - to know the size of the penis of the poster concerned, though I have no doubt he seriously intended to be insulting.

Either way it certainly antagonised him, and Jamie's post was one of the funniest things I've read in ages!

im uninsured and been rear ended - Ordovices

Sounds like your typical woman stops at an empty roundabout and then looks to see if some thing’s coming then gets collected by man who glanced over whilst approaching the roundabout and spotted it's safe to proceed without stopping – one of the most common accidents on the road – 90% of roundabout accidents are men hitting women up the rear because she stopped unnecessarily.

So, let me get this clear.

Stopping to make sure that the way ahead is clear is a "bad" thing.

Glancing to see that your anticipated route is clear whilst not looking to see if your current route is clear is a "good" thing.

Any idea how the 90% of accidents you refer to involve transgenders?

im uninsured and been rear ended - capner

i have a traders policy which only covers me i have to have them named on the policy which costs a fortune but it was my personal car being driven which was on my policy

im uninsured and been rear ended - brum

Rear ending women always ends in tears....

im uninsured and been rear ended - skidpan

Rear ending women always ends in tears....

Yet another quality and totally relevant comment from Brum.

im uninsured and been rear ended - FP

"Yet another quality and totally relevant comment from Brum."

Sarcasm, I assume. For goodness' sake lighten up. It was an amusing comment which lightened the tone in an otherwise po-faced debate.

In dubious taste, certainly, but I liked it.

Edited by FP on 24/08/2013 at 14:52

im uninsured and been rear ended - coopshere

Your partner not being insured does not absolve the other party from their legal obligations, they still have to drive with due care and attention, if they are to blame for the accident then you can claim against them. No doubt their insurers will try to argue otherwise in view of your partners lack of insurance. It effectivly means that the insurers will not be able to run there knock for knock scam as your insurer will not pay out for your partner. However it may mean you will have to take the other party to court yourselves as you do not have an insurer to act on your behalf.

If someone is injured in any way then the driver(s) have to report the accident to the police, this has to be done as soon as practicable and in any case within 24 hours. Clearly doing so will involve you and your partner liable for the insurance offences. If you fail to report it and the police do get to be involved then the offence of failing to report the accident will be considered.

Your partner has to report the incident to her insurer even though she was uninsured to drive your car. If you become involved for allowing the vehicle to be used without insurance then you will have to report that to your insurer. I have never seen an insurance policy in recent years that doesnt include a clause where you dont have to do this. It will certainly have to be done at renewal time otherwise you will be making a false declaration to obtain insurance, another offence.

Your quandry is do you stay legal and bear the consequencies or do you keep quiet and hope it all goes away. Either way it could cost you both.

im uninsured and been rear ended - dacouch

"Your partner not being insured does not absolve the other party from their legal obligations, they still have to drive with due care and attention, if they are to blame for the accident then you can claim against them. No doubt their insurers will try to argue otherwise in view of your partners lack of insurance. It effectivly means that the insurers will not be able to run there knock for knock scam as your insurer will not pay out for your partner. However it may mean you will have to take the other party to court yourselves as you do not have an insurer to act on your behalf."

The "Knock for Knock" agreement stopped over fifteen years ago...

im uninsured and been rear ended - Doc

Your partner not being insured does not absolve the other party from their legal obligations, they still have to drive with due care and attention, if they are to blame for the accident then you can claim against them.


Remember, your partner's claim is against the other driver, not the insurance company. The insurers are merely their agent. You need to pursue any claim independently.

Your partner should report the incident to her insurer, but state that no action is required from them.

im uninsured and been rear ended - skidpan

Your partner should report the incident to her insurer, but state that no action is required from them.

So your partner rings her insurance company and tell them she has had an accident in a car she was not insurred to drive but then she tells them she don't actually want them to do anything.

How will that work or am missing something. If she is not insurred what would they possibly propose doing.

im uninsured and been rear ended - Collos25

Isn't the whole point that she is not insured and therefore does not have an insurer.

im uninsured and been rear ended - Andrew-T

Isn't the whole point that she is not insured and therefore does not have an insurer.

Collos, you aren't reading the OP's script. Her comp. insurance does not cover her in these circs.

im uninsured and been rear ended - dacouch

"Your partner should report the incident to her insurer, but state that no action is required from them.

So your partner rings her insurance company and tell them she has had an accident in a car she was not insurred to drive but then she tells them she don't actually want them to do anything.

How will that work or am missing something. If she is not insurred what would they possibly propose doing."

She reports an accident "For Information Purposes" from another vehicle she was driving which she's claiming directly from the third party.

Otherwise her Insurers will not know of her non fault claim which could cause her problems in the future for non disclosure

im uninsured and been rear ended - Collos25

Otherwise her Insurers will not know of her non fault claim which could cause her problems in the future for non disclosure.

To her insurance or the owner of the cars insurance,you are assuming its a non fault claim I would think its anything but that.

im uninsured and been rear ended - Smileyman

so what is the correct prcedure if the driver drives two vehicles - one privately owned / insured, and one owned and insured by an employer? (I used to, but don't anymore, no accident either)

im uninsured and been rear ended - cockle {P}

so what is the correct prcedure if the driver drives two vehicles - one privately owned / insured, and one owned and insured by an employer? (I used to, but don't anymore, no accident either)

Being in that position I can tell you that when I had an accident in my company van 18 months ago I was reminded by my company's insurer that I was expected to inform my private vehicle insurer accordingly so that if my insurer regarded it as material information then I couldn't be disadvantaged in any future claims by being accused of having failed to diclose a material fact. As it happens my private insurer just said thanks for letting us know, we'll put it on file. As my premium went down by £150 on renewal I'm presuming they didn't load me overly much either on renewal..... :-)

Edited by cockle {P} on 26/08/2013 at 00:46

im uninsured and been rear ended - Avant

Those with a sense of humour are having the better of this discussion (current posts are halfway up the thread). Keep it polite please, or the virtual blue pencil will come out.