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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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I been in a accident this night because of drink driving

Customer Question

Hello, I been in a accident this night because of drink driving I hit another car and damaged mine too no other people injured, my car as been bought on finance what should I do ?
Thanks
Antonio
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
To achieve what please?
Customer: replied 1 year ago.
Hi I need to know if my rights been affected trough my insurance company and the car dealer I bought the car
Customer: replied 1 year ago.
Do you need to know anything else?
Expert:  Jo C. replied 1 year ago.
I'm not sure what your question is?
Do to achieve what?
Customer: replied 1 year ago.
Sorry what you mean by achieving ? I need some advice on what to do next
Expert:  Jo C. replied 1 year ago.
You should make a report to the police about this matter within 24 hours of the incident to avoid being prosecuted for failing to stop and report.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
OK thank you that is done .so what happens next, do I lose my rights with my insurance company or do I lose my car?
Expert:  Jo C. replied 1 year ago.
If they find out you were over the limit they could dishonour the claim I'm afraid.
But you shouldn't lose the car. It is just a loan consequent upon the purchase of the car. They won't take it back and they may not be able to anyway depending the type of loan you have.
Customer: replied 1 year ago.
OK ,if they dishounour the claim who pays for the damage that's been caused ?
Expert:  Jo C. replied 1 year ago.
You do I'm afraid.
You are liable personally unfortunately.
Customer: replied 1 year ago.
So what is you advice please
Expert:  Jo C. replied 1 year ago.
You should make a report to the police about this matter within 24 hours of the incident to avoid being prosecuted for failing to stop and report.
Customer: replied 1 year ago.
Its done the reporting.
What about the insurance company what advice can you give so they do not dishounour the claim?
Expert:  Jo C. replied 1 year ago.
No, they are entitled to do that.
I wouldn't even think about claiming. If it minor damage it will be cheaper long term to sort it out yourself. If it is major damage they will probably dishonour it when they discover you were drunk and you can only be full and frank with your insurance company.
Customer: replied 1 year ago.
Its major damage.
Thanks for your help
Expert:  Jo C. replied 1 year ago.
That is unfortunate.
You could submit a claim. If you are asked directly you would have to be truthful though and they may well seize upon that.
Customer: replied 1 year ago.
OK
Can I sell the car to help cover damages ?
Expert:  Jo C. replied 1 year ago.
What is the nature of your finance agreement?
Customer: replied 1 year ago.
Sorry can you be a bit more precise please
Expert:  Jo C. replied 1 year ago.
I'm not sure what I can add?
What type of finance is on the car?
Customer: replied 1 year ago.
Is for a period of 5 years
Expert:  Jo C. replied 1 year ago.
Is it HP or lease?
Or lease purchase?
Customer: replied 1 year ago.
is HP
Expert:  Jo C. replied 1 year ago.
You can't sell without their permission then I'm afraid but they will probably agree as long as you discharge the finance.
Customer: replied 1 year ago.
OK
Can I still get in touch tomorrow ? I'm about to be out of battery on my phone if so have a good night
Thanks
Expert:  Jo C. replied 1 year ago.
Yes, no problem.
I will be on at some point,
Please remember to rate my answer.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Forget to ask ,my insurance is due to a renewal by the end of the month will be there a problem?
Expert:  Jo C. replied 1 year ago.
You need to check the conditions. You might be under a duty to disclose any accident.
If so, you will have to disclose.
That might have an impact upon renewal quotes but they shouldn't refuse.
Customer: replied 1 year ago.
OK good night
Expert:  Jo C. replied 1 year ago.
All the best.
Customer: replied 1 year ago.
Thank you
Expert:  Jo C. replied 1 year ago.
No problem
Customer: replied 1 year ago.
Hello
Customer: replied 1 year ago.
Hi just been in touch with my car dealer and they will take the car to a Honda bodyshop repairer . I just need a question if I want to sell the car as I ask before do I have to sell the car before or after being repaired all off course with the car dealers permition as it is been brought on finance
Expert:  Jo C. replied 1 year ago.
Sorry?
Not sure what you mean?
Customer: replied 1 year ago.
Can I still sell the car after been fixed with the dealers permission
Expert:  Jo C. replied 1 year ago.
Yes.
No reason why not.
Customer: replied 1 year ago.
Watch about if my insurer dishonour my claim?
Expert:  Jo C. replied 1 year ago.
That wouldn't affect sale.
Customer: replied 1 year ago.
That means I'll have to pay my car and the other car repair costs?
Expert:  Jo C. replied 1 year ago.
Yes, you would I'm afraid.
Customer: replied 1 year ago.
Thanks
Customer: replied 1 year ago.
What about if I give the car back to finance without being repaired?
Customer: replied 1 year ago.
Is that possible?
Expert:  Jo C. replied 1 year ago.
Not if you are on HP.
They wouldn't normally reclaim unless you stop paying and even then you would be liable for the difference.
Customer: replied 1 year ago.
You mean pay the rest of the agreement
Expert:  Jo C. replied 1 year ago.
Yes, but they will give you a huge discount if you can settle early.
It might be that you could raise enough money on the sale of the car.
Customer: replied 1 year ago.
So is better do not repair it and and settle an agreement with the car dealer
Expert:  Jo C. replied 1 year ago.
Well, it may be worth repair. It will sell for more if you do repair.
Customer: replied 1 year ago.
I will be taken to court soon is it better to have a solicitor?
Expert:  Jo C. replied 1 year ago.
What for ?
Customer: replied 1 year ago.
Do I need a solicitor to help as I been couth drink driving
Customer: replied 1 year ago.
Do I need a solicitor or not
Expert:  Jo C. replied 1 year ago.
How did they find that out?
Yes, if you are being prosecuted for drink driving it is generally better to have a solicitor.
Customer: replied 1 year ago.
Can I have a solicitor from the government is it free and do I need to call someone or the court?
Expert:  Jo C. replied 1 year ago.
You might get legal aid.
Generally you don't but it depends on your reading.
Customer: replied 1 year ago.
How long can be the ban ?
Expert:  Jo C. replied 1 year ago.
Depends on the reading.
Do you know what the reading was?
How did they find out you were drink driving?
Customer: replied 1 year ago.
Was 0.70 breath and I was find out after the accident
Expert:  Jo C. replied 1 year ago.
You mean 70?
If so, you might not get legal aid as you are not at risk of custody.
The maximum ban is 22 months.
Customer: replied 1 year ago.
Ok
Expert:  Jo C. replied 1 year ago.
All the best.
Customer: replied 1 year ago.
Can I reduce the ban?
Expert:  Jo C. replied 1 year ago.
It will be from 17-22 months if the reading was 70.
You can ask them to keep it to the minimum.
You can do the drink driving course to reduce it by one quarter if they make that offer.
Customer: replied 1 year ago.
Hi will I lose my job? I normally drive a company van but the accident was in my own time
Expert:  Jo C. replied 1 year ago.
I don't do employment so I wouldn't know.
If you are on subscription you can ask another question in employment. Ask for Ben Jones as he is an employment specialist.
Customer: replied 1 year ago.
Thanks
Expert:  Jo C. replied 1 year ago.
No problem.
Customer: replied 1 year ago.
Hi how much can I pay over the of fence I made ?
Expert:  Jo C. replied 1 year ago.
Sorry?
Customer: replied 1 year ago.
How much can I pay for the offence I commited.
Expert:  Jo C. replied 1 year ago.
Sorry, I'm not sure what you mean?
Customer: replied 1 year ago.
Ho much the fine can be?
Expert:  Jo C. replied 1 year ago.
Usually between 125-175% of your weekly income.
Customer: replied 1 year ago.
I earn £400 a week how much can it be the fine?
Expert:  Jo C. replied 1 year ago.
Between 125-175% of your weekly income.
Customer: replied 1 year ago.
Roughly how much the calculation?
Expert:  Jo C. replied 1 year ago.
£500-£700 plus costs and the surcharge.
Customer: replied 1 year ago.
OK
Just been in touch with the insurance company and they won't be able to help plus the body shop company says my car might be behond repair they will tell me tomorrow
Expert:  Jo C. replied 1 year ago.
Yes, I thought that might happen I'm afraid.
Customer: replied 1 year ago.
If the car is not repairable can I give it back to finance if I cancel payment as I played almost half of it
Expert:  Jo C. replied 1 year ago.
No, I'm afraid.
They will probably accept it back but they will not give you the same price for it.
Customer: replied 1 year ago.
But can I cancel payment? Will it affect future buy's if I settle everything on this matter
Expert:  Jo C. replied 1 year ago.
No.
If you pay the settlement figure then it shouldn't have an impact.