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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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I was invloed in a rta yesterday evening - the was my fault

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I was invloed in a rta yesterday evening - the was my fault (although i didn't admit blame to other party)
I called my insurance this morning to find my policy was cancelled on 28th july due to a payment not being received ( I've not been at my home address due to illness and therefore not seen letter - although they state they've sent several)
Ive this morning re insured my car with another insurance company - declaring last nights accident.
I was wondering what to do for the best now - I gave the third party what i thought to be correct insurance details but in fact the car on the mid is uninsured.
i know ill probably get a summons from police for non insurance but what am i to do about the lady car i hit - i have her address and phone number should i contact her ?
Submitted: 13 days ago.
Category: Law
Expert:  F E Smith replied 13 days ago.

Hello - what was the damage to her car?

Customer: replied 13 days ago.
headlight and front bumper damage
Customer: replied 13 days ago.
Sorry I'm at work so can't talk at mo - just really worried
Expert:  F E Smith replied 13 days ago.

Don’t worry about the telephone call. The offer comes out automatically. We can carry on here.

Was the lady in the car and is there a chance that she would make a personal injury claim for whiplash or such like?

Customer: replied 13 days ago.
she was driving the car with a child in the back - her version is that i pulled out on her at the island - she hit my rear driver side wheel arch with the front bumper of her car - my version she was indicating right to go around the island but changed her mind
Customer: replied 13 days ago.
im not sure she may be able to say wiplash as she hit and shunted me
Expert:  F E Smith replied 13 days ago.

Thank you.

Roundabout claims are very difficult to bring and defend and very often, they will settle 50-50 in the absence of any clear evidence or witness statement as to who was at fault. Even then, they very often settle 50-50.

However don’t be at all surprised if she runs off to an ambulance chasing solicitor who will deal with a personal injury claim for her on a no win no fee basis.

She can also claim on behalf of the child and with legal costs, a couple of straightforward whiplash claims for a couple of thousand pounds each can easily be a £10,000/£15,000 bill.

Leaving aside the police and the uninsured issue (you don’t have a defence to that I’m afraid) if she brings a claim against you it will be dealt with by your original insurer under the Motor Insurers Bureau uninsured drivers scheme and they will be told to deal with the claim as though the insurance was still in place but they will seek the money back from you.

If you can settle this out-of-court, so much the better. Otherwise, tell her that you are not insured (don’t tell her about the Motor Insurers Bureau) but that you’re happy to pay for the damage if she tells you how much its cost is. Alternatively, you can brazen it out and tell her that in your opinion, having taken advice, it was on a roundabout and whilst you believe that she was at fault, it’s 50-50 at best/worst and she can do what she likes.

There isn’t a magic way of dealing with this I’m afraid.

.Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 13 days ago.
Will her insurance advise her I'm not insured ? Who will her insurance argue blame with if I don't have insurance ? My new (Tesco) or cancelled ( Avila) Sorry if I'm coming across a bit thick I'm really confused by it all - who do I need to inform the insurance that has lapsed that I've given her the details of or my new insurance I took out online this morning in sheer panic when I realised I needed to use the car
Expert:  F E Smith replied 13 days ago.

The blame for the accident doesn’t automatically come down on your auto just because you are not insured.

Her insurer will check the insurance database and will soon establish whether you are insured on the date of the accident or not and will doubtless report that to her.

That would be her insurer reporting to her.

There was absolutely no point in giving her the details of your new insurer because they didn’t cover you at the time of the accident. I appreciate you panicked.

Customer: replied 13 days ago.
sorry to clarify her insurance will confirm I'm not insured so who will they then contact The mib Who will advise that the insurance company that I thought I had cover with need to act for me - do I have that correct ?
Customer: replied 13 days ago.
Who do I need to tell about the accident if anyone
Customer: replied 13 days ago.
I've stated on my new policy the date of last nights accident and that value of damage unknown when I got online quote
Customer: replied 13 days ago.
I just want to do the right thing I'm mortified that I've driven for past 2 wks with no insurance
Expert:  F E Smith replied 13 days ago.

If she puts a claim through her insurance, the insurance company will contact you. If you don’t deal with it, they will then refer it to the Motor Insurers Bureau who are likely to make your old insurer deal with it and your old insurer will then seek any money they have to pay out you because after all, although the MIB may make them pay out, you haven’t paid the premiums, you are not insured, they are not liable (you are) and that’s why they would seek to recover from you.

You must report the accident to the police within 24 hours if you don’t give your details at the time of the accident.

You should also report the accident to your insurance company although obviously, you haven’t got one.

It is likely that when her insurance company check your insurance and find you not insured, they will report the matter to the police.

Customer: replied 13 days ago.
Ok I believe she's already told her insurance - do u think it still worth trying to sort direct with her or wait for her insurance company contact me - do i respond ? Will I be best to get a solicitor at this stage or let the mob deal ? If I am held liable for costs how can I pay thousands I don't have
Expert:  F E Smith replied 13 days ago.

There is no harm in trying to sort directly with her BUT read what I have said at the end

I would wait to hear from her insurer before instructing solicitors

If she takes you to court and is successful, then if you don’t pay whatever is awarded by the court (assuming that she is successful of course because if its 50-50, then your claim against her would wipe out her claim against yours) she can enforce the judgement against you and make you bankrupt which may or may not be a problem depending on whether you own a house and what equity is in the house.

Initially, you said that this was your fault. From the mechanics of the accident, there is an argument that it could be 50-50 so it might be worthwhile seeing a solicitor to see you could get a solicitor to deal with this on a no win no fee basis to bring a personal injury claim against her for your injuries because if she has injuries, you are likely to have also.

The fact that you may not be insured is not relevant for the purposes of you bringing a personal injury claim.

F E Smith and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Ok I think I'll wait and see what her insurance say before I do anything - let's hope I can settle with them
Customer: replied 13 days ago.
she doesn't claim personal injury - I live in hope
Customer: replied 13 days ago.
Thankyou for all you help and advise