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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13831
Experience:  Senior Associate Solicitor
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I am a named driver on my wife's insurance. I hit someone

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I am a named driver on my wife's insurance. I hit someone and caused damage to the car ( in excess of £2000 ) and the last in the car has minor injury to her shoulder. we rung the insurance company and they said our insurance is invalid as they hadn't recieved the no claims paperwork and therefore we are not insured for the accident. we have been paying the insurance and I'm totally lost to what my next move is
JA: What location was this in? And have you consulted a local lawyer?
Customer: it was in hitchen and no I have not consulted a lawyer .. we don't have much money
JA: Was a citation issued? Was a court date set?
Customer: nothing yet as the people I crashed into are still waiting for our insurance details.. my wife has been trying to dispute it with the insurance company but they aren't moving on their position
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no as far as I knew I was totally legit to drive and fully covered

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

The insurer can get out of paying this claim - if you do not send them proof of no claims discount. Which it appears they have - you need to respond to the lawyer acting for the claimant and say that you are uninsured and ask them to redirect the claim to the Motor Insurers' Bureau (MIB) - which is a governmental body set up to compensate victims of uninsured or untraced drivers. If their claim is not eligible then they may still pursue you however. When you receive the letter of claim, reply to say you acknowledge it and that a liability response will be sent to them within the 3 month time period which is allowed under the personal injury pre action protocol.
You should ask them for a copy of the claimant's medical records (to check whether they sought medical treatment and also to check for any pre existing shoulder injuries). They will send you the records if you ask for them - you do need to see them.
If you prefer, assuming the MIB do not accept their claim, you can ask a defence law firm to defend the claim / seek to get it struck out. It doesn't sounds like a high claim - the claimant will need a medical report for their injury. They may try to pursue you without a lawyer (not sure from your question if they are using a lawyer or not).
If you would like a firm to help you with this try any of these :

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 1 day ago.
do I need to hand my self into the police? there is an accident report I believe
Customer: replied 1 day ago.
hold on I've just paid £44 for a phone call .. and now your saying unavailable to call ???

No, you don't as no crime has been committed.

I dealt with the written answer (the "Q&A" service). A call is optional.

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