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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15502
Experience:  30 years as a practising solicitor.
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My car was involved in an accident in january. I have my car

Customer Question

Hi.
JA: Hi. How can I help?
Customer: My car was involved in an accident in january. I have my car to someone in work as they told me they were covered by the insurance I believed them and let the drive my car they then crashed into a parked car and i later found out and went to the accident. The driver got done with driving with no insurance. My insurance company claim I am liable even though I was under false information. Is there any way I can fight this as I do not believe I was 100% liable as I was under false information also there should be a crime reference number would that help my case?
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: I have received a later from insurance company stating I owe 10000 in the next 14 days. I replied to the email asking for more clarification as was quite vague they replied saying I am liable that’s all so far
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Does this cost money?
Submitted: 10 days ago.
Category: Scots Law
Expert:  JGM replied 10 days ago.

I am a solicitor in Scotland. Thanks for your question. As RTA insurers of the vehicle they have to pay the third party claim. However you are strictly liable for their loss because you didn’t properly check the insurance credentials of the driver. They can ask you to reimburse their outlay on that basis. You in turn have a claim for relief against the driver. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

Customer: replied 10 days ago.
Hi what do you mean by claim for relief from the driver?
Expert:  JGM replied 10 days ago.

Ultimately the driver was at fault for not being insured to you can claim anything you have to pay to the insurance company from the driver.

Customer: replied 10 days ago.
Ok thanks. I have an arrangement with the DVLA I am paying them 1000 because of the accident and can get a customer reference number would this help? The driver has been prosecuted for driving with no insurance?
Expert:  JGM replied 10 days ago.

I don’t know if that is relevant.

Customer: replied 10 days ago.
Not customer reference sorry a crime reference
Expert:  JGM replied 10 days ago.

Why are you paying DVLA £1000?

Customer: replied 10 days ago.
A penalty payment?
Expert:  JGM replied 10 days ago.

For what? The car was insured.

Customer: replied 10 days ago.
I don’t know that’s why I need advise. I was insured on the car but wasn’t present. I have set up a payment plan with the insurance bureau who I believe deal with claim when a driver is not insured?
Expert:  JGM replied 10 days ago.

Did your insurer pay the claim or was it done through the MIB? You will need to give me the right information and also upload the DVLA letter.

Customer: replied 10 days ago.
I have attached email from insurers and receipt for MIB payment. I thought the mib were the insurers I was confused as I got so many phone calls and letters. If the MIB are taking a payment from me should the insurers be taking a payment also?
Customer: replied 10 days ago.
Don’t know if attachments help
Expert:  JGM replied 10 days ago.

I’ll look and catch up with you later. I have go offline for a bit. Thanks.

Customer: replied 10 days ago.
If you could get back to me ASAP would be appreciated. Just need some clarification if the MIB are involved if I should be paying insurance thanks
Expert:  JGM replied 9 days ago.

There is no indication on the screenshot you have sent me who the message is from. The email address contains the letters “sbgl”. Have you no actual letters about this?

Customer: replied 9 days ago.
I haven’t received a letter just an email from Somerset and I can’t get through to office to speak over the phone due to the pandemic. I have attached the full email I received the other day for the amount of 10000. I am already paying the MIB a penalty payment of around 1000.
Expert:  JGM replied 9 days ago.

The last document you posted was of help. You paid the DVLA a penalty because the car was driven by an uninsured driver. That deals with that and is separate from the claim which is by your insurer. They, as RTA insurers of the vehicle had to pay out the third party and they are seeking recovery from you because you allowed someone to drive your car who was not insured to drive it. As I said above you have the right to reclaim that amount from the driver. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.