Ive hit someone who does not have insurance. What do I do?

[happyskyper]

Here is the situation. Ive reversed the car on to a road and in doing so hit an oncoming vehicle. So the fault is mine despite all the circumstances that led up to this.... obstructed views for both me and him. I couldnt see him and he couldnt see me and I had to reverse in order to get going.. you get the picture

I bumpped him while he was going at approx 20 mph and the damage was not great to his rear bumper. The job would be about a grand at the body shop for labour and parts.

My question is in relation to the fact that he was driving without insurance. He got in touch later and gave me details of insurance which he took out subsequent to the accident

Am I Still liable? Can he still make a claim against me and how? Should I sue him and what couls I gain in doing so?
Any other relvant info would be most welcome.

Thank you for your time

Happy

[Ethel]

Get in touch with your insurance and let them deal with it.

I hope you've reported him to the police for no insurance.

[Hammer]

If you are admitting liability, which you are, then it's your responsibility to make good any damage you've caused to his car. His lack of insurance is irrelevant in this aspect although the police may well be interested.

Let your insurance company sort it out - that's what you pay them for.

[Loosehead]

His insurance is irrelevant, your fault your insurers pay. Now as a separate issue he can be prosecuted for no insurance etc but it has no bearing on the accident. For example, I have in the past been rear ended and I never had to discluse my insurance at all, I know you are supposed to tell your own insurer even if it's not your fault but that is only their admin there is no legal basis.

[Ethel]

It is a condition of all insurance policies that you inform them of any accident, regardless of liability. Failure to do so will entitle them to cancel your policy.

[happyskyper]

Thank you all for taking time to answer this one for me.

He has been dealing directly with my insurance company and yes it turns out he has a claim against me.

From my end I am fortunate that he is not seeking any injury damages.

I guess it was my fault after all and I should pay rather than try to get off it on a technicality. Two lefts dont make a right.

As for his insurance. It is his matter entirely but I will make a point of mentioning it to him when I offer him a settlement cheque (dont want to lose my NCB). Perhaps I will outline few scenarios to him just to drive the message. Someone mentioned something about running into people at a busy bus stop in one the earlier threads??

Once again thank you very much

Happy

[NORMANTHEDOG]

are you mad,dont pay him a penny,let him take you to court,he has not got a leg to stand,as he had no insurance,he should not have even been there,i hit a uninsured driver once,and never paid him a thing,ho tried to take me to small claims court,they threw it out and made him pay all the costs,dont be stupid,i cant see your insurance company paying him any money,so why should you.

[dilligaf]

Take note of what NORMANTHEDOG posted.
He should not be on the road. If he hit you do you think you would have a leg to stand on and be able to claim against him.
No way

He is not insured. Do not pay him a penny. Insist your insurance deal with his insurance which does not exist. Full stop.

[dilligaf]

In addition to my previous posting and your question. How can he claim injury damages?
Why does your insurance company entertain the claim if his insurance was taken out after the incident.

Was the person driving the owner? If not who was driving? Does the driver have a licence?

It is an unfortunate situation this day and age that so many drivers do not have insurance, MoT or licence. You have been unfortunate to come across one without insurance.

Do not give in. You are fully insured to be on the road, he isn't.

[happyskyper]

Well I have come to this decision after consulting a solicitor and more importantly my own conscience.
It was my fault after all and I feel morally obliged first and foremost.

Additionally Hammer and Loose are entirely correct as far as the law stands. I am liable to pay him any damages I caused him regardless of his insurance. I guess the guy standing opposite Norman in court didnt have any legal representation?

You can equate it to catching a burglar in your house. Just cos he is doing wrong you are not allowed to use his head to straighten your son's baseball bat. Should your emotions in this situation overwhelm you and you cause him any harm you will swiftly find yourself on the receiving end of a court order at best, possibly even a prison sentence.

The solicitor used this analogy earlier on today and it makes perfect sense.

My assessment was that his lack of insurance was a genuine lapse.

My insurance would pay out the claim too if he made it.

Instead we are going to settle this one amicably as real grown up men should.

[lemonsorbet]

Genuine lapse of insurance or not, this is still a criminal offense, and I think you should report him to the police immediately!

If it was the other way round, and he'd hit you, then i'm sure you'd be footing the bill yourself.

with no insurance, he shouldn't have even been on the road in the first place, thus you wouldn't have hit him!!

I agree that you should pay the damage, but i think it's also your moral obligation to notify the police.

[happyskyper]

YES... I agree

After much deliberation I think that this is correct action.
Practically I dont think Police will do anything if he can provide them with continuous insurance apart from this blip. If he is a dodgy character then they might want to do something. It will be in their hands. In anycase I shall fullfill my moral obligations on both fronts.

Thanks for your input.

[Ethel]

Happyskyper - I applaud you for taking such a stance.

Well done, and I hope it is all sorted soon.

[tom hopkins]

just a thought is it legal to back onto a main road?

[happyskyper]

It was not a main road!

We all know what happens to those who assume dont we?

Circumstances were such that it really was an accident as both he and I did the correct things (including a safetycheck on my part before moving). Neither he or I could have seen one another until the bump as views were obstructed. I was alone so I could not ask anyone to look on my behalf and signal. Forced to creep back slowly I did exactly so but the timing of my manouvre coincided with him passing through the space we both wanted to occupie and the rest you know.

The irony was that I always reverse park apart from this time and it happened merely 10 yards from my house. I am thinking of installing one of those convex mirror jobbies for the future. Any thoughts on this?

but as an answer to your question... You are not allowed to reverse onto a main road as far as I am aware.

[happyskyper]

Special thanx to Ethel.. :-)

[tom hopkins]

thanks for the answer but the sarchasm was not needed!

[happyskyper]

Indeed!

[missrandom]

I wouldnt pay, legally he should not have been on the road. If he hadnt been on the road you would never have hit him, therefore its his fault.