I very carelessly allowed my car insurance to expire, not intentionally but I know it was an extremely carless lapse. One month after I caused a collision, only a minor one but other driver suffered some injuries and damage to her car. As I had no insurance cover, the other driver has told me that she will be suing me for damages of around £2000.
I am aware that there is the Motor Insurance Bureau (MIB) who consider claims in cases of an accident with an uninsured driver. The other driver is a young girl and thinking she may not be aware of the MIB I told her about them. However she has written to me to say she will still be suing me for damages.
Do you think she should be suing me rather than going through the MIB?
Yes New Judge, it expired not cancelled. No excuse though, I know I am completely to blame and I'll pay a heavy price for this, I think it is just a case of what price. As EDDIE51 suggests, it may possibly be a lot more than £2000.
You are right New Judge, it's not unreasonable at all. She is entitled to compensation so I now accept that as I don't have insurance cover I will have to pay her it.
Just wondered has anyone experienced a personal injury claim being a lot more than anticipated? Or has anyone gone to make a personal injury claim and been advised to claim more than you thought you should?
That's what I suspected ummmm with so many of these no win no fee firms that advertise so regularly. Are you able to share any details of your experiences?
I would be amazed if damages for personal injury are high in what was a minor collision. Damages in the 10s of thousands will have been as a result of some severe or long lasting damage.
It could creep higher if she has had to have time off work and has lost wages. It could also creep higher if she has had a replacement vehicle on credit hire.
Kirsty - was knocked over with my 4 year old son on a pedestrian crossing. I didn't overly pursue but had to see my doctor. He gave me the number of a solicitor.
They made an offer, more than I expected, my solicitor advised me not to accept it that they could get much more. I accepted it...it wasn't about the money really. I thought at the time that I was compensated for the damage done. Little did I know I'd be still suffering years later!
Thanks for that information Barmaid, yes it was a minor collision, the girl had some head and neck injury which didn't appear to be serious but I can't be sure of that.
I also don't know what other expenses she hay have incurred but I have a feeling that when she starts suing me the amount may well include the type of expenses that you mention.
My suggestion is that you get a solicitor on board asap and it may well be that you can negotiate a settlement in early course. It is inevitable that you are going to have to pay up so it might be worth getting some good advice so she/her solicitors dont take the mickey out of you.
Thanks for the advice Barmaid, yes I realise that one way or another I will have to pay this girl damages and coming to a settlement could well be best, otherwise she will just sue me for her money and no doubt for all of her costs.
As you suggest, it would be best for me to do this as soon as I can. If she does go ahead and start suing me for her damages, do you know if a settlement can still be made?
Oh yes a settlement can be made right up to the door of the Court. Indeed, if her damages for personal injury alone (ie JUST the damages for pain, suffering and loss of amenity) are less than £10k which is very likely in a minor collision she must use the MOJ scheme which a) limits the costs she can claim from you and b) encourages settlement at an early stage.
Mannguy, since you have been driving & had car insurance, have you EVER had the insurance Expire, not insured your car, had any trouble with details of insuring your car? If not I would appeal, we all & I mean, we all make errors even the Judges, Police, get a Solicitor to explain your plight & get the evidence frch & every insurance company you have been with, then get a Character reference, it's worth the effort, I bet there's a few on here that let's their insurance expire.
Thanks Barmaid that sounds good. Of course I will have to raise some money before I can offer a settlement but I should be able to manage that.
Just supposing I can't raise enough money or we can't agree on a settlement and she does go with suing me for her damages, do you know how the procedure works and what exactly happens?
There are too many variables, but lets assume that she wins an award from you in Court which you cannot pay. Firstly, you will have a CCJ registered against you if you do not pay. You can either come to an arrangement whereby you pay so much a month; she could put a charge on your property or she could attempt to make you bankrupt (the latter is unlikely if you have other creditors because then she wont get all her money).
Thanks for replying TWR, you are right that we all make errors of judgement and there are no doubt other who have intentionally let their insurance expire. I could say that I was the unfortunate one who caused a collision a month after the expiry, but I won't say that as it was totally my own fault and I will now have to pay a heavy price for that.
Like Barmaid has said it won't do me any good to appeal as it is strictly a liability offence. I now realise that I will have to face up to this as the girl has told me that she will be suing me for damages.
I'm sorry to hear that there is nothing to can do regards an appeal, your post will give every one of us a dire warning, " Check Your Insurance Details often" as we could all be in the same position. all the best to you Mannguy.
That's a nice message TWR. Again I have to hold up my hand and say I only have my self to blame for this but I will learn a harsh lesson from this and to never again let my insurance expire even for 1 minute!
This will probably have lots of people now checking their insurance just to be sure it hasn't expired!