Car Insurance claim,please help.

[Stella66]

My sister gave me her car to go and pick up her children from school. I was hit from behind at a round about by a truk driver. He accepted liability and l had 2 witnesses come forward and the police were involved. I have my own insurance which covers me to drive other cars. After the accident l rang my own insurance company to make a claim as l was driving the car. They accepted the claim and gave my sister a replacement car while hers is in repair. The problem is, my sisters car insurance had been cancelled 2 days ago, which meant it was not insured at the time of the accident. How will this affect my claim? Will l be prosecuted for driving an uninsured car even if l was insured? will the other driver's insurance pay, or will they lose this as a loophole even when there are clearly at fault. Please somebody help, lm panicking.

[moomintroll1]

Your sister's insurance has no bearing, so don't worry.

All that matters is that the driver of the vehicle had insurance when it was being used on a public road. Your insurance was covering you at the time, so you will be fine. If the other party have admitted liability (and in a rear-end shunt, it is always assumed that the driver of the car which ran into the other is at fault), their insurance should settle the claim quite quickly.

Of course, if your sister had been driving at the time, it would be a different story.

[Ethel]

I don't know the answer - it will take time to find out, but it is not as simple as moomintroll makes out.

You were insured to drive a car on the public highway that was legal - it had to be insured in its own right.

You do seem to realise that any vehicle has to have insurance to be on the road - which is totally different to the driver being insured.

I'll try and find out.

[New Judge]

Your sister may be prosecuted for �keeping� a car on the road without Third Party insurance. All cars now have to be continually insured if they are kept on the road, regardless of whether they are driven or not.

You should not be prosecuted as you have insurance to drive other cars on your policy. Some respondents here will say that this extension to your insurance is only valid if the vehicle is insured in its own right. I would say that they are wrong unless your policy specifically states this. Mine, for example, does not, but some may. The fact that your insurers have accepted your claim seems to clear that up.

The last thing to mention is that, unless it is very unusual, the extension to your insurance which allows you to drive other cars almost certainly is restricted to Third Party cover only. This means they will only pay for injury or damage to other people�s vehicles or property. I am therefore surprised that they have supplied a replacement car to your sister or got involved in the repairs as they probably have no liability towards her at all.

[Mrs_Pegasus]

I disagree with New Judge based on the fact that we could own one vehicle insured in our name and then have other cars all uninsured and just use the same insurance policy! This would save car drivers �1,000s!!! What about taxing those cars? An insurance document will only insure you for a specific car so I cant see how any insurance company would insure you on any car which isnt insured.

Stella you were not insured at the time of the accident. The other insurance company has the right to ask for proof of insurance, MOT and tax.

Your sister put you in a very difficult situation, with her cancelling the policy 2 days before letting you pick up children in the car. You have been very lucky, thank goodness you never caused an accident or even worse injured your passengers.

There is a chance your sister will be invoiced for the replacement car, I am struggling to understand how she accepted the vehicle knowing the company was no longer her insurer!

[REWRFWL]

Im afraid to tell you that unless your sister held insurance on the car that you were driving then your drive any car aspect of your insurance is invalid as you are only insured to drive another car that has its own insurance policy. If you see what i mean??

Basically you were not to know that your sister did not have insurance and insurance is based on Utmost good faith, so you should not be prosectuted, however it may affect the claim, as it was not your fault then, technically it would only be your sister that was out of pocket as she lent you an uninsured car.

[kassem]

your insurer should pay whether your sisters policy is valid or otherwise.since you are covered under your policy permits you to drive any vehicle, then your insurers are liable and your claims should be payable.
samir

[kassem]

i wa'nt to add more to my previous answer, the insurers of the truck will be responsible for the damages because the truck driver was guilty as per police report and becasue he had confessed that he is to blame. so don't worry, you will be indemnified by the other insurance company, i.e. the insurers of the truck.
samir

[Stella66]

Thank you Samir, you have put me at ease. My insurance company has arranged for the car to be repaired and have even offerred a replacement car. I was getting scared that they might bill me for it.