Insurance In Rtc

[Kathyan]

My husband was involved in an RTC a few weeks ago. There were three cars involved, my husband being in the first car. The second car was pushed into my husband's car by the third car who's driver wasn't insured. Now I know that my husband is covered by the driver of the second car's insurance but how does the second car's driver go on about claiming for his car's repairs as the driver of the third car wasn't insured? I know it doesn't matter to me but I'm just curious!

[EDDIE51]

They just go through their insurance company. There is an organisation called 'The Motor Insurance Claims Bureau' who sort out responsibility in cases where there is an uninsured driver. All insurance companies pay into a central fund to cover such claims.

[Kathyan]

Thanks Eddie, I thought that but I wasn't sure.

[ToraToraTora]

the third car is responsible for cars 1 and 2. he had no insurance therefore cars 1 and 2 must each claim off their own insurance. Car 1 CANNOT claim off car 2. If car 3 was insured both car 1 and 2 would be claiming off car 3. As it stands the insurers for cars 1 and 2 may well pursue a claim against the driver if he has has sufficient assets.

[ToraToraTora]

"Now I know that my husband is covered by the driver of the second car's insurance " - NO, car 2 is not at fault that is a common myth.
PS I am assuming this really is car 3's fault.
PPS this actually happened to me once and we all claimed off car 3s insurance.

[Buenchico]

Insurance is only there to cover 'negligence' by a driver (for which he could otherwise be sued).

As TTT has indicated, the driver of the middle car wasn't negligent, therefore neither he nor his insurer owe anyone anything.

It's the driver of the rear car who is liable for the cost of repairs to both of the cars in front. If he's not insured the drivers of those cars can sue him to recover the money. In practice though the Motor Insurance Bureau will pay out to the drivers of those two cars and then consider whether there's any chance of suing the driver of Car 3 to recover their losses.

[Kathyan]

Oh right. It was the third car driver's fault. He was drunk and on his phone at the time, as well as having no insurance, at 7.30 in the morning! The insurance companies will sort it then. You learn something every day. Thanks all.

[ToraToraTora]

why would it be anyone other than the fault of car 3?

[bhg481]

As it stands at the moment, cars 1 and 2 stand to lose their no-claims bonus because of car 3 being uninsured. A dishonest person in car 1 could claim that car 2 ran into him and claim against him, leaving car 2 to prove it was all car 3's fault, thus preserving his (car 1's) no-claims bonus.

[Kathyan]

What if car 1 had protection insurance in case of being hit by non-insured driver?

[bhg481]

Then you'd be OK but you might lose one of your "lives".

[hc4361]

You need to check your insurance policy, different companies have different rules.
My insurance is not affected at all if I'm in an accident with an uninsured driver and it's not my fault.