BMW 3 Series GT - Car crash who is liable to pay for damages | Legal matters | Back Room Forum

Tue 23 Aug 2022 23:16

BMW 3 Series GT - Car crash who is liable to pay for damages - Connor123

So my car was parked outside my home when it was crashed into I wasn’t in the vehicle at the time.the driver of the other vehicle fled the scene but vehicle was left at scene. The vehicle is insured to a woman. So the police have said the woman claims she sold the vehicle a few days before and gave a name and address but the name and address given is not correct no person by that name has ever lived at the address. Just wondering where I stand with it all are the other party’s insurance liable to pay even if she claims she sold it a few days before the accident. also insurance wasn’t cancelled till a few days after the accident

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Wed 24 Aug 2022 06:58

BMW 3 Series GT - Car crash who is liable to pay for damages - RT

You claim on your insurance and let them sort it out.

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Wed 24 Aug 2022 07:37

BMW 3 Series GT - Car crash who is liable to pay for damages - daveyjp

As a above.

Whichever company insured the vehicle at the time is liable, regardless of the registered keeper situation. It's why when you sell a car you should cancel the insurance immediately.

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Wed 24 Aug 2022 08:29

BMW 3 Series GT - Car crash who is liable to pay for damages - Cris_on_the_gas

Quite correct the previous owner and hence her insurance company are liable for the damage.

That is why on an Insurance certificate states " Nothing in this certificate affects your right as a third party to make a claim.

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Wed 24 Aug 2022 10:49

BMW 3 Series GT - Car crash who is liable to pay for damages - Connor123

thanks for reply so you think no matter what I’ll be able to claim on the insurance of the woman who was insured at the time because I don’t want to claim on mine as I wasn’t even in the car when it happened

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Wed 24 Aug 2022 11:43

BMW 3 Series GT - Car crash who is liable to pay for damages - RT

thanks for reply so you think no matter what I’ll be able to claim on the insurance of the woman who was insured at the time because I don’t want to claim on mine as I wasn’t even in the car when it happened

It'll affect your No Claim Discount anyway as you'll have to declare the accident at the next renewal when answering the question "Any accidents, claims or convictions".

If your insurer is successful in recovering all their costs, they'll reinstated your NCD and you can declare it a "No Fault" accident at future renewals.

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Tue 30 Aug 2022 01:36

BMW 3 Series GT - Car crash who is liable to pay for damages - NEIL SCARLETT

As a above.

Whichever company insured the vehicle at the time is liable, regardless of the registered keeper situation. It's why when you sell a car you should cancel the insurance immediately.

100% Correct

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Wed 24 Aug 2022 10:47

BMW 3 Series GT - Car crash who is liable to pay for damages - Connor123

Hi thanks for the reply I don’t want to claim on my insurance I wasn’t even in the car don’t see why it should affect my no claims when I’m not at fault

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Wed 24 Aug 2022 11:08

BMW 3 Series GT - Car crash who is liable to pay for damages - Adampr

It shouldn't affect your no claims if you weren't at fault. She was obviously driving home from the pub and ran off. Her insurance will pay and the police might get more involved.

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Wed 24 Aug 2022 11:24

BMW 3 Series GT - Car crash who is liable to pay for damages - Connor123

I’ve spoke to insurance today there still chasing it up but spoke to the mib and there basically saying if they can’t prove the 3rd party was driving then I won’t be able to claim on there insurance. Because they’ve claimed they’ve sold it surely they have to provide proof of sale. And the police have investigated it they know it was the person driving but can not prove it

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Wed 24 Aug 2022 11:35

BMW 3 Series GT - Car crash who is liable to pay for damages - Palcouk

Forget about speaking to her insurers, they will simply fob you off as you are not their client and they have no obligation to converse with you.

Either issue a court small claim against that owner for the repairs you have paid for or contact your insurers and let them handle it

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Thu 25 Aug 2022 12:08

BMW 3 Series GT - Car crash who is liable to pay for damages - Andrew-T

Hi thanks for the reply I don’t want to claim on my insurance I wasn’t even in the car don’t see why it should affect my no claims when I’m not at fault

I think you have no choice but to work through your own insurers. You have no contract with any other insurer unless that insurer's client admits fault. When/if your claim is successful your NCD should be unaffected if things work out correctly.

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