Up s**t creek without a paddle...

Xperia

Xperia

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Hi Folks,
My vehicle got hit by a drink driver (breathalyser and blood confirmed and he was charged and has been to court), as in I managed to swerve (almost) out of the way as he came barrelling down at me at 140km/h head on, in my lane. He struck my vehicle, span and rolled it and it's a write off..
Only to find out that my insurance had lapsed (yes, I know, I screwed up). At the scene of the accident my ex-insurance authorised the tow and only the following day when I attempted to submit the claim did they inform me that it had lapsed. They paid for the tow but not for the storage and release fees.
He is a 20 year old student who was driving his parents vehicle.
I've read that their insurer (Hollard comprehensive) will almost definitely repudiate the claim including 3rd party due to the DUI. Hollard are "investigating" and God only knows how long that will take.
I'd appreciate any and all advice as to how to now proceed. Do I have to file a civil claim, or are there other options?

Thanks in advance folks.

X
 
Don't mention DUI, both parties.

If he was not tested that night, then DUI can't be proven. Follow claims process as you would for any reckless idiot.


Also last I heard they need to 3rd party payout, but if they reject the claim then their insured client does not get paid out.

His insurance will drag their feet. Make sure you have the original car registration paper. You need to prove you are the vehicle owner.

And infuture keep your insurance paidup. This could have been their fight.
 
Firstly glad you are ok and got out unscathed.
You gonna have to sue them for your loss.
How did your insurance lapse, there might be a transgression you could use to your benefit.
 
Pretty sure they have to pay out the third party claim.

They might go after him for the money, but you should get your part of the bargain settled.


How does your insurance magically lapse? I mean either you pay for it or you don't pay for it. Not like a debit order is magically going to stop itself.
 
Venomous said:
Don't mention DUI, both parties.

If he was not tested that night, then DUI can't be proven. Follow claims process as you would for any reckless idiot.


Also last I heard they need to 3rd party payout, but if they reject the claim then their insured client does not get paid out.

His insurance will drag their feet. Make sure you have the original car registration paper. You need to prove you are the vehicle owner.

And infuture keep your insurance paidup. This could have been their fight.
Click to expand...

Thanks, he was tested the same day AFAIK, the accident happened at 08h30 on a Sunday morning. Hopefully they will pay 3rd party but that would contradict all I've read. I have all my paperwork, the car is less than 2 years old.
My insurance normally is paid up, this was an administrative mistake on my part that of course (Murphy's Law) I am going to pay for dearly.
 
How the heck do I delete this double post in Tapatalk?
 
Last edited:
Hemi300c said:
Firstly glad you are ok and got out unscathed.
You gonna have to sue them for your loss.
How did your insurance lapse, there might be a transgression you could use to your benefit.
Click to expand...

Yeah Hemi300c I agree that it's going to come down to a civil case. I made an administrative error with my debit orders which I cannot blame on anyone but myself... :banghead:
 
SauRoNZA said:
Pretty sure they have to pay out the third party claim.

They might go after him for the money, but you should get your part of the bargain settled.


How does your insurance magically lapse? I mean either you pay for it or you don't pay for it. Not like a debit order is magically going to stop itself.
Click to expand...

Well I hope you're right about the 3rd party but I don't think that's the case.
I changed bank accounts, my debit order didn't get transferred properly, the insurer didn't inform me (nor do they need to legally) and if the account isn't sorted in 15 days the policy automatically lapses.
 
Have you tried talking to your insurer with regards to meeting in the middle maybe?

If its not a case of you cancelling outright there might be some hope.

Make a bit off a fuss.
 
SauRoNZA said:
Have you tried talking to your insurer with regards to meeting in the middle maybe?

If its not a case of you cancelling outright there might be some hope.

Make a bit off a fuss.
Click to expand...

I haven't actually, it may be worth a try. One hears about insurers repudiating claims for the smallest of reasons, I automatically assumed that non payment of a policy would be all the reason they need..
 
I managed some amazing things with the supposed biggest evil of all evils Outsurance when I had a claim and there were some confusions regarding my policy.

Ended up just paying the difference in premiums for the skipped months and that was that, claim went smoothly enough all things considered.
 
First try and try to make up with your insurer, ask them if you could restore the balance of payments due to keep the policy but I suspect they would not as they would now be liable.

Only real option I see are civil court proceedings.
 
Xperia said:
Well I hope you're right about the 3rd party but I don't think that's the case.
I changed bank accounts, my debit order didn't get transferred properly, the insurer didn't inform me (nor do they need to legally) and if the account isn't sorted in 15 days the policy automatically lapses.
Click to expand...

If the debit order didn't get "transferred properly" (nothing is really transferred, you just tell the insurer these are my new account details, if they mess up, its their fault) due to a issue on the insurers side and that's why your policy lapsed you will have good case with the short term insurance ombudsman.
 
When did the debit order not go through/how many months.
Industry std is
Debit order rd's
Advice to insured by insurer
Double debit the next month (if that doesn't go through then cover lapses w.e.f. the first month of non payment.

I suggest get a broker, let them look and see, and only work through a broker for your insurances.
 
Yeah, I made an admin error one month, and within 3 days of the debit order run, my broker was phoning me and telling me it didn't work....

Fixed it and they double debited me next month, no lapse in insurance.

As for the 3rd party stuff, DUI or not... Hollard have to pay.... they can repudiate their clients claim, but not yours.
 
As for the 3rd party stuff, DUI or not... Hollard have to pay.... they can repudiate their clients claim, but not yours.
Click to expand...

This is completely incorrect. Hollard's contract is with their insured - the drunk guy. They indemnify HIM (assuming Comprehensive cover) against
a) damage to his vehicle
b) liability to third parties - the OP is the Third Party
subject to certain exclusions, one of which will surely relate to DUI in some form or another.

The OP, the Third Party have no claim against Hollard - his claim is against the drunk guy - the drunk guy's claim is against Hollard
 
RaymondB said:
This is completely incorrect. Hollard's contract is with their insured - the drunk guy. They indemnify HIM (assuming Comprehensive cover) against
a) damage to his vehicle
b) liability to third parties - the OP is the Third Party
subject to certain exclusions, one of which will surely relate to DUI in some form or another.

The OP, the Third Party have no claim against Hollard - his claim is against the drunk guy - the drunk guy's claim is against Hollard
Click to expand...

So how does insurance company A claim monies from insurance company B then where B insures the party at fault?
 
ponder said:
So how does insurance company A claim monies from insurance company B then where B insures the party at fault?
Click to expand...

If the fault is a risk that has been insured, then it is covered by the insurance policy. Risks which are usually excluded are: (1) intention (obviously); (2) drunk driving; (3) a driver not having a valid licence etc.
 
RaymondB said:
This is completely incorrect. Hollard's contract is with their insured - the drunk guy. They indemnify HIM (assuming Comprehensive cover) against
a) damage to his vehicle
b) liability to third parties - the OP is the Third Party
subject to certain exclusions, one of which will surely relate to DUI in some form or another.

The OP, the Third Party have no claim against Hollard - his claim is against the drunk guy - the drunk guy's claim is against Hollard
Click to expand...


Uhm, no.

Even if you are insured, you can tell your insurance that you will handle the process. Meaning you can approach other party's insurance, lodging a claim.
They are likely to go slow on the claim, but you are covered under 3rd party on guilty person's insurance.
 
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