Crashed into by unaccompanied learner driver

emmaro

Someone crashed into the back of my car. Guards were called - other driver said she did not have her licence on her, guard said fine. The NCT was out of date on her car too - guard did not seem to notice it, or if he did he never said anything.

The other driver said she would prefer to pay for the damage to my car rather than go through insurance. The damage to my car will cost approx 3,000 to repair. I rang the other driver today and she said she could not afford it and that she was a learner driver (no L's on car) so her insurance would not pay. She has asked me to lie and say her father was in the car with her so her insurance will pay for my car.

I am sick over this. I do not feel like lying - it's wrong and she could go back on the road unaccompanied and kill someone. However, with her insurance invalid, where does this leave me? I don't want to claim on my own and loose no claims bonus/have a huge increase next year for claiming.

bassy

pic or BS

GreeBo

You put in the claim to her insurance... who else was in the car is not your concern and i doubt you will be asked tbh.

DopeTech

I'd call her insurance company and ask. I'd say they will pay out but hopefully refuse her at next renewal.

JeffKenna

But the guard will have known her dad wasn't with her at the time. I wouldn't be lying about something like that.

evlgmaojr27ypu

If she has insurance they will payout, they will just go after her for the cost.

kingtut

I wouldn't even dream of lying for her!
She crashed into you and broke the law by driving unaccompanied (as well as several other things).

Shouldn't be any of your concern that she can't pay etc.

SSr0

Sounds like she has no insurance at all.

emmaro

SSr0 wrote: »

Sounds like she has no insurance at all.

I'm fairly certain she does - which is why she asked me to say her dad was there so they will payout.

I'm just worried that as she was unaccompanied, the company will not class her as insured at the time.

beertons

Insurance all the way. It's not your problem she drove unaccompanied.

amcalester

Insurance company will pay out on the policy and then chase her for the money.

No need for you to lie, just ring her insurance and start a claim. Let her worry about the repercussions.

emmaro

bassy wrote: »

pic or BS

I wish it was BS.

whomitconcerns

Not your problem. Put the claim in on her insurance and that's that

Irishphotodesk

If you say her dad was in the car you could face a prosecution by Gardai for attempting to pervert the course of justice, it’s not your fault she was driving around illegally, she is 100% in the wrong and if her insurance doesn’t pay up, the MIBI will.

diceyreilly

They are legally obliged to pay all 3rd party claims. If she was pissed out of her mind and on the phone and no l’s they have to and will pay the claim.

Seth Brundle

So an unqualified driver is driving* and crashes into you in a car not deemed roadworthy and you're feeling guilty?
Sod her! She's caused three grands worth of damage and wants you to fraudently lie on her behalf? Hopefully this will be a lesson for her!


* without her licence even had she been qualified which also is an offence

Henry Ford III

If she was insured (Garda will have checked) they'll cover your 3rd party damages regardless.

Johnnyhpipe

The insurance investigator will find this thread and you’ll both be bolloxed for lying.

Dont lie.

emmaro

Thanks all! Feeling less worried now! I was never really considering lying - but I think I fell a little for a sob story and was worried her insurance would not pay out.

Steve

Being uninsured does not absolve them of liability. it just means they owe you for the damages rather than an insurance company.

I really wish the judiciary would enforce this,

TallGlass

Good grief.

Don't even entertain the suggestion.

She sounds like a right chancer, god knows what type of insurance nightmare would happen if you said that, then she says 'em no one was in the car with me', then it turns out shes a full licence and now you look like your up to something.

Even with a learner permit, if she decided to say your lying and the Garda backs her up, you'd be up **** creek for as someone said basically perverting the course of justice.

If there is anything at all this forum has thought me, it's let insurance companies deal with any claim. You might get lucky and they'll pay no problems and everyone lives happy ever after, but then you get the one person that gives you the run around.

Ultimate Seduction

They will pay you no matter what once she admits liability.

Spook_ie

Gard probably gave her a produce notice anyway, so 10 days time he starts looking for license production details and then the follow on of driving no L plates, no accompanying driver etc., but as long as she has some insurance in place they will pay 3rd party and if no insurance at all the fall back will be the MIBI.

tuxy

diceyreilly wrote: »

They are legally obliged to pay all 3rd party claims. If she was pissed out of her mind and on the phone and no l’s they have to and will pay the claim.

This!
If she does have insurance then they will have to cover her 3rd party even if she was breaking the law. Of course they will also cancel her policy and black list her.
This is why insurance companies are extremely harsh on anyone that has had their policy cancelled in the past.
The fact that she has asked you to lie shows her character.
Contact her insurance and let them deal with it, have no further contact with her directly.

bassy

emmaro wrote: »

I wish it was BS.

hope you get sorted.

Cee-Jay-Cee

Claim of her insurance. If they ask, say you don’t know as you only spoke to her and didn’t notice if anyone else was in the car with her as you were in shock. She can lie for herself. It’s no concern of yours.

Sleeper12

The Gardai took statements from both of you. Took statements from any witness & passengers. How can you lie & say her father was a passenger when the Gardai report will prove it not to be true? You may have your claim denied if caught lying.

Tell the truth & the insurance will pay out. Don't be worried about what will happen to her. She broke the law

tuxy

Cee-Jay-Cee wrote: »

Claim of her insurance. If they ask, say you don’t know as you only spoke to her and didn’t notice if anyone else was in the car with her as you were in shock. She can lie for herself. It’s no concern of yours.

That's still being dishonest, there is absolutely no need to lie in this situation.

Mongfinder General

She found the money to pay for a car, insurance, fuel etc. she'll find the 3 grand.

Miike

diceyreilly wrote: »

They are legally obliged to pay all 3rd party claims. If she was pissed out of her mind and on the phone and no l’s they have to and will pay the claim.

This is the only important comment in this thread.

Dakota Dan

emmaro wrote: »

Thanks all! Feeling less worried now! I was never really considering lying - but I think I fell a little for a sob story and was worried her insurance would not pay out.

Was she driving a green Yaris by any chance?

BorneTobyWilde

Insurance is NEVER invalid. They might claim it is but legally it's not. Are we saying that the 99% of learner drivers are driving around with no insurance, as 99% of them do not have someone in that car with them. Who the hell is going to accompany someone to work in their car, and sit in car all day and accompany them home. Only in Ireland!

sunnysoutheast

emmaro wrote: »

Someone crashed into the back of my car. Guards were called - other driver said she did not have her licence on her, guard said fine. The NCT was out of date on her car too - guard did not seem to notice it, or if he did he never said anything.

The other driver said she would prefer to pay for the damage to my car rather than go through insurance. The damage to my car will cost approx 3,000 to repair. I rang the other driver today and she said she could not afford it and that she was a learner driver (no L's on car) so her insurance would not pay. She has asked me to lie and say her father was in the car with her so her insurance will pay for my car.

I am sick over this. I do not feel like lying - it's wrong and she could go back on the road unaccompanied and kill someone. However, with her insurance invalid, where does this leave me? I don't want to claim on my own and loose no claims bonus/have a huge increase next year for claiming.

Yeah lots of people say that and then mess you around.

Just claim off her insurance and be done with it. F**k her tbh. Her lies are her problem.

emmaro

Dakota Dan wrote: »

Was she driving a green Yaris by any chance?

Nope.

bazz26

From what you have said OP, the less direct dealings you have with this person the better for you and quicker you will get your car sorted. Just go through her insurance because otherwise you will never get a satisfactory outcome with someone who thinks its ok to get you to lie around a claim. As others have said, her insurance company are obliged to pay out on a third party claim made against her. They may however seek to recoup that money from her at a later stage because she is a learner driver driving unaccompanied. That's her problem to deal with however, not yours.

Make sure you have the Garda's name, badge number and the Pulse case number in the event her insurance company ask.

paleoperson

Why the **** would you say it was her dad that was driving? You're not her friend are you? Any favour you're doing her is a danger to others and taking money out of the pockets of others (not the insurance company).

I suggest you cop on and act like an adult, why would you even ask this question. She doesn't know any better at her age and still has a nerve, you should.

tuxy

paleoperson wrote: »

I suggest you cop on and act like an adult, why would you even ask this question. She doesn't know any better at her age and still has a nerve, you should.

Bit harsh, the OP wasn't aware of the insurance companies 3rd party cover obligation. Some people can react wrong in these situation, it's not a maturity thing and many people can not afford to lose €3k.

emmaro

paleoperson wrote: »

Why the **** would you say it was her dad that was driving? You're not her friend are you? Any favour you're doing her is a danger to others and taking money out of the pockets of others (not the insurance company).

I suggest you cop on and act like an adult, why would you even ask this question. She doesn't know any better at her age and still has a nerve, you should.

Yikes.

My question was if her insurance was invalid where would that leave me, not whether I should lie for her - and I never said anything about her dad driving the car.

paleoperson

emmaro wrote: »

Yikes.

My question was if her insurance was invalid where would that leave me, not whether I should lie for her - and I never said anything about her dad driving the car.

oh yeah I misread it. So she wanted you to say her dad was in the car with her. That's quite different then.

Her insurance will still have to pay whether her dad was in the car or not. They won't get out of paying a claim like that. Insurance can't just be "invalid" based on something like that. I drove for several years as a learner with no accompanying driver, after a few years I also took off the L-plates but that's neither here nor there. The point is that it's very common. If you really had no insurance you'd go straight to jail after a serious accident, the insurance is valid.

fritzelly

Possibly the car isn't hers either so whoever lent it to her will be in trouble as well

tuxy

paleoperson wrote: »

oh yeah I misread it. So she wanted you to say her dad was in the car with her. That's quite different then.

Her insurance will still have to pay whether her dad was in the car or not. They won't get out of paying a claim like that. Insurance can't just be "invalid" based on something like that.

If her insurance decides to cancel her policy over this(does that sometimes happen in these cases?) she can expect her next quote to be €5k+. Perhaps this is what she is worried about.

Hoboo

paleoperson wrote: »

If you really had no insurance you'd go straight to jail

You wouldn't be allowed pass Go or collect £200 either.

Nic_Col

Time to cut out the middle man (or in this case, woman) and deal with her insurance company. You've nothing to gain and an awful lot to lose by covering for her.

She reneged on her initial agreement to pay for your damages, she's only looking out for number one, take a leaf from her book. She doesn't care about you so why should you care about her?

The insurance will be grand; that line that's commonly put out there that insurance won't pay out on claims against unaccompanied learner drivers is only a myth. Her premium will sky rocket, that's the real reason she's attempting to get her father (who presumably has agreed to go along with it) to take the hit instead.

monkeysnapper

Yeh you can bet her father has step back bonus protection on his policy and that's what's going on here.

As people have said ,,,, this isn't your mess or problem ...

Do this by book and let her deal with her own mess.

Rechuchote

emmaro wrote: »

She has asked me to lie and say her father was in the car with her so her insurance will pay for my car.

She has asked you to help her defraud an insurance company? Step far back, my friend, back, back, back away.

blackwhite

emmaro wrote: »

Someone crashed into the back of my car. Guards were called - other driver said she did not have her licence on her, guard said fine. The NCT was out of date on her car too - guard did not seem to notice it, or if he did he never said anything.

The other driver said she would prefer to pay for the damage to my car rather than go through insurance. The damage to my car will cost approx 3,000 to repair. I rang the other driver today and she said she could not afford it and that she was a learner driver (no L's on car) so her insurance would not pay. She has asked me to lie and say her father was in the car with her so her insurance will pay for my car.

I am sick over this. I do not feel like lying - it's wrong and she could go back on the road unaccompanied and kill someone. However, with her insurance invalid, where does this leave me? I don't want to claim on my own and loose no claims bonus/have a huge increase next year for claiming.

Her insurance will still cover you - it just won't cover her own car if she was unaccompanied.

Insurance companies cannot disclaim the third party element of cover for things like NCT, unaccompanied learner, etc., but they can pursue her themselves to recover costs afterwards


*EDIT*
Just to add - I know you've said you wouldn't really consider lying for her - but just to avoid any risk of being swayed to sympathy, deal directly with the insurance company, not her.

Marcusm

emmaro wrote: »

Someone crashed into the back of my car. Guards were called - other driver said she did not have her licence on her, guard said fine. The NCT was out of date on her car too - guard did not seem to notice it, or if he did he never said anything.

The other driver said she would prefer to pay for the damage to my car rather than go through insurance. The damage to my car will cost approx 3,000 to repair. I rang the other driver today and she said she could not afford it and that she was a learner driver (no L's on car) so her insurance would not pay. She has asked me to lie and say her father was in the car with her so her insurance will pay for my car.

I am sick over this. I do not feel like lying - it's wrong and she could go back on the road unaccompanied and kill someone. However, with her insurance invalid, where does this leave me? I don't want to claim on my own and loose no claims bonus/have a huge increase next year for claiming.

If she is insured and you have a probable claim then it will be late. If she was driving outside the terms of her policy then the insurer may be able to recover the money from her but that is not your issue, your claim is separate.

The Garda will have surely checked her driving license at the scene? And will have noted no accompanying driver?

Credit Checker Moose

I seriously doubt the Gardaí attended.

Credit Checker Moose

Credit Checker Moose wrote: »

I seriously doubt the Gardaí attended.

The OP said they did.

Credit Checker Moose

Then she is screwed.