skippyboyo1 Posted March 9, 2015 Share Posted March 9, 2015 Ok guys my friend has 5 pints and decides in her wisdom to drive home hitting a sign post on the way home, Someone rightly reports it and the police are there straight away, shes arrested and the car is taken into temporary storage. Where she had this accident shes lucky she didn't kill anyone or herself. I hate drink drivers and i have zero sympathy however her mum and dad have asked me some advice. Along with being Discusted with there daughter as shes supposed to be a responsible mother they actually own the car so are looking to claim on insurance. they own the car but the log book is in the daughters name so all legal etc Here is the question can they do this? their not insured on the car only the daughter. My first thought is they would have to get their daughter to claim but as she was drink driving surely this would void any insurance? and if they did try to claim on the insurance and were found out would this not be an attempt to defraud the insurance company and add to there problems? Cheers Quote Link to comment Share on other sites More sharing options...
Gaz6002 Posted March 9, 2015 Share Posted March 9, 2015 Can't see how they'd be able to claim if the insurance is in her name. She'll need to deal with the whole lot. I also have no idea whether she was technically covered or not, but going by what I know about insurance companies, I doubt it! Quote Link to comment Share on other sites More sharing options...
skippyboyo1 Posted March 9, 2015 Author Share Posted March 9, 2015 Can't see how they'd be able to claim if the insurance is in her name. She'll need to deal with the whole lot. I also have no idea whether she was technically covered or not, but going by what I know about insurance companies, I doubt it! sorry yes i mean they would have to get the daughter to claim Quote Link to comment Share on other sites More sharing options...
Benjy Posted March 9, 2015 Share Posted March 9, 2015 If the daughter rings the insurance company and says "I had an accident whislt under the influence..." They'll pay for anything she hit except her car I suspect. Also, most insurance policies require the registered keeper to be the policy holder unless it's a lease car etc. So that in itself my nullify the insurance if she's said it's her car and it's not. Either way, it's gonna cost her more than a taxi would have in the long run! Quote Link to comment Share on other sites More sharing options...
RobUK Posted March 9, 2015 Share Posted March 9, 2015 An employee of ours did something similar but actually wrote off the car.... He was unable to claim.... The daughter is the only one who can claim.... Only way to find out would be to phone the insurers and ask I'm afraid as they will all take different views.... If the damage isn't significant its probably not worth claiming.... Quote Link to comment Share on other sites More sharing options...
Gaz6002 Posted March 9, 2015 Share Posted March 9, 2015 I'd be interested to hear how it plays out. Quote Link to comment Share on other sites More sharing options...
skippyboyo1 Posted March 9, 2015 Author Share Posted March 9, 2015 just to add the log book is in the daughters name, but car payed for by the parents i think the car is wrote off. Quote Link to comment Share on other sites More sharing options...
RobUK Posted March 9, 2015 Share Posted March 9, 2015 Not alot of options then... 1. Claim - get paid out 2. Claim - get told to go away 3. Don't claim. As the car is hers there isn't much the parents can do.... If they can claim then at least its bot a total loss and the funds could hopefully clear the finance... Quote Link to comment Share on other sites More sharing options...
johnd-mkiv Posted March 9, 2015 Share Posted March 9, 2015 Can't see insurance paying out for any of it if it's drink driving, there may be something in her policy regarding this. I heard of a priest that had "praise the Lord" vinals on his car after an accident the insurance inspector come out and classed the stickers as a mod that had not been declared, and refused to pay out lol Quote Link to comment Share on other sites More sharing options...
Benjy Posted March 9, 2015 Share Posted March 9, 2015 She's getting banned anyway, so she's got nothing to lose by claiming I suppose. Quote Link to comment Share on other sites More sharing options...
Guest Budz86 Posted March 9, 2015 Share Posted March 9, 2015 If she is registered as the owner and keeper her parents don't have a leg to stand on legally as the car is owned by her (even though they bought it for her). She is unlikely to be able to claim if she's convicted of drink driving as that invalidates most policies, so not only will she lose her license but probably the car too and may even end up with a bill for the sign she hit! Plus a possible fine by the court........would have been cheaper to go single! Quote Link to comment Share on other sites More sharing options...
MattP Posted March 9, 2015 Share Posted March 9, 2015 I have never seen or heard of a policy that is not void by an accident that occurs while under influence off... Insert substance 1. The parents may still prove ownership of the vehicle if they have proof of payment, a V5 is not proof of ownership only who is the registered keeper. 2. Regardless of ownership and on the assumption the policy has a relevant clause (it 99% will) the insurance are not legally obliged to cover her for anything it's as if she had no insurance legality wise. 3. Should the insurance be understanding (doubtful) they may pay for damage caused to a 3rd party if minimal. 4. In the above event a local authority or 3rd party may recover damages from the driver responsible. 5. The parents for example if they disapprove that much may recover the cost or damages for the vehicle from the responsible driver. Bitches be crazy.. Quote Link to comment Share on other sites More sharing options...
jimojameso Posted March 9, 2015 Share Posted March 9, 2015 I know someone who hit another car head on whilst under the influence and the insurance didn't pay out. She had to take out a 12k loan to pay for the other guys written off suburu. Think she's screwed tbh. She can try to claim i suppose. As Benjy said she is banned from driving now anyway Quote Link to comment Share on other sites More sharing options...
jamesmark Posted March 9, 2015 Share Posted March 9, 2015 I just renewed my insurance last week with Admiral and part of the blurb they legally had to make me listen to was: They will not pay out for the car or any other damages including legal cover if accident was caused by me DUI. I will ill keep my post at that as people like her make my piss boil so much. Quote Link to comment Share on other sites More sharing options...
Tony Posted March 9, 2015 Share Posted March 9, 2015 So if you get done for dui, do you get done for no insurance as well? To be honest i dont know why we dont have zero tolerance to drink driving. At it would be clear cut. Quote Link to comment Share on other sites More sharing options...
skippyboyo1 Posted March 9, 2015 Author Share Posted March 9, 2015 Agree totaly with the negative comments and I'm glad she was caught. Thanks for the advice everyone, will keep this updated Quote Link to comment Share on other sites More sharing options...
MattP Posted March 9, 2015 Share Posted March 9, 2015 So if you get done for dui, do you get done for no insurance as well? To be honest i dont know why we dont have zero tolerance to drink driving. At it would be clear cut. You would think so but no it's a warped system but any prosecutor worth his/her salt would bring it to the attention of the court. IE: in effect your honor/worships the accused showed no regard for property or life the second they sat behind the wheel.. Etc etc big words much confusion.. Quote Link to comment Share on other sites More sharing options...
skippyboyo1 Posted March 10, 2015 Author Share Posted March 10, 2015 thats interesting because i did think she would get done for no insurance but apparently it doesnt work like that. Also im not sure if she actually looses her licence and has to take her test again or it just get given back to her.... id like to think she looses it totaly Quote Link to comment Share on other sites More sharing options...
Al Massey Posted March 10, 2015 Share Posted March 10, 2015 thats interesting because i did think she would get done for no insurance but apparently it doesnt work like that. Also im not sure if she actually looses her licence and has to take her test again or it just get given back to her.... id like to think she looses it totaly If she gets banned, she will get her licence back after the time that's been given. If she has it revoked, she has to re do the whole process. The judge can ban and revoke but that's very rare. They see a ban as punishment enough :/ As for the insurance question. Insurance is only null and void during certain circumstances, which usually is tax and mot. So would depend on the small print I guess Quote Link to comment Share on other sites More sharing options...
Havard Posted March 10, 2015 Share Posted March 10, 2015 She won't get done for no insurance as she actually had a live policy. The fact that she has voided it by drinking and driving will not be added to the offence. This is madness and unless the policy wording is ambiguous and she is willing to challenge it in court, she is better off taking the ban and fine from the courts, repaying her parents for the car and putting it all down to experience. As a guy who is shopping for a car for his daughter, if she got pissed and binned it, after I had put her on the road, that would pretty much be the last piece of assistance I would offer. Is the girl attractive? If she can have five pints, drive partially home and still stand up, then she sounds like a keeper. She will also need a lift / taxi from now on and with the fine and repayments she will need to find other ways of payment... H. Quote Link to comment Share on other sites More sharing options...
Chris Wilson Posted March 10, 2015 Share Posted March 10, 2015 http://www.confused.com/car-insurance/blogs/drink-driving-innocent-so-why-has-my-insurance-been-revoked Sounds a grey area to me, what if she'd killed an eminent surgeon who had five young children? I would assume that his family would not very accepting of a few quid and perhaps a share in a mortgaged property The payout would be millions, would the insurance company refuse? That would be grossly unfair. They probably try and wriggle on low value claims, but death or major property damage??? Hmmm, interesting! Sorry to hear of her accident, foolish in her actions, but I am not one to make sweeping criticisms, who knows what the full story was, we, as humans, are prone to irrational and foolish behaviour from time to time. Quote Link to comment Share on other sites More sharing options...
skippyboyo1 Posted March 10, 2015 Author Share Posted March 10, 2015 She won't get done for no insurance as she actually had a live policy. The fact that she has voided it by drinking and driving will not be added to the offence. This is madness and unless the policy wording is ambiguous and she is willing to challenge it in court, she is better off taking the ban and fine from the courts, repaying her parents for the car and putting it all down to experience. As a guy who is shopping for a car for his daughter, if she got pissed and binned it, after I had put her on the road, that would pretty much be the last piece of assistance I would offer. Is the girl attractive? If she can have five pints, drive partially home and still stand up, then she sounds like a keeper. She will also need a lift / taxi from now on and with the fine and repayments she will need to find other ways of payment... H. Shes well fit it must be said Quote Link to comment Share on other sites More sharing options...
fisherjohn Posted March 10, 2015 Share Posted March 10, 2015 As she was under the influence she the insurance is automatically null and void - Full Stop They will pay out nothing and all and every cost is down to her I am afraid End of story !! Quote Link to comment Share on other sites More sharing options...
supra_aero Posted March 10, 2015 Share Posted March 10, 2015 Quote Link to comment Share on other sites More sharing options...
Chris Wilson Posted March 10, 2015 Share Posted March 10, 2015 As she was under the influence she the insurance is automatically null and void - Full Stop They will pay out nothing and all and every cost is down to her I am afraid End of story !! I believe you are wrong, third party cover would still be active. If you were knocked down by a drunken driver how would you feel if their insurance offered you no compensation and medical care, and the driver proved insolvent or unwilling to offer financial compensation? The insurance process would have broken down. I cite this paragraph in the link I posted earlier: Reasonable approach However, my concern is that when a clause is so widely drafted, would the insurer take such a "reasonable" approach when considering a payout following an accident involving a written off Ferrari? Thankfully, most of the insurance companies who introduced these clauses have since withdrawn these exclusions. Presumably they have done so because such exclusions would be incredibly difficult to implement and have a number of unintended consequences. Still, it's worth checking your car insurance policy and the terms that relate to being under the influence of alcohol or drugs. Quote Link to comment Share on other sites More sharing options...
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