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Friend caught drink driving advice


skippyboyo1

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after speaking with her insurance chris is indeed right. She cant claim for her car as technically she wasn't covered due to drink however if she had damaged the sign she hit or indeed hit a person or another car they would pay everything accept the damage to the drink drivers car or any injury's to the actual drink driver.

 

Her court date is on the 27th i will update again, she works almost next door to where she lives so im expecting a lengthy ban but a smaller fine as shes a single parent.

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Ok lots of different opinions but here are the facts are:

 

Her insurance company will remain liable for any third party damages - e.g. the sign damage. They will then choose whether or not they pursue the policy holder for this outlay providing the policy wording states that there will be no cover in the event of drink driving (which it will).

 

In relation to the damage to her car, I have seen this go both ways. I have seen some insurers repudiate the claim and others pay for the repairs.

 

Regardless of whether or not the insurers are going to pay out, she has an obligation to report the accident to her insurance company.

 

This is not just my opinion, I used to run a claims team for an insurance broker.

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Ok lots of different opinions but here are the facts are:

 

Her insurance company will remain liable for any third party damages - e.g. the sign damage. They will then choose whether or not they pursue the policy holder for this outlay providing the policy wording states that there will be no cover in the event of drink driving (which it will).

 

In relation to the damage to her car, I have seen this go both ways. I have seen some insurers repudiate the claim and others pay for the repairs.

 

Regardless of whether or not the insurers are going to pay out, she has an obligation to report the accident to her insurance company.

 

This is not just my opinion, I used to run a claims team for an insurance broker.

 

thanks for this

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Ref the insurance issue. Clearly it has been ascertained that she had a policy of insurance for her use of a motor vehicle on a road.

 

In light of this there was third party cover in effect which is all that is required by law. Thus regardless of her drink and drive actions she was still covered for third party claims. Thus no offence under S.143 RTA 1988 (No Insirnace) was committed.

 

The only complication I can see is that if she isn't the Registered Keeper of the vehicle yet her statement of fact upon inception of insurance states she is, then there has been a materially false fact disclosed to the insurance company. This may constitute an offence under S.174 (5) RTA 1988 (Insurnace fraud). If this is proven then the Insurnace company may have grounds to void cover from inception and waive their liability, being that the policy was inception upon false information.

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Ref the insurance issue. Clearly it has been ascertained that she had a policy of insurance for her use of a motor vehicle on a road.

 

In light of this there was third party cover in effect which is all that is required by law. Thus regardless of her drink and drive actions she was still covered for third party claims. Thus no offence under S.143 RTA 1988 (No Insirnace) was committed.

 

The only complication I can see is that if she isn't the Registered Keeper of the vehicle yet her statement of fact upon inception of insurance states she is, then there has been a materially false fact disclosed to the insurance company. This may constitute an offence under S.174 (5) RTA 1988 (Insurnace fraud). If this is proven then the Insurnace company may have grounds to void cover from inception and waive their liability, being that the policy was inception upon false information.

 

shes the registered keeper

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Sounds like she'll be missed by the local publicans.... ;)

 

In the "good" old days you could get extra cover to provide a driver should you be banned for drink driving. And the Scandinavians offered a chemical tape you could stick to the inside of your top row of teeth that defeated all but the worst cases of excess when taking the breath test. Needless to say it was banned ;) I am sure a chemistry guru could come up with an alternative.

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What is it with parents buying cars for their kids, hopefully this is a lesson to them. Even if I was a millionaire I wouldn't buy my daughter a car, it's teaching her to wait for me to do everything for her and ensure she lives a life of carelessness as the parents will always come cleaning up.

 

Interesting thread though, had no idea what would happen in this sort of scenario.

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What is it with parents buying cars for their kids, hopefully this is a lesson to them. Even if I was a millionaire I wouldn't buy my daughter a car, it's teaching her to wait for me to do everything for her and ensure she lives a life of carelessness as the parents will always come cleaning up.

 

Interesting thread though, had no idea what would happen in this sort of scenario.

 

I have to agree.... I had to buy my own first car! Piece of S**T, but still....

 

Still waiting for this hovis pic...

 

I thought we were not allowed to ask for that anymore ;)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Im waiting as well :)

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I have to agree.... I had to buy my own first car! Piece of S**T, but still....

 

An look at you now ;)

 

All my friends who bought their own cars are doing well now, can't say the same for those who had cars bought for them :D

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What is it with parents buying cars for their kids, hopefully this is a lesson to them. Even if I was a millionaire I wouldn't buy my daughter a car, it's teaching her to wait for me to do everything for her and ensure she lives a life of carelessness as the parents will always come cleaning up.

 

Interesting thread though, had no idea what would happen in this sort of scenario.

 

I'm no longer calling you 'Daddy'.

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