Is it suicidal to make a car insurance claim if you were driving whilst uninsured?

Firstly I live in the UK. I know this sounds like a stupid question, but I was hit from behind by a motorbike the other day as I was turning right off a main road. He kind of admitted liability as he was coming from behind but we agreed to settle it amicably through our respective insurance companies. It was only when I rang up my insurance company to claim that I found out that they had cancelled my policy because my card was declined(at the time of automatic renewal), and I had been driving uninsured for one month. The reason is I was on automatic renewal but had ordered a new credit card in the new year hence the decline because details changing. The insurance comany had written to say this but I had stupidly not opened these letters assuming that I was automatically covered as in previous years and it was just more junk trying to sell their home insurance.

Now I realise that I am the biggest fool for not realising I was uninsured, but if I approached the 3rd parties insurance comany to claim for my repair would it be an unwise move? My insurance company said approach them direct and they should still pay as it was their drivers fault and I don't have to mention anything about my insurance(or non insurance). However I am anxious that they will find out I was not insured at the time, advise their driver to say it was my fault and that I was an uninsured scumbag and call the police. The police will then come and arrest me, I get sentenced to prison and then have to spend the rest of my unhappy days at the mercy of Bubba, Boggs and his Ugly Sisters. Do you see the quandry I find myself in?

tanitha

Do not claim.

Not having insurance is what's called a strict liability offence in law. That means that if you, in fact, have no insurance, regardless of why you don't have it (even if it's not at all your fault for some reason) you are guilty.

That means a compulsory court case and six points on your licence, if it's reported to the police.

If you claim, it's almost certain, in these days of reciprocal insurance arrangements, that the other party's insurance company will find out.

I certainly wouldn't take the risk

EDIT - to clarify comments others have made... the law requires you to give your insurance details to anyone who may 'reasonably require' it. This would obviously include anyone you had been involved in an accident with. Refusing to do so is deemed the same as having no insurance (as with breath tests) - ie 6 points and a fine.
It's also worth pointing out that the courts also have the power to order that any vehicle which is, or has been, uninsured is seized.

Rich S

Dont try to claim
As you were uninsured you shouldnt have been on the road so it will automaticly be your fault however it happened.
The other parties insurance company will persue YOU for any monies owed to the motorcyclist and probaly report you to the Police for driving uninsured.

paphole

as you were not insured at the time of the accident you could face a fine min of Â£50 and 6 points the courts do not except any excuses. If you are now insured you will still have trouble making a claim as the dates will not be the same and the police can impose a 3 month driving ban. This happend to me not worth the risk. Better to see if the person who hit you will settle privatly.

Kenneth Q

Don't claim that will
be much better for you
just stay far from all these things
and get on with your happy life
rather then facing a bad life :)

entidtil

Compulsory insurance laws aside, Where is it written that in order to be paid for damages one must also have insurance ? Following that logic, the little old lady pedestrian that is run over while crossing the street would have to have insurance. Makes no sense to me

BRIAN S

You have committed a serious motoring offence by driving when not insured.
If the motor cycle insurers become involved, they will know immediately that you were uninsured.
How much damage was sustained by the motor cycle? Is he likely to claim?
I would advise a low profile stance and renew your insurance immediately.

Bardic

In English law (and as far as I know, the whole of the UK) you are not required to disclose your insurance details unless either someone is injured or an attending police officer requests it. Neither applied, from what you say. As you have the other party's insurance details, write to them advising that you hold their client to blame and wish to claim against his insurance for your damage. There is no need for you to provide them with your insurance details.

I take it you've got your cover re-established, You didn't notice that the premium hadn't been taken? You must be very wealthy . . .

Kizzy

Sorry all, but entidtil has it right.

Because your not insured does not relieve the liable party from any fault and does not make the incident your fault.

Make the claim, you may receive notification that you must prove coverage for some time to come and you may also be ticketed for not having insurance at the time but your not considered at fault for this incident and their responsible for your repairs.

reggie

I am surprised that your ins co did not give you a little lee way to contact them with the new payment details. Will they not reinstate the ins now? I pay for my ins monthly, when it runs out on the 3rd of July, it automatically renews, my first direct debit for the new year is therefore 3rd August - a month into the term, but I am still covered for that period.

See what your insurance co is prepared to do because you do not want to find yourself at the mercy of Bubba and his dubious friends!

vegas_22122

i think you should try and claim. i don't think you will get in trouble the most they will probably do if they do tell the police is tell you to sort it straight away and fine you

geek

a very typical story... Do you have extra $$ to get a lawyers' consultation? You can hear here lots of suggestions, but I wouldn't jeopardize my situation and pay for a professional advice

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