insurance arguement help or advice please..

[nackymoo]

my friend drove into another car last week and it turns out the driver of the other car (who was 100% to blame for the crash) , was banned and had no licence but he was driving the car with the permission of the owner who is his partner and who did have insurance and was in the car with him at the time of the accident. i reckon her insurance wont accept liabillity because she voided her insurance by letting her partner drive the car whilst fully aware he had no license .. so will my mate be able to claim off her insurance or is it likely to be tricky

[farrendahl]

nackymoo said:

my friend drove into another car last week and it turns out the driver of the other car (who was 100% to blame for the crash) , was banned and had no licence but he was driving the car with the permission of the owner who is his partner and who did have insurance and was in the car with him at the time of the accident. i reckon her insurance wont accept liabillity because she voided her insurance by letting her partner drive the car whilst fully aware he had no license .. so will my mate be able to claim off her insurance or is it likely to be tricky

I'm prepared to be corrected here but I always thought if driver A (that would be your friend) drove into driver B (the other party) in a case like this regardless of the insurance implications (ie running with no insurance etc) that driver A would automatically be classified as at fault?

[mjcneat]

So your friend drove into another car and you want them to pay out?

Not going to happen. Your friend may get off lucky as no doubt the insurer won't have any outlay to recover.

[catman]

The OP hasn't specified the cause of the accident. for instance, the other party could have failed to stop at a stop line.

Therefore, although the OP's friend hit the other car, he wouldn't be at fault. I would also expect the Insurer to pay out for the accident, but may possibly try to recover their costs from their insured.

Tim

[nackymoo]

my friend was driving along and the other driver pulled out in front of him , giving my friend no chance to stop. it was 100% the other drivers fault and he had been banned and had his licence taken away because he was going senile. hope this clears up any confusion.. thanks for the help so far guys

[mjcneat]

nackymoo said:

my friend was driving along and the other driver pulled out in front of him , giving my friend no chance to stop. it was 100% the other drivers fault and he had been banned and had his licence taken away because he was going senile. hope this clears up any confusion.. thanks for the help so far guys

If that's the case then the other vehicle's insurer would have an obligation to deal with your friend's claim under the Road Traffic Act. It's then for them to worry about getting the money back from their policyholder/driver but that wouldn't be your friend's worry.

[catman]

I'm psychic! Or Psycho, not sure which...

Tim