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i have took out car insurance and i now have 3 points for 35

 

Customer Question

i have took out car insurance and i now have 3 points for 35 in a 30 area,but forgot to tell them. i had a car accident a few days ago, it was a learner driver who panicked and slammed her brakes on because she saw police car with sirens and flashing lights, the instructor said she panicked, there is no major damaged broXXXXX XXXXXght on my car and cracked bumper on other car. i slid into the car in the wet. The learner actually drove away. But later i was told by the instructor that she went to A&E because she has hurt her shoulder due to seat belt injury. I have offered to pay but he wants to go through the insurance because the learner has gone to the hospital complaining about her shoulder.Do you think the insurance company won't pay out and will i get arrested for no insurance or points. Also do you think i could arrange with my insurance to pay the liability if they honour my insurance policy.

 

Optional Information:
Province/Country relating to question : cheshire

Already Tried:
tried nothing as yet but i'm thinking and contacting my insurance company

Submitted: 410 days and 16 hours ago.
Category: UK Traffic Law
Value: £50
Status: CLOSED
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Expert:  UK-Justice replied410 days and 16 hours ago.

Thanks for your question. Please remember to click ACCEPT once you get my answer.

Did they go into the back of you or you into them?

Customer replied410 days and 16 hours ago.

i slid into the back of other car

Accepted Answer

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Expert:  UK-Justice replied410 days and 15 hours ago.

Ok - as you know then you are responsible as you went into the back of someone else.

Insurance companies do try and get out of paying.

It is entirely possible that they will refuse to pay as you have failed to declare you have points.

They may take the view if you pay a recalculated premium they will pay - but this is a commercial decision for them.

Some insurers accept the increased premium and cover liability, some refuse all together.

I would anticipate as this is just speeding (and not a high risk like mobile phone or drink drive) that they would accept this.

But if the insurance refuse you would be liable for any personal injury claim and damage to the car.

If that is the case you COULD (not necessarily will) be prosecuted for no insurance.

It really depends on the stance of the insurance company.

I am sorry that this is not a definite answer but based on what you have said, this is the legal position.

Please remember to click accept so that I am credited for my time. Thank you.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.9 %
Accepts: 527
Answered: 5/4/2012

Experience: Called to the Bar in 2007

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