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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 18689
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Further to previous queries about Admiral policies - My son

Resolved Question:

Further to previous queries about Admiral policies - My son has been charged with drink driving after an accident with a 3rd party and he is insured with Admiral, at this stage he does not know how much the costs will be but should he sign the indemnity form or wait until he knows what costs this entails, what terms or repayments it would involve.

He is still living at home but he has bought a property with his girlfriend but this requires total modernisation and has no capital but could they force him to sell it to pay them back. The mortgage is in my name as well as my son and his girlfriend.
Submitted: 10 months ago.
Category: UK Traffic Law
Expert:  Stuart J replied 10 months ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

We cannot see any other question. Can we have the full background please?
Customer: replied 10 months ago.
When trying to research my sons best options we came across a query answered on this website, this was from a father who's 23 year old son had an accident and covered the same part of Admiral Policy which states :

11. Drink and drugs clause
If an accident happens whilst You or any person entitled to drive under Section 5 of Your current Certificate of Motor Insurance:
■■ is found to be over the prescribed limit for alcohol
■■ is driving whilst unfit through drink or drugs, whether prescribed or otherwise
■■ fails to provide a sample of breath, blood or urine when required to do so, without lawful reason
No cover under the policy will be provided and instead, liability will be restricted to meeting the obligations as required by Road Traffic law. In those circumstances, We will recover from You or the driver, all sums paid (including all legal costs), whether in settlement or under a Judgment, of any claim arising from the accident.

We know they will recover the costs from my son and from other sites they will ask my son to sign an indemity form prior to us knowing what these cost will be . Should we sign, how far can they go in pursuit of these costs , could they take the house even though he is not the only interested party in the ownership of the house.
Customer: replied 10 months ago.
When trying to research my sons best options we came across a query answered on this website, this was from a father who's 23 year old son had an accident and covered the same part of Admiral Policy which states :

11. Drink and drugs clause
If an accident happens whilst You or any person entitled to drive under Section 5 of Your current Certificate of Motor Insurance:
■■ is found to be over the prescribed limit for alcohol
■■ is driving whilst unfit through drink or drugs, whether prescribed or otherwise
■■ fails to provide a sample of breath, blood or urine when required to do so, without lawful reason
No cover under the policy will be provided and instead, liability will be restricted to meeting the obligations as required by Road Traffic law. In those circumstances, We will recover from You or the driver, all sums paid (including all legal costs), whether in settlement or under a Judgment, of any claim arising from the accident.

We know they will recover the costs from my son and from other sites they will ask my son to sign an indemity form prior to us knowing what these cost will be . Should we sign, how far can they go in pursuit of these costs , could they take the house even though he is not the only interested party in the ownership of the house.
Expert:  Stuart J replied 10 months ago.
Thank you. It doesnt matter if he signs the form or not, they can still sue him for the costs that they incur and will usually win. The indemnity form simply means that there is no argument of over whether he must pay or not.
He can always argue later he signed under duress so I wouldnt worry about signing it to be honest. If it makes him feel better, reply saying that he will consider signing the form once he knows what the costs are and he has taken legal advice. Just dont ignore things completely
His own financial status is of no concern to them as he I am afraid their view is that he should have thought about that before driving.
They can only go after his half of the house and couldnt force a sale if it is jointly owned

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I am offline shortly until later today and will pick this up then


Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 18689
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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