Find out what happens when a friend causes a road traffic accident in your car and does not have a valid policy of motor insurance or a valid driving licence
Car insurance policy holder question
I have car insurance in the UK and I allowed my friend, who is not a named driver and who doesn’t hold a UK licence nor any motor insurance herself, to drive my car. She was involved in a road traffic accident in Salford (Greater Manchester) with a third party which was my friend’s fault, both cars suffered damage and the third party suffered a whiplash injury.
I understand that if there is a motor insurance policy in force, as I have a policy, this should deal with the claim by the third party.
Will my motor insurance pay for the damage of the third party car and the whiplash injuries of the third party driver?
Road traffic solicitor response
It seems clear from what you have said that the responsibility for the accident lies with your friend. You gave permission for your friend to drive the car despite knowing she had no valid driving licence and was not insured – driving in such a way is a criminal offence in the UK.
The Motor Insurance Bureau – MIB – will meet the third party liability of uninsured drivers, but if a vehicle has motor insurance available that insurance company as opposed to the MIB will meet the third party liability.
As your friend was driving your vehicle with your permission and you had motor insurance it is likely that your motor insurance company will pay out for the third party accident claim.
However, as your friend was driving without insurance and you consented to this taking place, it is likely that any sum paid by your motor insurance company will be recouped from yourself and I am sure that your motor insurance company will make this clear from the outset.
It is also possible that your motor insurer will not pay up front and require you and your friend to meet the liability from the outset as you will be in clear breach of the terms of the policy of motor insurance.
Car crash compensation amounts
If you have any queries about how much a claim for whiplash or other injuries can be worth following a car crash click RTA compensation amounts to see a page I have written setting out examples of compensation awards for various different types of UK injury.