Oh $h!t. I got a letter from my old insurance company...

Convicted Driver Insurance

Drew B

Well Known Member
Briefly, I was involved in a RTC, i.e. someone is to blame - I learnt that on the DD course :)
We were both breathalised and I obviously failed and was charged.

Not long after I received a letter from the police stating that the other driver was 'sufficiently at fault for causing the collision' (no mention of my DD charge) and has to attend a drivers course etc.

I was banned, sold my car and cancelled my car insurance, who were actually very nice and helpful.

But today I got a letter from them saying the other drivers insurance company "have offered 50/50 unless we provide dash cam footage. They state they will not take into consideration the fact their driver was put on a drivers awareness course unless we take into consideration you (me) were arrested for drink driving, charged and license revoked. Please could you confirm this"

Firstly I already had told them that I was charged and when lost my license. Secondly, I do not have dash cam footage. I know the police do as they obtained some from 2 different sets of witnesses who both said it was not my fault given the speed she was driving on a blind bend.

What do I do? How should I approach this? I am gutted. Genuinely thought I could try to move on having had such a major a learning curve, but it's seems I am not yet done learning :-(

Any thoughts/ ideas would be much appreciated, as right now I really want scream hysterically at my insurance company.
 
What does your insurance policy say about drink drive accidents, do they cover the costs or seek to recover it from you? Do they provide no cover at all other than paying minimum obligations in law?

Civil law is based on balance of probabilities. So if it went to court the other insurer doesn't have to prove you definitely contributed, they have to just prove on balance of probabilities you were partially responsible. A police course doesn't conclusively prove anything, it is quite possible for both drivers to be careless in an accident. Courts only sentence for the most serious offence, so it is unlikely you would have been charged with DD and careless.

You need to check the exact wording of your policy and also ascertain from your insurance company the value of the claim to date. If it is something you could settle Vs something that will bankrupt you need to handle it differently.
 
Thank you for your reply TipsyNurse. I have checked my insurance policy and there is nothing there about DD accidents/ convictions. It just says that they must be notified if a license has been 'withdrawn'. (Not 'revoked' - which makes me wonder if the wording is significant)

Crikey, the thought of possible bankruptcy is making my heart pound like mad
 
Hopefully you are not with Admiral if you had an accident whilst under the influence. To my knowledge they are the only insurer specifying a drink/drugs recovery clause, since Zurich withdrew it from their T&C.
 
In that case you should let your insurer deal with it. If the other insurance company are disputing it then quite possibly it will be difficult to get 0% fault, but that is for your insurance company to worry about.
 
I am grateful for your replies.
So how do I 'let your (my) insurer deal with it' ?
What can I say to them? I told the truth throughout but now I am nervous about saying anything
 
Follow any instructions from your insurer and honestly answer any questions.

Don't discuss it with the other party or their insurer.

Your insurer is there to represent your interests, once you ask them to handle the claim you are normally contractually obliged to let them negotiate and accept any outcome.
 
Thank you, that's kind of what I was thinking so I do appreciate that you confirmed it
 
Thought I would do an update...

First I contacted the police station to see if they could send me copies of the dash-cam footage, CCTV footage and the witness statement from the driver behind me. They told me they cannot send it directly to me, as they can only send it to an insurance company. Then I contacted my insurance company to tell them this.

They said they would contact the police and request them - and hopefully (!!!) they still have it. They will contact me once they have - or not - received it, but do not know how long it will take.
Typically, as the crash took place on a country road which had no white lines it is usual for the claim to be 50/50, but as there was evidence they accepted liability - I assumed. I asked how the other insurance company can disregard the police confirmation and was told that it was within their rights to do so and since I was charged that complicates things.

I fully accept my conviction and having done the DD rehab course so am now much more aware about units - it's something never to happen again.

This is another aspect of my DD that needs to be dealt with. The criminal conviction and the ban is tough, but this could be the straw the broke the camels back.

Anyway, I will keep you guys posted. There are lots of stories here about insurance companies but I have yet to find one which tells of an outcome. 'My' insurance company tells me it could take 12 months and, as I am no longer a 'customer', I don't feel very confident in them.
 
I have still not heard anything back from the insurance company.
Do you think I should ask them about it? I feel like it's hanging over me.

I can drive again at the end of this month, so I need to sort something out for insurance - I am thinking of being a named driver on both my parents cars but they are with LV, so I am wondering if this would be a dumb move?
 
My cynical self thinks that insurance companies try it on with customers who are already vulnerable after something such as a drink drive conviction etc. I know it feels like a weight on your shoulders whilst it's unresolved, but I would be inclined to simply respond promptly to any of their reasonable requests via correspondence and I would certainly not be chasing them up or otherwise effectively doing their job for them.
 
Thanks for your reply Philosophical.
My new insurance company flagged this up and the lady said she thinks it's an 'unresolved' issue where the other insurance company is contesting it. She advised that I call LV to find out what's happening.
I am not going to do that. And I still have not heard anything back from them.
 
Update - today I received a letter from the other driver's insurance company stating that they had contacted my insurance company for 'payment of costs' and that payment has to be made within 14 days or else legal proceedings will be issued against me.
It's from Direct Line. Who, incidentally, not only addressed to ''Mr/Ms *completely mispelling my surname*'' and put a different registration number under 'Your Vehicle'.
In bold letters they have told me contact my (old) insurance company and tell then to deal with it.
What should I do?
Just when I though 2020 couldn't get any worse! :mad:
 
Copy the letter for your information, send the original to your previous insurer with their reference number (if you still have it) with a covering letter asking them to deal with it.
Also write to direct line aying what you have done and invite them to send any further correspondence to your original insurance company. Get a proof of posting when you send to.

How much is the claim for?
 
Thanks for replying Price, I do appreciate it.
The letter does not state an amount - the subject line just states 'Your Vehicle: not my reg' and 'Our insured: Miss surname' then goes on about legal proceedings for but no mention about amount
 
difficult for them to proceed with a claim in court when they have not even told you the amount they say you owe!
Before they can proceed to court they have to issue a notice called a 'Letter before claim' setting our just what you owe and why.
If you do not respond to that then the next step would be to issue a County Court claim which would be sent from the Northampton business centre. You would certainly need to respond to the letter before claim, but anything saying 'or else' or 'we insist' is bluster.
 
'Bluster'... haven't heard that word in ages!
Thanks again Price, I feel very suspicious about this letter. Given the incorrect details in the letter, and that my conviction is online.
I am familiar with County Court claims (via work!) so would it be better to wait for that?
 
'Bluster'... haven't heard that word in ages!
Thanks again Price, I feel very suspicious about this letter. Given the incorrect details in the letter, and that my conviction is online.
I am familiar with County Court claims (via work!) so would it be better to wait for that?
Hi Drew,

When you your Conviction is online, what does that mean? Is it available online via google search like ?

I don't know whether everyone in UK have access to all Convictions? is that right?

Regards,

Sam
 
Yes Sam, if you type in my name in google the first thing that comes up is my conviction o_O . I asked a friend in the US (I am UK) to google me and they confirmed it. They suggested I go mad with social media type to 'push it down' - but I have never done FB, IG etc and I don't want to create those accounts
 
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