This Hurt

Froddy

Member
Messages
1,072
I’m so sorry to hear about this, and so glad you’re okay. What a terrible ordeal for you ...

My understanding of the legal position is this:

The third party insurers may argue/are arguing either that the other driver failed to declare her mental illness, or that her deliberate actions are not insured. Under the Road Traffic Act 1988 they may seek a declaration that the policy is to be avoided. Unless or until the contract is avoided, they will retain a statutory duty to satisfy any judgment obtained against her.

If they get that declaration, it’s not the end of the matter. Article 75 is invoked when a driver is uninsured but there is a policy in existence which covers the car driven by the driver at fault.

The MIB (Motor Insurers Bureau) is there to ensure that no innocent motorist goes uncompensated if they are involved in an RTA with an uninsured driver, so all insurers club together to fund such claims. However, if a policy can be identified for the car in question, that insurer has an Article 75 duty to foot the bill. In your case, there is an insurer, but they are refusing contractual indemnity to her, so that they can sue her for any money paid out to you.

So, hopefully, you won’t have any problems and there’s no need to worry. Her insurers are teeing up their claim against her and sorting out their Article 75 status.

Article 75 certainly is not new, and there is no fresh legislation to be concerned about as far as I’m aware.

Thank God you’re okay, and let’s hope it all gets sorted out swiftly ...
 

Wattie

Member
Messages
8,640
What an awful experience. Fortunately you weren’t seriously injured or worse and the car situation (barring the appalling insurance situation) has been resolved- beautifully.
Just shows you what can happen if you’re in the wrong place at the wrong time.
 

keith

Member
Messages
624
The woman who hit me was trying to commit suicide, she had her mental health carer in the car and she said to her ' I'm going to end it all' and pulled out into the oncoming traffic and accelerated. she was doing over 60 and I was doing 40 so quite a bump.
She was arrested at the scene but the political issues around mental health are complicating things for the police who want to charge her for Dangerous driving with intent to cause injury or death but so far the CPS are not helping. Can't say more at present.

Her insurance company invoked Article 75 which means they totally disowned her and will not pay out for anything or anyone because her actions were deliberate.
Apart from a bad back and whiplash I'm OK. Could have been worse.

I'm with Zurich Private Client who have said they will cover my loss but what impact on my ongoing policy cost is yet to be seen and when they will pay out is in the laps of the gods.
My Lusso had a bent A pillar at the bottom of the door and a bent floor section so it has been written off Cat B so has to be broken up.
So bought this beauty to cheer myself up
View attachment 84338
View attachment 84339
View attachment 84340
Grigio Silverstone with Terra Bruciata (scorched earth) faragamo inspired special leather interior

Being no Ferrari expert it looks like you replaced it with the identical model colour etc, albeit a great looking car.
From what you're saying, clearly there are some very dodgy scum Insurance companies, who like so many other industries and even local council government etc will look to avoid, rip off, and generally do whatever ever they can to avoid paying or accepting responsibility. Clearly despite the unfairness of the situation, their legal department don't give a toss regarding the moral rights and wrongs of the event, but will just look for any way of saving themselves the cost by using whatever means necessary!!!
To me in some ways, their behaviour is more infuriating than the derranged woman that hit you!
 

Andyk

Member
Messages
61,038
Barrie, so glad you are Ok which is the most important thing as at the end of the day although we love these cars they are just metal. It’s you that is is more important. The new car looks stunning....Love that interior colour.
 

Andyk

Member
Messages
61,038
Article 75 should void her but still cover the innocent 3rd party wouldn’t you think?

Crazy world we live in.

Agree Matt, that is crazy. Insurance is there for a reason and they are quick enough to take your money but when it comes to paying out they look at ever loop hole not to. I bet if Barrie was in a 20 year old Vauxhall they may be paid out.
 

BJL

Member
Messages
1,364
Sincere thanks to everyone for your best wishes, life goes on......thankfully.

With regards to the lady, she was arrested at the scene under the mental health act and taken under guard to the psychiatric hospital. The police are trying to charge her with Dangerous Driving with intent and Criminal Damage due to her deliberate actions causing more than £5,000 of damage (no me neither)
When interviewed she showed no remorse and it was established it was the third time she has tried.
You’ll love this bit.
Because the CPS are concerned about the political repercussions of charging her due to her mental health the police had to release her after 28 days. She has no insurance, the DVLA will not revoke her licence until charged and found guilty so she is now able to drive again on her daughters insurance.
Keep death off the road has a hollow ring around where I live
 

Phil the Brit

Member
Messages
1,499
Sorry to hear of this and remember admiring it when we met and chatted under that pop up gazebo one wet Saturday at a meet.

Glad to hear you are OK and here to tell the tale. The car can be replaced. You cannot.

Boils my p1ss how scumbags like insurance companies try to worm out of their responsibilities at any opportunity. Then when they go bust are too big to fail and need us idiot tax payers to bail them out. Either way we always need to bend over and assume the position.

What annoys me is a poor woman who is clearly not well has not had the help and support she clearly needs. Then has felt this is the only way out and it all has been allowed to happen. So society has let her down.

I take it she is still alive and never managed to fulfill her wish? Which kind of makes it worse as now has to bear the burden of this on her conscious/mind now. That will make her better.....not!

Sad state of affairs that the last year has clearly not helped. We have all been in some dark places at times I'm sure. We just need to all be a bit nicer to each other and not so selfish.

I cannot of course condone her actions but she clearly had many issues and not thinking straight or at all.

These insurance companies are another example of the low life's of society at the bottom of my Xmas card list with a few others.

I'm guessing the don't return the insurance premium paid bearing in mind they haven't covered anything? Almost stealing is it not if they don't. Taking money under false pretences.

Who can read 800 pages of T&C's on your average insurance policy document? If I read all the T&C's for everything I would spend 24/7 reading them!


Whilst I agree with your point about insurance companies, what boils my p1ss is the selfish cow making HER problem someone elses. You want to pop your clogs b1tch, fine, just don't do it if it involves an innocent party. It's like people who throw themselves in fron of a train. Soneone has to clear up the "mess".
 

lifes2short

Member
Messages
5,821
So bought this beauty to cheer myself up
84338

any old excuse just to buy another motor ;)
 

lifes2short

Member
Messages
5,821
the DVLA will not revoke her licence until charged and found guilty so she is now able to drive again on her daughters insurance.

fook me that's just unbelievable, never heard of article 75 and does seem odd that this can be used in this instance, the policy was still in place at time of accident, bizarre. Rather like many motorists drive to one place of work and back and don't realise they are not covered for commuting even if just parking car at train station, insurance will use all sorts of excuses to wriggle out of a claim especially if a large one
 

2b1ask1

Special case
Messages
20,220
Barrie; I had a suicide attempt on me in the van last year, I avoided the idiot mostly but he took out six motors before going head first into a 20ton lorry. Thankfully that stopped him. I had nightmares for a long time afterwards and it really shook me up. Reading this is just a reminder. Talk about a whites of the eyes moment!

PM me if you want to talk it though any time.
 

safrane

Member
Messages
16,748
Truly shocking... one of the reasons why our daily is a Volvo.

Just glad to read you are not hurt.
 

RoaryRati

Member
Messages
1,582
I echo the comments - glad you're okay. And certainly the standard of driving has deteriorated drastically over the pandemic - ask Mr RoaryRati, and he will recount numerous horror stories so much so he is thinking of quitting his job (I think he witnessed three close calls just yesterday). And this article 75 certainly needs sorting.
 

Felonious Crud

Administrator
Staff member
Messages
21,013
Fuckety ar5e, Barrie, that’s grim. What a horrible situation. I’m glad you’re ok, though, and also that you have a suitable replacement.

I’m impressed at how well the FF protected you. I’d say that kind of crash protection rating should be added to the man-maths calculator. It could swing many an argument towards the right outcome.