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Title: Disagreement difficulty with third party driver

Date: 21 December 2011

Question

I was riding my Suzuki SV100 along London Road in Bath when a guy in a Micra pulled out of a side road into my path. I took evasive action but ending up coming off and colliding with a parked car breaking my collar bone and damaging my bike and kit. The other driver gave the police his insurance details. However it was not his car. He said his own insurance policy allowed him to drive the car but the car owner’s insurer is saying he was not covered to drive it but his own insurer is saying he was. Who should be paying up for my injuries and kit?

Darren Pool, by e-mail

Answer

There are some insurance policies that allow a person to drive other vehicles with the owner’s permission, usually on a third party basis. I don’t know in your case if the owner of the Micra had given permission for your opponent to drive his car. However, your best bet (as your opponent’s insurer is saying he was insured to drive the car) is to pursue that insurer. You can either issue court proceedings against the driver or his insurer, rather than the insurer of the Micra. Even if it transpires that in fact no permission was given for him to drive the Micra it is your opponent’s insurer who is the relevant insurer for the purposes of legal proceedings. I would suggest you get your solicitor to write to your opponent’s insurer and point this out and it may be they will agree indemnity and liability and court proceedings will not be necessary.

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