Cousin got into accident without insurance under his name

Boozie

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Dear TS,

I am sorry to hear what you have gone through.

Like what many have shared, most Motor Insurance policies will cover unnamed drivers as well even for 3rd party liabilities and damage to property. Just that the vehicle excess to pay may be different for unnamed drivers at different age groups with different driving experience.

In situations such as this, it is very useful to have an insurance agent to give you proper advice on how to handle it. For direct channel ones such as your current insurer, you will have to take the case up to them directly.

Claims officer will stick to the policy wordings and T&Cs like a bible, but as consumers a lot of us don't read and fully understand the full details. - We get stuck. Your insurance agent will have to help you and assist you.

If you know of anyone who does Motor Insurance, you may want to consult them.

Some of things that I will do when this happens:

1) Keep video recordings and photographs, submit to police and insurance company within 24 hours - don't agree to any verbal agreements
2) Seek recourse from your insurer and from FIDReC if there is a dispute - lengthy process
3) Subrogation will take place and your insurer will settle on your behalf - lengthy process
4) Seek good legal advice if your insurer is washing their hands off this & since the other party is claiming $100k from you, on what basis? Can we ask him or her to go through an independent medical review to substantiate the $100k claim? - lengthy legal process as well

I hope I have been helpful. It is indeed unfortunate and unfair to you to be in such a pinch. If you need any other advice please PM me.
 

oinkypig

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Hi TS,
Reading your thread.
"Cousin got into accident without insurance under his name"

- I am not from DA, Other insurance company or Repair Companies

Not to hark on you not clear about the T&C,

Fact would be, your cousin if she\he is under 30 years old is not covered.
Fact would be, you were asking why DA took close to a year to inform you of the fact.

Two wrongs don't make you correct.
They can be wrong in informing you of the time period, it can\would be addressed separately. It still doesn't mean they are liable to settle the case. You can sue them for not informing you earlier, that is the fault they could have made.

The present situation is your cousin\(and somehow you) are being presented with a bill of 100K, and you do not have a clue on what to do.

The helpful inputs would be that to get legal help. Of course I hope you have done (or you do not want to do because you are hoping for some miraculous solution from here).

Some of your points perturbs me.
As far I know, for the past few year, the police no longer accepts traffic accident report unless there is injury involved.
They tell you to go to the insurance companies, make the report and let the claims handle it.
So I don't understand how did your cousin manage to file a police report unless there was injury involved?

In trying to help, some have suggested posting a detailed list of the claims made from the other party. We could be helping in assessing whether it is reasonable.
I also see your input that the damage on the other vehicle was light and you had photos to prove it.

"One man's view can be the opposite of another"

I have seen claims that damage was considered light to the person affected, but the repair centers later proved otherwise.

You could edit out the plate numbers, personal details and post those facts for preserving your privacy.

Till now, I have not seen much of your evidence, so best advice is for you to go find legal aid, the longer you delay that decision, the worst the outcome would be later.

Best wishes on your case.
 

Tofuuuuuuck

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So if private settlement, best is to get signature from both parties to discharge the one at fault from any responsibilities? Or if there is a proof of private settlement (bank statement), the one at fault will be discharge from responsibilities automatically?

If not, anyone can private settle and claim any injuries and damage.
 

acetylcholine

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In my humble opinion, you should find a lawyer ASAP. If your insurance company does not want to cover you due to the policy wording, you never know (for now) if their interpretation is correct. The FIDReC procedure will take some time and for the time being, you need somebody to represent you against the claimant.

The court process against you or your cousin will not stop just because you are having a dispute with your insurance company. Talk to a lawyer before further damage is done. Bring ALL the evidence that you have (e.g., photos, agreements, bank account statements, ATM receipts) and ask your cousin to accompany you when you visit your lawyer. Also remember to bring ALL documents that have been delivered to or served on you (by the claimant).
 

iMac

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so moral of story is: do NOT get your insurance from Direct Asia?

But...Direct Asia can save alot of money for shopping and baby items...

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