Admiral Insurance Drink and Drugs policy

[slc93x]

Hi all, so my insurance have told me the guy who I was involved in a crash with has put in a claim against me (I’m guessing for damages for his car). He is denying liability and saying the accident was my fault. They’ve said they are sending me out a claims form for me to sign. I’m so worried now. Because I was arrested at the scene as soon as they get the police report they will see this and see I blew over and say the accident was my fault even though I wasn’t charged. Do insurance companies kick you off their insurance completely for this? Or will they ask me to pay for all the amount that is owed for his car and mine?

I haven’t been sleeping I’m so worried as I have a curtesy car Motability scheme at the moment and if they kick me off the scheme for this my disabled brother has no one else in the family who can drive him around.

 

[Depressed Dad]

I'm not surprised they're denying liability. It's typical where some doubt can be introduced.

If you have photos and witnesses to help your case then make sure your insurance have all the details. Independent witnesses are a big plus rather than your word against his.

It might end up as a 50/50 if it's not conclusive. I can see no reason why they wouldn't provide cover.

As I've said the Motability scheme and insurance documentation (you've provided links to) says it requires a conviction, not 'over the prescribed limit'

Therefore the worst case should be a claim made on your insurance.

Unless I've misinterpreted anything you shouldn't have too much to worry about other than increased premium.

 

[slc93x]

I'm not surprised they're denying liability. It's typical where some doubt can be introduced.

If you have photos and witnesses to help your case then make sure your insurance have all the details. Independent witnesses are a big plus rather than your word against his.

It might end up as a 50/50 if it's not conclusive. I can see no reason why they wouldn't provide cover.

As I've said the Motability scheme and insurance documentation (you've provided links to) says it requires a conviction, not 'over the prescribed limit'

Therefore the worst case should be a claim made on your insurance.

Unless I've misinterpreted anything you shouldn't have too much to worry about other than increased premium.

Yes, I knew he wouldn’t take liability. I’m just wondering though can his insurance claim I am fully liable due to the blowing over at the roadside.

I am yet to tell my insurance about the arrest, I seen no need as there’s no conviction or charges. I’m guessing they will be asking for the police report now though as neither of us are accepting the blame.

what are the chances this case goes to court do you think?

 

[GGG]

Hiya pal
You need to stop overthinking everything. Nothing is going to court, for what!.
No charges from the police, this is a civil case of you against them. You mentioned witnesses, find them and get statements, if your story is correct, the other party don't have a leg to stand on.
You should have already been making a claim against their insurance as it was their fault in your discription of incident.
Keep calm and follow the procedure, get court out of your head.

 

[GGG]

Make sure you are making a counter claim.

 

[Depressed Dad]

Yes, I knew he wouldn’t take liability. I’m just wondering though can his insurance claim I am fully liable due to the blowing over at the roadside.

I am yet to tell my insurance about the arrest, I seen no need as there’s no conviction or charges. I’m guessing they will be asking for the police report now though as neither of us are accepting the blame.

what are the chances this case goes to court do you think?

Why would it go to court? This should be sorted out between the insurance companies.

Drink driving doesn't automatically make it you fault but they'll work this out on the balance of probability and you being over the limit could well make them lean towards it being your fault. However, with evidence to prove it's the other guys fault the arrest should really make no difference.

If he pulled out and you rear ended him it could be your fault.

If he pulled out and you hit the side of his car, or front wing it'll look like he's at fault.

@GGG has given you good advice. As he says, get your evidence together and prove it was their fault.

Whoever's fault there is no reason for this to be treated as anything but a typical RTC. No court, no one needing to pay out of their own pocket (other than an excess perhaps).

 

[slc93x]

thanks both. I’m a 29 year old female, never been in a crash or trouble with police so I’m literally overthinking every single possibility that could happen to me lol.

The insurance did mention they would decide between themselves if it needed to go to court, so that got me worrying. To be honest my worst worry is the Motability and insurance terminating my contract if I’m found liable.

The witness I had, I went to the shop the day after and they said he was only temporary staff and it was his final day that evening and they don’t have a number for him.. strange but I said ok. So no witness now.

 

[slc93x]

Another member just sent me this response, I honestly don’t know what to think.
-

Nothing would surprise me. The fact is, despite you being released after the Camic intoximeter test at the station, you were still over the limit. The legal limit is 35 micrograms of alcohol per 100 ml of breath. You will only be charged if the result is 40+. RSA will become aware of this fact, and I believe will try to recoup costs they have paid (without your consent). Just because you weren’t convicted doesn’t nullify the fact you were over the drink drive limit

 

[Depressed Dad]

Another member just sent me this response, I honestly don’t know what to think.
-

Nothing would surprise me. The fact is, despite you being released after the Camic intoximeter test at the station, you were still over the limit. The legal limit is 35 micrograms of alcohol per 100 ml of breath. You will only be charged if the result is 40+. RSA will become aware of this fact, and I believe will try to recoup costs they have paid (without your consent). Just because you weren’t convicted doesn’t nullify the fact you were over the drink drive limit

What they've said is correct but your policy does not have an exclusion clause due to being over the prescribed limit, it's based on a conviction.
I thought I had explained this.

The lack of witnesses is a blow.

If photos exist they will help tell the story as will the damage to the vehicles and maybe the police report.

I think I've covered everything so nothing more to add. Let us know what the insurance companies decide.

 

[slc93x]

Hi all again, sorry to come back on here. I have spoken to 101 with regards to details of my arrest.

I now know since they wasn’t charging me drink driving they kept me there for so long as they were trying to convict me for “dangerous driving” (( but let me go due to lack of evidence so no charge.

What are the chances they will later charge me with this? I can’t believe it.

The accident was at a speed of no more than 20mph with a car trying to come out of a parking place on the left.

 

[Rob988]

Hi all again, sorry to come back on here. I have spoken to 101 with regards to details of my arrest.

I now know since they wasn’t charging me drink driving they kept me there for so long as they were trying to convict me for “dangerous driving” (( but let me go due to lack of evidence so no charge.

What are the chances they will later charge me with this? I can’t believe it.

The accident was at a speed of no more than 20mph with a car trying to come out of a parking place on the left.

I would suggest that, by the sounds of what’s happened anyway, none of the points to prove associated with dangerous driving pertain to your manner of driving when the accident occurred (driving with excessive speed, complete disregard for roads signage, driving whilst dangerously distracted, driving aggressively etc etc).

Whilst driving under the influence is considered grounds for a dangerous driving charge in certain circumstances, you blew under when giving your evidential sample.

The fact that it was a low speed collision where fault is yet to even be assessed would also support that, so the very worst I’d expect by way of punitive repercussion would be a careless driving charge which would more than likely carry only points and a fine.

 

[slc93x]

I would suggest that, by the sounds of what’s happened anyway, none of the points to prove associated with dangerous driving pertain to your manner of driving when the accident occurred (driving with excessive speed, complete disregard for roads signage, driving whilst dangerously distracted, driving aggressively etc etc).

Whilst driving under the influence is considered grounds for a dangerous driving charge in certain circumstances, you blew under when giving your evidential sample.

The fact that it was a low speed collision where fault is yet to even be assessed would also support that, so the very worst I’d expect by way of punitive repercussion would be a careless driving charge which would more than likely carry only points and a fine.

I would suggest that, by the sounds of what’s happened anyway, none of the points to prove associated with dangerous driving pertain to your manner of driving when the accident occurred (driving with excessive speed, complete disregard for roads signage, driving whilst dangerously distracted, driving aggressively etc etc).

Whilst driving under the influence is considered grounds for a dangerous driving charge in certain circumstances, you blew under when giving your evidential sample.

The fact that it was a low speed collision where fault is yet to even be assessed would also support that, so the very worst I’d expect by way of punitive repercussion would be a careless driving charge which would more than likely carry only points and a fine.

Thankyou.

I’m just so worried. I blew 38 at the station, the station was a 25 minute drive from the accident.
Can the other driver contact police if he wishes and ask them to charge me?
Every bad possibility has been running through my head since the accident and when they let me go last Friday.

I’m struggling not knowing if they will change their mind at some point and charge me with a driving offence

I’m not sleeping or eating worrying about receiving a letter in the post I’m a new qualified nurse and live a long drive away from the hospital and my sons school. it would ruin my career/life

 

[Sundog]

One person’s woe really is another’s paradise. I’d have killed to be in your situation 5 years back.

You blew under, can’t be charged with DUI as a result, the DD charge they’ve ruled out.

I don’t know how to say this without sounding condescending, but you really need to chill out over this.

They aren’t going to change their minds. And why would the police listen to him? Do you really think they’ll let members of the public dictate what they decide?

In the grand scheme of things this is just a non-event to them. You’re hardly a master criminal.

It’ll all be fine!

Now focus on fighting the idiot clinging to whatever he can to get out of the damage he caused. Because that’s all this is now, his word against yours, and the worst I can possibly see happening here is knock-for-knock on your insurance (50/50). Which from the evidence shouldn’t happen if you describe the accident correctly. Even draw pictures if you must (it helps).

You won’t lose your license, job, or career. Stop worrying.

 

[TCB1989]

One person’s woe really is another’s paradise. I’d have killed to be in your situation 5 years back.

You blew under, can’t be charged with DUI as a result, the DD charge they’ve ruled out.

I don’t know how to say this without sounding condescending, but you really need to chill out over this.

They aren’t going to change their minds. And why would the police listen to him? Do you really think they’ll let members of the public dictate what they decide?

In the grand scheme of things this is just a non-event to them. You’re hardly a master criminal.

It’ll all be fine!

Now focus on fighting the idiot clinging to whatever he can to get out of the damage he caused. Because that’s all this is now, his word against yours, and the worst I can possibly see happening here is knock-for-knock on your insurance (50/50). Which from the evidence shouldn’t happen if you describe the accident correctly. Even draw pictures if you must (it helps).

You won’t lose your license, job, or career. Stop worrying.

Have to agree with this strongly. Multiple posts, multiple times and different threads. After being told repeatedly ditto on the I wish I was on your situation I’m definitely feeling that sundog!!!

 

[Sundog]

Have to agree with this strongly. Multiple posts, multiple times and different threads. After being told repeatedly ditto on the I wish I was on your situation I’m definitely feeling that sundog!!!

Even better still, argue the toss correctly and the other party gets a nice bogus PI claim against their own policy. Which would be very sweet indeed, because if there is one thing that really makes my shit itch it is people who fraudulently claim off insurance for whiplash etc. The irony being that half of these people are too blinkered to rotate their necks anyway; this fella certainly didn’t. The other half often don’t even have a neck (it’s been lost to takeaways years ago).

 

[TCB1989]

Even better still, argue the toss correctly and the other party gets a nice bogus PI claim against their own policy. Which would be very sweet indeed, because if there is one thing that really makes my shit itch it is people who fraudulently claim off insurance for whiplash etc. The irony being that half of these people are too blinkered to rotate their necks anyway; this fella certainly didn’t. The other half often don’t even have a neck (it’s been lost to takeaways years ago).

Reading back through all posts the person pulled out onto a main road into slc93x as well as stating there were witnesses to the accident stating this on previous posts.

Everything is pointing towards a very very lucky escape but the mind can play tricks and make people panic in these scenarios as we know!

 

[Sundog]

Reading back through all posts the person pulled out onto a main road into slc93x as well as stating there were witnesses to the accident stating this on previous posts.

Everything is pointing towards a very very lucky escape but the mind can play tricks and make people panic in these scenarios as we know!

It’s true. We all fear the worst and the OP truly does have my sympathy. But after all that’s what this place is here to help with.

 

[Depressed Dad]

Thankyou.

I’m just so worried. I blew 38 at the station, the station was a 25 minute drive from the accident.
Can the other driver contact police if he wishes and ask them to charge me?
Every bad possibility has been running through my head since the accident and when they let me go last Friday.

I’m struggling not knowing if they will change their mind at some point and charge me with a driving offence

I’m not sleeping or eating worrying about receiving a letter in the post I’m a new qualified nurse and live a long drive away from the hospital and my sons school. it would ruin my career/life

I can understand that you are finding this very stressful but you have put several posts in different threads on this site asking the same questions.

I haven't read them all but the general theme confirms NFA by the Police and it needs a conviction to affect your Motability contract and Insurance.

It was suggested you raise your concerns with @Martin Hammond to get some legal advice. He can explain the law and legal process. Maybe that will allay your fears and reduce the stress. Look for 'free legal advice' from the site's homepage.

You need to let the insurance companies sort out the claim and who is at fault. Make sure your insurance has your side of events. On the face of it it sounds like the other driver pulled out in front of you which should be easily provable with photos and statements.

However, that doesn't explain the dangerous driving investigation so I'm not sure we have all the facts.

Even if you are at fault your insurer will pay up and that should be the end of it.

 

[Depressed Dad]

Looks like others beat me to say the same thing. I take far too long writing my posts!

 

[slc93x]

Thanks again. I understand to you all this must seem like nothing and silly me asking the same questions over and over but that’s how much this is getting to me and making me worry.

My worst fear is receiving a charge letter in the post after I was told there would be no charges- I read someone on here state it happened to them. I don’t know what id do if it happened to me.

The dangerous driving was only mentioned when the police realised they wasn’t charging me with DD. I said I’m free to go now aren’t I to which his response was well because you was in a crash we need to look and see if it was due to dangerous driving. I’m guessing they just wanted to charge me with anything they could seem it wasn’t going to be DD. Then 10am someone came and said due to lack of evidence you’re free to go, no charges.

I’m sorry to go on so much, I will wait now and see what my insurance ends up doing and pray I don’t hear anything from the police

Thanks again, I’ll post the outcome.

Thanks all