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Advice on Insurance Liability

#1
Hello- This is my first post

I am new to this forum. I am hoping anyone can help me with some general advice/thoughts as I am driving myself mad with worry.

I was driving and another driver claimed i had touched his car. In brief I am accused of a failure to stop at the scene of an accident while there wasn't any contact or damage to my car. The other person is trying to exploit the situation. He called police while i was parked up on the another road and waiting for my fried to arrive. Police did a breath test which i failed and charged with Failing to provide specimen at the station and failed to stop at the scene of an accident, driving while unfit through drink. CPS withdrawn Driving while unfit in lieu of a guilty plea. I was subsequently disqualified for 19 months.

The other person have claimed against my insurance for personal injury, I had fully comp insurance with Tescos, they have told me that they will cover the third party costs. The last conversation I had with them that since the outcome of the court it is with their underwriters. They are saying since i was reversing on the road i am liable for the accidnet and it will be a fault claim on me. And also i have no indemnity since i was driving under the influence i have to bear the costs which they earmark as around £6000.
My question is does anyone know or have experience of how likely it is Tesco try to recover the costs? (which i imagine are substantial) and how they do this?

Tesco have sent an engineer to look at my car and they couldn't find any damage. Tesco says the other driver is claiming i have pushed him to the bollards.

I'm worried absolutely sick and would be grateful for any thoughts.


Many thanks,

Sam
 
#2
Unfortunately, it is not uncommon for insurers to refuse to indemnify you where you have been involved in an incident where drink or drugs have been involved. It tends to be a standard term in any insurance policy. With respect to Tesco claiming for any costs and the extent of those costs, you would need to seek advice from a civil defendant RTA solicitors. Whilst this is an issue that has arisen following a related criminal matter, the matter has escalated into a separate area of specialism. I can advise that the presence of alcohol and the conviction for failing to provide a specimen does not preclude you from potentially defending the civil claim advanced. I would advise seeking specialist advice from a civil defendant RTA lawyer who should be able to answer your questions on this occasion.
 
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