• Car vs Grade II listed building - Insurance claim?

    From Martin Brown@'''newspam'''@nonad.co.uk to uk.legal.moderated on Mon Feb 16 11:57:21 2026
    From Newsgroup: uk.legal.moderated

    In the snow on Friday night I found an interesting collision on the way
    into our village. An Audi had left the road and hit the Grade II* listed gatehouse. The car went straight on but the road turned right by about
    30 degrees. From the damage caused I'd say they were doing 60+mph.
    Conditions were not great at the time but at any reasonable speed the
    road was perfectly driveable if a little slick.

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    The stone walls made in 3'x 1' x 1' blocks is a very special local stone
    from a quarry that closed more than a century ago. The build style is
    high end Arts & Crafts with very thin mortar joints. Several blocks are smashed and mortar joints broken. Unclear to me how it can be mended.

    It is quite likely that the car was TWOC'd. Usually they go through
    hedges on the later tighter bends - this was the first challenging bend
    of a series of increasingly difficult ones. AFAIK no-one has ever lost
    it there before. At the next one we get a crash every few years into
    someone's garden (often they take the mains supply pole out too).
    --
    Martin Brown

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  • From Serena Blanchflower@nospam@blanchflower.me.uk to uk.legal.moderated on Mon Feb 16 12:13:56 2026
    From Newsgroup: uk.legal.moderated

    On 16/02/2026 11:57, Martin Brown wrote:
    In the snow on Friday night I found an interesting collision on the way
    into our village. An Audi had left the road and hit the Grade II* listed gatehouse. The car went straight on but the road turned right by about
    30 degrees. From the damage caused I'd say they were doing 60+mph. Conditions were not great at the time but at any reasonable speed the
    road was perfectly driveable if a little slick.

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    The stone walls made in 3'x 1' x 1' blocks is a very special local stone from a quarry that closed more than a century ago. The build style is
    high end Arts & Crafts with very thin mortar joints. Several blocks are smashed and mortar joints broken. Unclear to me how it can be mended.

    It is quite likely that the car was TWOC'd. Usually they go through
    hedges on the later tighter bends - this was the first challenging bend
    of a series of increasingly difficult ones. AFAIK no-one has ever lost
    it there before. At the next one we get a crash every few years into someone's garden (often they take the mains supply pole out too).



    A friend of mine had a similar situation, although her house wasn't
    listed, when a school bus skidded and came through her front door. She claimed on her house insurance, who paid for all the necessary repairs
    and I have little doubt that they, in turn, will have claimed from the
    bus company's insurance.

    Apart from anything else, doing it that way meant that she had a claim assessor at her house, organising the immediate work needed to make it
    safe, within hours of the accident. I don't know how long it would have taken, if she'd had to wait till the bus company's insurance accepted liability.
    --
    Best wishes, Serena
    I make more mistakes than anyone else I know. And, sooner or later, I
    patent most of them. (Thomas Edison)


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  • From Jethro@jethro_UK@hotmailbin.com to uk.legal.moderated on Mon Feb 16 15:16:30 2026
    From Newsgroup: uk.legal.moderated

    On Mon, 16 Feb 2026 11:57:21 +0000, Martin Brown wrote:

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    That is what *re* insurance is for.

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  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Mon Feb 16 15:32:18 2026
    From Newsgroup: uk.legal.moderated

    On 16/02/2026 11:57 am, Martin Brown wrote:

    In the snow on Friday night I found an interesting collision on the way
    into our village. An Audi had left the road and hit the Grade II* listed gatehouse. The car went straight on but the road turned right by about
    30 degrees. From the damage caused I'd say they were doing 60+mph. Conditions were not great at the time but at any reasonable speed the
    road was perfectly driveable if a little slick.

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    Assuming the driver was insured at all - yes.

    The stone walls made in 3'x 1' x 1' blocks is a very special local stone from a quarry that closed more than a century ago. The build style is
    high end Arts & Crafts with very thin mortar joints. Several blocks are smashed and mortar joints broken. Unclear to me how it can be mended.

    It is quite likely that the car was TWOC'd. Usually they go through
    hedges on the later tighter bends - this was the first challenging bend
    of a series of increasingly difficult ones. AFAIK no-one has ever lost
    it there before. At the next one we get a crash every few years into someone's garden (often they take the mains supply pole out too).

    Obviously, if the vehicle had been TWOCd, the criminal driving was
    uninsured. The insurance policy of the vehicle's lawful keeper / owner / driver will not (and should not) cover third party liabilities of the
    criminal behind the wheel. It will, if a comprehensive policy, cover the repair or replacement of the insured vehicle.

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  • From The Todal@the_todal@icloud.com to uk.legal.moderated on Mon Feb 16 17:51:48 2026
    From Newsgroup: uk.legal.moderated

    On 16/02/2026 11:57, Martin Brown wrote:
    In the snow on Friday night I found an interesting collision on the way
    into our village. An Audi had left the road and hit the Grade II* listed gatehouse. The car went straight on but the road turned right by about
    30 degrees. From the damage caused I'd say they were doing 60+mph. Conditions were not great at the time but at any reasonable speed the
    road was perfectly driveable if a little slick.

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    The stone walls made in 3'x 1' x 1' blocks is a very special local stone from a quarry that closed more than a century ago. The build style is
    high end Arts & Crafts with very thin mortar joints. Several blocks are smashed and mortar joints broken. Unclear to me how it can be mended.

    It is quite likely that the car was TWOC'd. Usually they go through
    hedges on the later tighter bends - this was the first challenging bend
    of a series of increasingly difficult ones. AFAIK no-one has ever lost
    it there before. At the next one we get a crash every few years into someone's garden (often they take the mains supply pole out too).


    There would presumably be a claim against the householder's buildings
    insurers who would in turn seek to recover their outlay from the
    insurers of the car driver.

    The householder could if he prefers claim against the insurers of the
    car driver and not bother his own insurers.

    But the bad news is that whichever insurers end up paying out, they will
    not be concerned with restoring an old house to the condition it was in
    prior to the collision. Their liability is to reimburse the owner for
    the value of the house, ie the market value at the time of the
    collision, maybe by reference to what it could have sold for on the
    market. It might then be that the ruined building would either be
    demolished or would be purchased by someone who gets a discount to
    reflect the need for repairs.

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  • From The Todal@the_todal@icloud.com to uk.legal.moderated on Mon Feb 16 18:03:38 2026
    From Newsgroup: uk.legal.moderated

    On 16/02/2026 15:32, JNugent wrote:
    On 16/02/2026 11:57 am, Martin Brown wrote:

    In the snow on Friday night I found an interesting collision on the
    way into our village. An Audi had left the road and hit the Grade II*
    listed gatehouse. The car went straight on but the road turned right
    by about 30 degrees. From the damage caused I'd say they were doing
    60+mph. Conditions were not great at the time but at any reasonable
    speed the road was perfectly driveable if a little slick.

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    Assuming the driver was insured at all - yes.

    The stone walls made in 3'x 1' x 1' blocks is a very special local
    stone from a quarry that closed more than a century ago. The build
    style is high end Arts & Crafts with very thin mortar joints. Several
    blocks are smashed and mortar joints broken. Unclear to me how it can
    be mended.

    It is quite likely that the car was TWOC'd. Usually they go through
    hedges on the later tighter bends - this was the first challenging
    bend of a series of increasingly difficult ones. AFAIK no-one has ever
    lost it there before. At the next one we get a crash every few years
    into someone's garden (often they take the mains supply pole out too).

    Obviously, if the vehicle had been TWOCd, the criminal driving was uninsured. The insurance policy of the vehicle's lawful keeper / owner / driver will not (and should not) cover third party liabilities of the criminal behind the wheel. It will, if a comprehensive policy, cover the repair or replacement of the insured vehicle.


    In fact, the insurance policy of the vehicle's lawful keeper normally
    would cover third party liabilities even if the driver had taken the
    vehicle without consent. It's in section 151 of the Road Traffic Act.

    https://www.legislation.gov.uk/ukpga/1988/52/section/151

    If no policy had been issued for the vehicle, the Motor Insurers Bureau
    would have to compensate third parties.

    https://www.mib.org.uk/downloadable-content/


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  • From GB@NOTsomeone@microsoft.invalid to uk.legal.moderated on Mon Feb 16 18:29:06 2026
    From Newsgroup: uk.legal.moderated

    On 16/02/2026 17:51, The Todal wrote:
    On 16/02/2026 11:57, Martin Brown wrote:
    In the snow on Friday night I found an interesting collision on the
    way into our village. An Audi had left the road and hit the Grade II*
    listed gatehouse. The car went straight on but the road turned right
    by about 30 degrees. From the damage caused I'd say they were doing
    60+mph. Conditions were not great at the time but at any reasonable
    speed the road was perfectly driveable if a little slick.

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    The stone walls made in 3'x 1' x 1' blocks is a very special local
    stone from a quarry that closed more than a century ago. The build
    style is high end Arts & Crafts with very thin mortar joints. Several
    blocks are smashed and mortar joints broken. Unclear to me how it can
    be mended.

    It is quite likely that the car was TWOC'd. Usually they go through
    hedges on the later tighter bends - this was the first challenging
    bend of a series of increasingly difficult ones. AFAIK no-one has ever
    lost it there before. At the next one we get a crash every few years
    into someone's garden (often they take the mains supply pole out too).


    There would presumably be a claim against the householder's buildings insurers who would in turn seek to recover their outlay from the
    insurers of the car driver.

    I don't think you can safely assume that your home insurance covers
    collision damage. You'd have to check the policy, as some companies
    don't automatically cover it.

    The householder could if he prefers claim against the insurers of the
    car driver and not bother his own insurers.

    But the bad news is that whichever insurers end up paying out, they will
    not be concerned with restoring an old house to the condition it was in prior to the collision. Their liability is to reimburse the owner for
    the value of the house, ie the market value at the time of the
    collision, maybe by reference to what it could have sold for on the
    market. It might then be that the ruined building would either be
    demolished or would be purchased by someone who gets a discount to
    reflect the need for repairs.


    There's normally a requirement to indemnify the householder, up to the
    limit of cover. If, because it's a listed property, the householder is
    obliged to repair it, I don't see how the insurers can avoid that cost?
    I accept that it will depend on the policy wording.



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  • From The Todal@the_todal@icloud.com to uk.legal.moderated on Mon Feb 16 21:58:25 2026
    From Newsgroup: uk.legal.moderated

    On 16/02/2026 18:29, GB wrote:
    On 16/02/2026 17:51, The Todal wrote:
    On 16/02/2026 11:57, Martin Brown wrote:
    In the snow on Friday night I found an interesting collision on the
    way into our village. An Audi had left the road and hit the Grade II*
    listed gatehouse. The car went straight on but the road turned right
    by about 30 degrees. From the damage caused I'd say they were doing
    60+mph. Conditions were not great at the time but at any reasonable
    speed the road was perfectly driveable if a little slick.

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    The stone walls made in 3'x 1' x 1' blocks is a very special local
    stone from a quarry that closed more than a century ago. The build
    style is high end Arts & Crafts with very thin mortar joints. Several
    blocks are smashed and mortar joints broken. Unclear to me how it can
    be mended.

    It is quite likely that the car was TWOC'd. Usually they go through
    hedges on the later tighter bends - this was the first challenging
    bend of a series of increasingly difficult ones. AFAIK no-one has
    ever lost it there before. At the next one we get a crash every few
    years into someone's garden (often they take the mains supply pole
    out too).


    There would presumably be a claim against the householder's buildings
    insurers who would in turn seek to recover their outlay from the
    insurers of the car driver.

    I don't think you can safely assume that your home insurance covers collision damage. You'd have to check the policy, as some companies
    don't automatically cover it.

    A random example from a LV buildings insurance policy under "what is
    covered".

    7. Impact by any animal, falling tree or
    branch, road vehicle, train, aircraft,
    or other flying objects (including
    items dropped from them).



    The householder could if he prefers claim against the insurers of the
    car driver and not bother his own insurers.

    But the bad news is that whichever insurers end up paying out, they
    will not be concerned with restoring an old house to the condition it
    was in prior to the collision. Their liability is to reimburse the
    owner for the value of the house, ie the market value at the time of
    the collision, maybe by reference to what it could have sold for on
    the market. It might then be that the ruined building would either be
    demolished or would be purchased by someone who gets a discount to
    reflect the need for repairs.


    There's normally a requirement to indemnify the householder, up to the
    limit of cover. If, because it's a listed property, the householder is obliged to repair it, I don't see how the insurers can avoid that cost?
    I accept that it will depend on the policy wording.


    It would probably be necessary for the policyholder to specify a sum
    insured that covers full reinstatement and to choose a special, more
    expensive listed building policy.

    I think it is probably true to say that the owner remains legally
    obliged to repair the listed building even if the insurance payment does
    not cover the cost in full.

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  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Mon Feb 16 21:00:17 2026
    From Newsgroup: uk.legal.moderated

    On 16/02/2026 06:03 pm, The Todal wrote:
    On 16/02/2026 15:32, JNugent wrote:
    On 16/02/2026 11:57 am, Martin Brown wrote:

    In the snow on Friday night I found an interesting collision on the
    way into our village. An Audi had left the road and hit the Grade II*
    listed gatehouse. The car went straight on but the road turned right
    by about 30 degrees. From the damage caused I'd say they were doing
    60+mph. Conditions were not great at the time but at any reasonable
    speed the road was perfectly driveable if a little slick.

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    Assuming the driver was insured at all - yes.

    The stone walls made in 3'x 1' x 1' blocks is a very special local
    stone from a quarry that closed more than a century ago. The build
    style is high end Arts & Crafts with very thin mortar joints. Several
    blocks are smashed and mortar joints broken. Unclear to me how it can
    be mended.

    It is quite likely that the car was TWOC'd. Usually they go through
    hedges on the later tighter bends - this was the first challenging
    bend of a series of increasingly difficult ones. AFAIK no-one has
    ever lost it there before. At the next one we get a crash every few
    years into someone's garden (often they take the mains supply pole
    out too).

    Obviously, if the vehicle had been TWOCd, the criminal driving was
    uninsured. The insurance policy of the vehicle's lawful keeper /
    owner / driver will not (and should not) cover third party liabilities
    of the criminal behind the wheel. It will, if a comprehensive policy,
    cover the repair or replacement of the insured vehicle.


    In fact, the insurance policy of the vehicle's lawful keeper normally
    would cover third party liabilities even if the driver had taken the
    vehicle without consent. It's in section 151 of the Road Traffic Act.

    https://www.legislation.gov.uk/ukpga/1988/52/section/151

    Thank you.

    Having read that Section (thanks for the link), it is not jumping off
    the page at me that the law forces insurers to meet the liabilities of *uninsured* persons.

    The whole Section, verbatim:

    QUOTE:
    151 Duty of insurers ... to satisfy judgment against persons *insured*
    ... . [my emphasis]

    (1) This section applies where, after [a policy [F4is issued] for the
    purposes of this Part of this Act,] a judgment to which this subsection applies is obtained.

    (2) Subsection (1) above applies to judgments relating to a liability
    with respect to any matter where liability with respect to that matter
    is required to be covered by a policy of insurance under section 145 of
    this Act and either rCo

    (a) it is a liability covered by the terms of the policy F5... F6... ,
    and the judgment is obtained against any person who *is insured* by the
    policy F7... , [my emphasis again] or

    (b) it is a liability, other than an excluded liability, which would be
    so covered if the policy insured all persons F8... and the judgment is obtained against any person other than one who is insured by the policy
    F9... .

    (3) In deciding for the purposes of subsection (2) above whether a
    liability is or would be covered by the terms of a policy F10... , so
    much of the policy F10... as purports to restrict F11... the insurance
    of the persons insured by the policy F12... by reference to the holding
    by the driver of the vehicle of a licence authorising him to drive it
    shall be treated as of no effect.

    (4) In subsection (2)(b) above rCLexcluded liabilityrCY means a liability in respect of the death of, or bodily injury to, or damage to the property
    of any person who, at the time of the use which gave rise to the
    liability, was allowing himself to be carried in or upon the vehicle and
    knew or had reason to believe that the vehicle had been stolen or
    unlawfully taken, not being a person who rCo

    (a) did not know and had no reason to believe that the vehicle had been
    stolen or unlawfully taken until after the commencement of his journey, and

    (b) could not reasonably have been expected to have alighted from the
    vehicle.

    In this subsection the reference to a person being carried in or upon a vehicle includes a reference to a person entering or getting on to, or alighting from, the vehicle.

    (5) Notwithstanding that the insurer may be entitled to avoid or cancel,
    or may have avoided or cancelled, the policy F13... , he must, subject
    to the provisions of this section, pay to the persons entitled to the
    benefit of the judgmentrCo

    (a) as regards liability in respect of death or bodily injury, any sum
    payable under the judgment in respect of the liability, together with
    any sum which, by virtue of any enactment relating to interest on
    judgments, is payable in respect of interest on that sum,

    (b) as regards liability in respect of damage to property, any sum
    required to be paid under subsection (6) below, and

    (c) any amount payable in respect of costs.

    (6) This subsection requiresrCo

    (a) where the total of any amounts paid, payable or likely to be payable
    under the policy F14... in respect of damage to property caused by, or
    arising out of, the accident in question does not exceed
    [F15-u1,200,000], the payment of any sum payable under the judgment in
    respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of
    interest on that sum,

    (b) where that total exceeds [F15-u1,200,000], the payment of eithe rrCo

    (i) such proportion of any sum payable under the judgment in respect of
    the liability as [F15-u1,200,000] bears to that total, together with the
    same proportion of any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum, or

    (ii)the difference between the total of any amounts already paid under
    the policy F14... in respect of such damage and [F15-u1,200,000],
    together with such proportion of any sum which, by virtue of any
    enactment relating to interest on judgments, is payable in respect of
    interest on any sum payable under the judgment in respect of the
    liability as the difference bears to that sum, whichever is the less,
    unless not less than [F15-u1,200,000] has already been paid under the
    policy F14... in respect of such damage (in which case nothing is payable).

    (7)Where an insurer becomes liable under this section to pay an amount
    in respect of a liability of a person who *is insured* by a policy
    F16... , he is entitled to recover from that personrCo

    (a) that amount, in a case where he became liable to pay it by virtue
    only of subsection (3) above, or

    (b) in a case where that amount exceeds the amount for which he would,
    apart from the provisions of this section, be liable under the policy
    F17... in respect of that liability, the excess.

    (8) Where an insurer becomes liable under this section to pay an amount
    in respect of a liability of a person who is not insured by a policy
    F18... , he is entitled to recover the amount from that person or from
    any person whorCo

    (a) is insured by the policy F19... by the terms of which the liability
    would be covered if the policy insured all persons F20... , and

    (b) caused or permitted the use of the vehicle which gave rise to the liability.

    (9) In this sectionrCo

    F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (c)
    rCLterm-liability-covered-by-the-terms-of-the-policy-or-securityliability covered by the terms of the policy F23...rCY means a liability which is covered by the policy F23... or which would be so covered but for the
    fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy F23... .

    (10) In the application of this section to Scotland, the words rCLby
    virtue of any enactment relating to interest on judgmentsrCY in
    subsections (5) and (6) (in each place where they appear) shall be omitted. ENDQUOTE

    A bit of a word salad, I think you'll agree.

    I'd be grateful if you could point out the parts which refer to the liabilities of a person who is *not* covered by an insurance policy
    which happens to exist in respect of a TWOCd vehicle which he (the
    uninsured and uncovered person) has taken the vehicle without the
    consent of the owner / keeper of that vehicle.

    Please note: I am *not* arguing that S 151 does not apply to a driver
    driving the vehicle within the terms of a driving licence, with the
    owner's consent including his own where relevant) and in accordance with
    the terms of the relevant motor insurance policy.

    If no policy had been issued for the vehicle, the Motor Insurers Bureau would have to compensate third parties.

    https://www.mib.org.uk/downloadable-content/

    I tried that once, when my vehicle was badly damaged in a collision with
    a vehicle driven by an uninsured, unlicensed driver who was disqualified
    from driving and was driving whilst over the breathalyser limit. My
    insurer managed to get me precisely -u0. Luckily, I was not injured in
    the "accident".

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  • From billy bookcase@billy@anon.com to uk.legal.moderated on Mon Feb 16 21:29:59 2026
    From Newsgroup: uk.legal.moderated


    "JNugent" <JNugent73@mail.com> wrote in message news:mvgrk2Feaq0U1@mid.individual.net...

    Obviously, if the vehicle had been TWOCd, the criminal driving was
    uninsured. The insurance policy of the vehicle's lawful keeper / owner
    / driver will not (and should not) cover third party liabilities of
    the criminal behind the wheel. It will, if a comprehensive policy,
    cover the repair or replacement of the insured vehicle.

    Wrong ! Perhaps you should have a word with the legislators, about that
    one then.

    As equally obviously, given there were a reported 375,048 thefts of
    motor vehicles in the UK in 2024, there would seem little point in
    insisting that all vehicle owners should take out a minimum or
    third party insurance cover, if there are a potential 375,048
    vehicles out there, on our roads, whether being driven by criminals
    or not, capable of causing death or serious injury to totally
    innocent parties, while remaining totally uninsured.

    Which would seem to defeat the whole object of the exercise, protecting innocent parties, would it not ?

    quote:

    What is Third Party, Fire & Theft car insurance?

    This covers you if your car is damaged by fire * or stolen *, and
    if other people claim against you for injury or damage to their car
    or property.

    :unquote

    https://www.directline.com/car-cover/third-party-fire-and-theft

    HTH


    bb

















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  • From billy bookcase@billy@anon.com to uk.legal.moderated on Mon Feb 16 23:34:15 2026
    From Newsgroup: uk.legal.moderated


    "JNugent" <JNugent73@mail.com> wrote in message news:mvher0FhehuU1@mid.individual.net...

    I'd be grateful if you could point out the parts which refer to the liabilities of a person who is *not* covered by an insurance policy which happens to exist in respect of a TWOCd vehicle which he (the uninsured and uncovered person) has taken the vehicle without the consent of the owner / keeper of that vehicle.

    quote:

    Under section 151 of the RTA, a motor insurer is - subject to certain conditions
    and exceptions - under a duty to satisfy a judgment even if it has not in fact insured the person driving.

    :unquote

    https://www.2tg.co.uk/wp-content/uploads/2023/04/2TG-Practical-Guide-Motor-Insurance-Law-John-McDonald.pdf

    quote:

    However, under section 151 of the Road Traffic Act 1988 (RTA), the insurer of a
    vehicle
    is liable to meet any judgment in respect of liability arising out of the use of
    the vehicle,
    even if the driver is not insured by the policy.

    :unquote


    https://www.brownejacobson.com/insights/the-word-june-2024/uninsured-driving-the-road-to-liability-for-insurers-and-third-parties



    bb






    Please note: I am *not* arguing that S 151 does not apply to a driver driving
    the vehicle within the terms of a driving licence, with the owner's consent including his own where relevant) and in accordance with the terms of the relevant motor insurance policy.

    If no policy had been issued for the vehicle, the Motor Insurers Bureau would
    have to compensate third parties.

    https://www.mib.org.uk/downloadable-content/

    I tried that once, when my vehicle was badly damaged in a collision with a vehicle driven by an uninsured, unlicensed driver who was disqualified from driving and was driving whilst over the breathalyser limit. My insurer managed
    to get me precisely u0. Luckily, I was not injured in the "accident".




    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Tue Feb 17 00:04:14 2026
    From Newsgroup: uk.legal.moderated


    "JNugent" <JNugent73@mail.com> wrote in message news:mvher0FhehuU1@mid.individual.net...


    I'd be grateful if you could point out the parts which refer to the liabilities of a person who is *not* covered by an insurance policy which happens to exist in respect of a TWOCd vehicle which he (the uninsured and uncovered person) has taken the vehicle without the consent of the owner / keeper of that vehicle.

    quote:

    (b)it is a liability, other than an excluded liability, which would be so covered
    if the policy insured all persons F8... and the judgment is obtained against any person other than one who is insured by the policy F9... .

    :unquote

    https://www.legislation.gov.uk/ukpga/1988/52/section/151

    to repeat

    "judgment is obtained against any person * other than one * who is insured
    by the policy F9


    bb



    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Handsome Jack@jack@handsome.com to uk.legal.moderated on Tue Feb 17 08:20:55 2026
    From Newsgroup: uk.legal.moderated

    On Mon, 16 Feb 2026 15:32:18 +0000, JNugent wrote:

    On 16/02/2026 11:57 am, Martin Brown wrote:

    In the snow on Friday night I found an interesting collision on the way
    into our village. An Audi had left the road and hit the Grade II*
    listed gatehouse. The car went straight on but the road turned right by
    about 30 degrees. From the damage caused I'd say they were doing
    60+mph. Conditions were not great at the time but at any reasonable
    speed the road was perfectly driveable if a little slick.

    Where does the owner of the listed building stand in a case like this?
    Will the car insurance pay out for the potentially very expensive
    rebuild and repair costs of damage to a stone built listed building?

    Assuming the driver was insured at all - yes.

    The stone walls made in 3'x 1' x 1' blocks is a very special local
    stone from a quarry that closed more than a century ago. The build
    style is high end Arts & Crafts with very thin mortar joints. Several
    blocks are smashed and mortar joints broken. Unclear to me how it can
    be mended.

    It is quite likely that the car was TWOC'd. Usually they go through
    hedges on the later tighter bends - this was the first challenging bend
    of a series of increasingly difficult ones. AFAIK no-one has ever lost
    it there before. At the next one we get a crash every few years into
    someone's garden (often they take the mains supply pole out too).

    Obviously, if the vehicle had been TWOCd, the criminal driving was
    uninsured. The insurance policy of the vehicle's lawful keeper / owner / driver will not (and should not) cover third party liabilities of the criminal behind the wheel. It will, if a comprehensive policy, cover the repair or replacement of the insured vehicle.

    Seems to me the vehicle's owner is not involved at all, any more than he
    would be if the criminal had pinched his sledgehammer and used that to
    smash up the house.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Mon Feb 16 22:21:29 2026
    From Newsgroup: uk.legal.moderated


    "The Todal" <the_todal@icloud.com> wrote in message news:mvh3pkFfjmfU1@mid.individual.net...

    But the bad news is that whichever insurers end up paying out, they will not be concerned with restoring an old house to the condition it was in prior to the collision. Their liability is to reimburse the owner for the value of the house, ie the market value at the time of the collision, maybe by reference to
    what it could have sold for on the market. It might then be that the ruined building would either be demolished or would be purchased by someone who gets a discount to reflect the need for repairs.

    That is quite simply wrong.

    The payout is decided by the sum insured which itself determines
    the premium paid.

    The sum insured may indeed only cover the market price; which in most cases means a lower premium.

    However its always open to the insured to opt for full the reinstatement cost; which in the case of a listed building may mean doubling the sum insured
    with a resulting hike in the premium. As indeed applies to many listed buildings.


    bb







    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From The Todal@the_todal@icloud.com to uk.legal.moderated on Tue Feb 17 09:29:06 2026
    From Newsgroup: uk.legal.moderated

    On 16/02/2026 22:21, billy bookcase wrote:
    "The Todal" <the_todal@icloud.com> wrote in message news:mvh3pkFfjmfU1@mid.individual.net...

    But the bad news is that whichever insurers end up paying out, they will not >> be concerned with restoring an old house to the condition it was in prior to >> the collision. Their liability is to reimburse the owner for the value of the
    house, ie the market value at the time of the collision, maybe by reference to
    what it could have sold for on the market. It might then be that the ruined >> building would either be demolished or would be purchased by someone who gets
    a discount to reflect the need for repairs.

    That is quite simply wrong.

    The payout is decided by the sum insured which itself determines
    the premium paid.

    The sum insured may indeed only cover the market price; which in most cases means a lower premium.

    However its always open to the insured to opt for full the reinstatement cost;
    which in the case of a listed building may mean doubling the sum insured
    with a resulting hike in the premium. As indeed applies to many listed buildings.


    That's right. I mis-spoke. Or, as Trump might say, I didn't read the
    post that was uploaded in my name.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Tue Feb 17 10:29:49 2026
    From Newsgroup: uk.legal.moderated


    "The Todal" <the_todal@icloud.com> wrote in message news:mviqn2Fo71nU1@mid.individual.net...
    On 16/02/2026 22:21, billy bookcase wrote:
    "The Todal" <the_todal@icloud.com> wrote in message
    news:mvh3pkFfjmfU1@mid.individual.net...

    But the bad news is that whichever insurers end up paying out, they will not
    be concerned with restoring an old house to the condition it was in prior to
    the collision. Their liability is to reimburse the owner for the value of >>> the
    house, ie the market value at the time of the collision, maybe by reference >>> to
    what it could have sold for on the market. It might then be that the ruined >>> building would either be demolished or would be purchased by someone who >>> gets
    a discount to reflect the need for repairs.

    That is quite simply wrong.

    The payout is decided by the sum insured which itself determines
    the premium paid.

    The sum insured may indeed only cover the market price; which in most cases >> means a lower premium.

    However its always open to the insured to opt for full the reinstatement
    cost;
    which in the case of a listed building may mean doubling the sum insured
    with a resulting hike in the premium. As indeed applies to many listed
    buildings.


    That's right. I mis-spoke. Or, as Trump might say, I didn't read the post that
    was uploaded in my name.

    Although in many cases you'd be correct; as this is apparently a major cause
    of under-insurance. So that when people claim for say flood damage, they may find that because the insured value of their property only represents 75% of the full re-instatement cost, they will only be paid out 75% of any claim.
    No matter how relatively small this is, in comparison to the sum insured.


    bb.





    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Jethro@jethro_UK@hotmailbin.com to uk.legal.moderated on Tue Feb 17 12:12:59 2026
    From Newsgroup: uk.legal.moderated

    On Tue, 17 Feb 2026 10:29:49 +0000, billy bookcase wrote:

    "The Todal" <the_todal@icloud.com> wrote in message news:mviqn2Fo71nU1@mid.individual.net...
    On 16/02/2026 22:21, billy bookcase wrote:
    "The Todal" <the_todal@icloud.com> wrote in message
    news:mvh3pkFfjmfU1@mid.individual.net...

    But the bad news is that whichever insurers end up paying out, they
    will not be concerned with restoring an old house to the condition it
    was in prior to the collision. Their liability is to reimburse the
    owner for the value of the house, ie the market value at the time of
    the collision, maybe by reference to what it could have sold for on
    the market. It might then be that the ruined building would either be
    demolished or would be purchased by someone who gets a discount to
    reflect the need for repairs.

    That is quite simply wrong.

    The payout is decided by the sum insured which itself determines the
    premium paid.

    The sum insured may indeed only cover the market price; which in most
    cases means a lower premium.

    However its always open to the insured to opt for full the
    reinstatement cost;
    which in the case of a listed building may mean doubling the sum
    insured with a resulting hike in the premium. As indeed applies to
    many listed buildings.


    That's right. I mis-spoke. Or, as Trump might say, I didn't read the
    post that was uploaded in my name.

    Although in many cases you'd be correct; as this is apparently a major
    cause of under-insurance. So that when people claim for say flood
    damage, they may find that because the insured value of their property
    only represents 75% of the full re-instatement cost, they will only be
    paid out 75% of any claim. No matter how relatively small this is, in comparison to the sum insured.

    Sounds a tad inequitable to me. Would someone who carelessly overinsured
    their property by 25% get 125% of the value ?

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Tue Feb 17 14:07:02 2026
    From Newsgroup: uk.legal.moderated


    "Jethro" <jethro_UK@hotmailbin.com> wrote in message news:10n1m0b$1bjns$11@dont-email.me...
    On Tue, 17 Feb 2026 10:29:49 +0000, billy bookcase wrote:

    "The Todal" <the_todal@icloud.com> wrote in message
    news:mviqn2Fo71nU1@mid.individual.net...
    On 16/02/2026 22:21, billy bookcase wrote:
    "The Todal" <the_todal@icloud.com> wrote in message
    news:mvh3pkFfjmfU1@mid.individual.net...

    But the bad news is that whichever insurers end up paying out, they
    will not be concerned with restoring an old house to the condition it >>>>> was in prior to the collision. Their liability is to reimburse the
    owner for the value of the house, ie the market value at the time of >>>>> the collision, maybe by reference to what it could have sold for on
    the market. It might then be that the ruined building would either be >>>>> demolished or would be purchased by someone who gets a discount to
    reflect the need for repairs.

    That is quite simply wrong.

    The payout is decided by the sum insured which itself determines the
    premium paid.

    The sum insured may indeed only cover the market price; which in most
    cases means a lower premium.

    However its always open to the insured to opt for full the
    reinstatement cost;
    which in the case of a listed building may mean doubling the sum
    insured with a resulting hike in the premium. As indeed applies to
    many listed buildings.


    That's right. I mis-spoke. Or, as Trump might say, I didn't read the
    post that was uploaded in my name.

    Although in many cases you'd be correct; as this is apparently a major
    cause of under-insurance. So that when people claim for say flood
    damage, they may find that because the insured value of their property
    only represents 75% of the full re-instatement cost, they will only be
    paid out 75% of any claim. No matter how relatively small this is, in
    comparison to the sum insured.

    Sounds a tad inequitable to me. Would someone who carelessly overinsured their property by 25% get 125% of the value ?

    But if you're claiming for damage, then the cost of repairing that damage
    will be proportional to cost of re-instating the whole property; in terms
    of the current cost of materials and labour etc. But need bear no relation
    at all to the current insured market value of the property; which may be affected by any number of things

    All in all, its probably better to find this all out beforehand, and make any necessary adjustments; rather that afterwards when it will be too late.


    bb







    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Jethro@jethro_UK@hotmailbin.com to uk.legal.moderated on Tue Feb 17 14:52:57 2026
    From Newsgroup: uk.legal.moderated

    On Tue, 17 Feb 2026 14:07:02 +0000, billy bookcase wrote:

    "Jethro" <jethro_UK@hotmailbin.com> wrote in message news:10n1m0b$1bjns$11@dont-email.me...
    On Tue, 17 Feb 2026 10:29:49 +0000, billy bookcase wrote:

    "The Todal" <the_todal@icloud.com> wrote in message
    news:mviqn2Fo71nU1@mid.individual.net...
    On 16/02/2026 22:21, billy bookcase wrote:
    "The Todal" <the_todal@icloud.com> wrote in message
    news:mvh3pkFfjmfU1@mid.individual.net...

    But the bad news is that whichever insurers end up paying out, they >>>>>> will not be concerned with restoring an old house to the condition >>>>>> it was in prior to the collision. Their liability is to reimburse
    the owner for the value of the house, ie the market value at the
    time of the collision, maybe by reference to what it could have
    sold for on the market. It might then be that the ruined building
    would either be demolished or would be purchased by someone who
    gets a discount to reflect the need for repairs.

    That is quite simply wrong.

    The payout is decided by the sum insured which itself determines the >>>>> premium paid.

    The sum insured may indeed only cover the market price; which in
    most cases means a lower premium.

    However its always open to the insured to opt for full the
    reinstatement cost;
    which in the case of a listed building may mean doubling the sum
    insured with a resulting hike in the premium. As indeed applies to
    many listed buildings.


    That's right. I mis-spoke. Or, as Trump might say, I didn't read the
    post that was uploaded in my name.

    Although in many cases you'd be correct; as this is apparently a major
    cause of under-insurance. So that when people claim for say flood
    damage, they may find that because the insured value of their property
    only represents 75% of the full re-instatement cost, they will only be
    paid out 75% of any claim. No matter how relatively small this is, in
    comparison to the sum insured.

    Sounds a tad inequitable to me. Would someone who carelessly
    overinsured their property by 25% get 125% of the value ?

    But if you're claiming for damage, then the cost of repairing that
    damage will be proportional to cost of re-instating the whole property;
    in terms of the current cost of materials and labour etc. But need bear
    no relation at all to the current insured market value of the property;
    which may be affected by any number of things

    All in all, its probably better to find this all out beforehand, and
    make any necessary adjustments; rather that afterwards when it will be
    too late.

    Respectfully, that doesn't leave me knowing if I was answered or not.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Tue Feb 17 18:33:20 2026
    From Newsgroup: uk.legal.moderated


    "Jethro" <jethro_UK@hotmailbin.com> wrote in message news:10n1vc9$1bjns$13@dont-email.me...
    On Tue, 17 Feb 2026 14:07:02 +0000, billy bookcase wrote:

    "Jethro" <jethro_UK@hotmailbin.com> wrote in message
    news:10n1m0b$1bjns$11@dont-email.me...
    On Tue, 17 Feb 2026 10:29:49 +0000, billy bookcase wrote:

    "The Todal" <the_todal@icloud.com> wrote in message
    news:mviqn2Fo71nU1@mid.individual.net...
    On 16/02/2026 22:21, billy bookcase wrote:
    "The Todal" <the_todal@icloud.com> wrote in message
    news:mvh3pkFfjmfU1@mid.individual.net...

    But the bad news is that whichever insurers end up paying out, they >>>>>>> will not be concerned with restoring an old house to the condition >>>>>>> it was in prior to the collision. Their liability is to reimburse >>>>>>> the owner for the value of the house, ie the market value at the >>>>>>> time of the collision, maybe by reference to what it could have
    sold for on the market. It might then be that the ruined building >>>>>>> would either be demolished or would be purchased by someone who
    gets a discount to reflect the need for repairs.

    That is quite simply wrong.

    The payout is decided by the sum insured which itself determines the >>>>>> premium paid.

    The sum insured may indeed only cover the market price; which in
    most cases means a lower premium.

    However its always open to the insured to opt for full the
    reinstatement cost;
    which in the case of a listed building may mean doubling the sum
    insured with a resulting hike in the premium. As indeed applies to >>>>>> many listed buildings.


    That's right. I mis-spoke. Or, as Trump might say, I didn't read the >>>>> post that was uploaded in my name.

    Although in many cases you'd be correct; as this is apparently a major >>>> cause of under-insurance. So that when people claim for say flood
    damage, they may find that because the insured value of their property >>>> only represents 75% of the full re-instatement cost, they will only be >>>> paid out 75% of any claim. No matter how relatively small this is, in
    comparison to the sum insured.

    Sounds a tad inequitable to me. Would someone who carelessly
    overinsured their property by 25% get 125% of the value ?

    But if you're claiming for damage, then the cost of repairing that
    damage will be proportional to cost of re-instating the whole property;
    in terms of the current cost of materials and labour etc. But need bear
    no relation at all to the current insured market value of the property;
    which may be affected by any number of things

    All in all, its probably better to find this all out beforehand, and
    make any necessary adjustments; rather that afterwards when it will be
    too late.

    Respectfully, that doesn't leave me knowing if I was answered or not.


    No, it's not inequitable; and no. they're not over-insured.

    While in the above example, if the reintatement cost is u1,000.000
    while the insured value is only u750,000 they will need to increase their
    cover by 33% and not 25% as you suggest above.

    As an increase of 25% would only increase their cover to 93.7%
    of the full reinstatement cost; leaving a shortfall in any claim
    of 6.3%.


    bb







    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Mark Goodge@usenet@listmail.good-stuff.co.uk to uk.legal.moderated on Tue Feb 17 21:12:36 2026
    From Newsgroup: uk.legal.moderated

    On Mon, 16 Feb 2026 21:00:17 +0000, JNugent <JNugent73@mail.com> wrote:

    On 16/02/2026 06:03 pm, The Todal wrote:

    In fact, the insurance policy of the vehicle's lawful keeper normally
    would cover third party liabilities even if the driver had taken the
    vehicle without consent. It's in section 151 of the Road Traffic Act.

    https://www.legislation.gov.uk/ukpga/1988/52/section/151

    Thank you.

    Having read that Section (thanks for the link), it is not jumping off
    the page at me that the law forces insurers to meet the liabilities of >*uninsured* persons.

    [snip]

    (b) it is a liability, other than an excluded liability, which would be
    so covered if the policy insured all persons F8... and the judgment is >obtained against any person other than one who is insured by the policy >F9... .

    That's the one.

    It's basically saying that, as regards the bare minimum of compulsory
    insurance (which is almost, but not quite, the same as third party
    insurance), the policy has to be treated as if it were an "any driver"
    policy, irrespective of whether it is or not, unless it's an "excluded liability" (which is defined subsequently).

    So if someone steals your car and prangs it, damaging someone else's
    property in the process, your insurer will be liable.

    That may seem unfair. But, in reality, it's a relatively low probability
    event, so your insurer is not at particularly great risk as a result of that clause. And, in cany case, most of the things that a thief or TWOCcer are likely to prang your car into will themselves by covered by insurance. So
    your insurer's loss is their insurer's gain, in this particular instance.
    But, assuming that most insurers are equally pranged and pranged against, in the long run it will mostly balance out. Having liability defined in legislation simply saves both of them from needing to argue about it, which benefits both.

    The only situation where it doesn't balance out in the long run is where the victim of the prang isn't insured against the damage caused. In that case,
    an insurer loses but no other insurer gains. But then, if the vehicle
    causing the damage was deemed to be uninsured in the circumstances of the damage, then the Motor Insurers Bureau would, ultimately, be liable. And the MIB is funded by the insurance industry. So either way, the insurers are
    still paying.

    Mark


    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Wed Feb 18 12:01:45 2026
    From Newsgroup: uk.legal.moderated

    On 17/02/2026 09:12 pm, Mark Goodge wrote:
    On Mon, 16 Feb 2026 21:00:17 +0000, JNugent <JNugent73@mail.com> wrote:

    On 16/02/2026 06:03 pm, The Todal wrote:

    In fact, the insurance policy of the vehicle's lawful keeper normally
    would cover third party liabilities even if the driver had taken the
    vehicle without consent. It's in section 151 of the Road Traffic Act.

    https://www.legislation.gov.uk/ukpga/1988/52/section/151

    Thank you.

    Having read that Section (thanks for the link), it is not jumping off
    the page at me that the law forces insurers to meet the liabilities of
    *uninsured* persons.

    [snip]

    (b) it is a liability, other than an excluded liability, which would be
    so covered if the policy insured all persons F8... and the judgment is
    obtained against any person other than one who is insured by the policy
    F9... .

    That's the one.

    It's basically saying that, as regards the bare minimum of compulsory insurance (which is almost, but not quite, the same as third party insurance), the policy has to be treated as if it were an "any driver" policy, irrespective of whether it is or not, unless it's an "excluded liability" (which is defined subsequently).

    So if someone steals your car and prangs it, damaging someone else's
    property in the process, your insurer will be liable.

    That may seem unfair. But, in reality, it's a relatively low probability event, so your insurer is not at particularly great risk as a result of that clause. And, in cany case, most of the things that a thief or TWOCcer are likely to prang your car into will themselves by covered by insurance. So your insurer's loss is their insurer's gain, in this particular instance. But, assuming that most insurers are equally pranged and pranged against, in the long run it will mostly balance out. Having liability defined in legislation simply saves both of them from needing to argue about it, which benefits both.

    The only situation where it doesn't balance out in the long run is where the victim of the prang isn't insured against the damage caused. In that case,
    an insurer loses but no other insurer gains. But then, if the vehicle
    causing the damage was deemed to be uninsured in the circumstances of the damage, then the Motor Insurers Bureau would, ultimately, be liable. And the MIB is funded by the insurance industry. So either way, the insurers are still paying.

    Mark

    Thank you.

    Observation: "That may seem unfair". Well, it's more than that. It
    really IS unfair.

    The TWOCing criminal should have (and be made to bear) his own uninsured liability.

    As an alternative or supplementary provision, if Parliament took the
    view that public policy requires that third property-owners must be
    protected even if not insured, the obvious way to square that would be
    for public funds to be available for the necessary repairs and replacements.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From GB@NOTsomeone@microsoft.invalid to uk.legal.moderated on Wed Feb 18 12:44:50 2026
    From Newsgroup: uk.legal.moderated

    On 16/02/2026 21:58, The Todal wrote:

    There would presumably be a claim against the householder's buildings
    insurers who would in turn seek to recover their outlay from the
    insurers of the car driver.

    I don't think you can safely assume that your home insurance covers
    collision damage. You'd have to check the policy, as some companies
    don't automatically cover it.

    A random example from a LV buildings insurance policy under "what is covered".

    7. Impact by any animal, falling tree or
    branch, road vehicle, train, aircraft,
    or other flying objects (including
    items dropped from them).

    I may be being a bit over-cautious. Especially as this is a hypothetical example.





    The householder could if he prefers claim against the insurers of the
    car driver and not bother his own insurers.

    But the bad news is that whichever insurers end up paying out, they
    will not be concerned with restoring an old house to the condition it
    was in prior to the collision. Their liability is to reimburse the
    owner for the value of the house, ie the market value at the time of
    the collision, maybe by reference to what it could have sold for on
    the market. It might then be that the ruined building would either be
    demolished or would be purchased by someone who gets a discount to
    reflect the need for repairs.


    There's normally a requirement to indemnify the householder, up to the
    limit of cover. If, because it's a listed property, the householder is
    obliged to repair it, I don't see how the insurers can avoid that
    cost? I accept that it will depend on the policy wording.


    It would probably be necessary for the policyholder to specify a sum
    insured that covers full reinstatement and to choose a special, more expensive listed building policy.

    I think it is probably true to say that the owner remains legally
    obliged to repair the listed building even if the insurance payment does
    not cover the cost in full.


    Thinking about it some more, there used to be parts of the country where
    you could buy property for less than the cost of building it. Forgetting
    about the listed aspect for a moment, and assuming the sum assured is
    adequate for full reinstatement, could the insurer effectively say:

    It would cost more to rebuild your property than you can buy another one
    for. So, we'll give you the lower amount.

    That sounds like indemnifying the householder, and it happens all the
    time on contents insurance, but surely we'd hear about it if it happened
    with buildings insurance? And, the towns where property is cheap would
    be littered with burnt out abandoned wrecks.


    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Sam Plusnet@not@home.com to uk.legal.moderated on Wed Feb 18 18:38:45 2026
    From Newsgroup: uk.legal.moderated

    On 18/02/2026 12:01, JNugent wrote:
    On 17/02/2026 09:12 pm, Mark Goodge wrote:
    On Mon, 16 Feb 2026 21:00:17 +0000, JNugent <JNugent73@mail.com> wrote:

    On 16/02/2026 06:03 pm, The Todal wrote:

    In fact, the insurance policy of the vehicle's lawful keeper normally
    would cover third party liabilities even if the driver had taken the
    vehicle without consent. It's in section 151 of the Road Traffic Act.

    https://www.legislation.gov.uk/ukpga/1988/52/section/151

    Thank you.

    Having read that Section (thanks for the link), it is not jumping off
    the page at me that the law forces insurers to meet the liabilities of
    *uninsured* persons.

    [snip]

    (b) it is a liability, other than an excluded liability, which would be
    so covered if the policy insured all persons F8... and the judgment is
    obtained against any person other than one who is insured by the policy
    F9... .

    That's the one.

    It's basically saying that, as regards the bare minimum of compulsory
    insurance (which is almost, but not quite, the same as third party
    insurance), the policy has to be treated as if it were an "any driver"
    policy, irrespective of whether it is or not, unless it's an "excluded
    liability" (which is defined subsequently).

    So if someone steals your car and prangs it, damaging someone else's
    property in the process, your insurer will be liable.

    That may seem unfair. But, in reality, it's a relatively low probability
    event, so your insurer is not at particularly great risk as a result
    of that
    clause. And, in cany case, most of the things that a thief or TWOCcer are
    likely to prang your car into will themselves by covered by insurance. So
    your insurer's loss is their insurer's gain, in this particular instance.
    But, assuming that most insurers are equally pranged and pranged
    against, in
    the long run it will mostly balance out. Having liability defined in
    legislation simply saves both of them from needing to argue about it,
    which
    benefits both.

    The only situation where it doesn't balance out in the long run is
    where the
    victim of the prang isn't insured against the damage caused. In that
    case,
    an insurer loses but no other insurer gains. But then, if the vehicle
    causing the damage was deemed to be uninsured in the circumstances of the
    damage, then the Motor Insurers Bureau would, ultimately, be liable.
    And the
    MIB is funded by the insurance industry. So either way, the insurers are
    still paying.

    Mark

    Thank you.

    Observation: "That may seem unfair". Well, it's more than that. It
    really IS unfair.

    The TWOCing criminal should have (and be made to bear) his own uninsured liability.

    But how would you get money from a clueless imbecile who has none?
    --
    Sam Plusnet

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Mark Goodge@usenet@listmail.good-stuff.co.uk to uk.legal.moderated on Wed Feb 18 21:04:16 2026
    From Newsgroup: uk.legal.moderated

    On Wed, 18 Feb 2026 12:01:45 +0000, JNugent <JNugent73@mail.com> wrote:

    On 17/02/2026 09:12 pm, Mark Goodge wrote:

    That may seem unfair. But, in reality, it's a relatively low probability
    event, so your insurer is not at particularly great risk as a result of that >> clause. And, in cany case, most of the things that a thief or TWOCcer are
    likely to prang your car into will themselves by covered by insurance. So
    your insurer's loss is their insurer's gain, in this particular instance.
    But, assuming that most insurers are equally pranged and pranged against, in >> the long run it will mostly balance out. Having liability defined in
    legislation simply saves both of them from needing to argue about it, which >> benefits both.

    The only situation where it doesn't balance out in the long run is where the >> victim of the prang isn't insured against the damage caused. In that case, >> an insurer loses but no other insurer gains. But then, if the vehicle
    causing the damage was deemed to be uninsured in the circumstances of the
    damage, then the Motor Insurers Bureau would, ultimately, be liable. And the >> MIB is funded by the insurance industry. So either way, the insurers are
    still paying.

    Thank you.

    Observation: "That may seem unfair". Well, it's more than that. It
    really IS unfair.

    The TWOCing criminal should have (and be made to bear) his own uninsured >liability.

    Even if the TWOCcer has the wherewithal to pay it, extracting the cash from
    him will rely on the case meandering its way through the overburdened court system and finally reaching a judgment. The victim can't wait that long. The insurance company will pay out in a matter of days.

    However, the insurers can, themselves, subsequently pursue the TWOCcer for damages. If successful, they will not be out of pocket.

    As an alternative or supplementary provision, if Parliament took the
    view that public policy requires that third property-owners must be >protected even if not insured, the obvious way to square that would be
    for public funds to be available for the necessary repairs and replacements.

    Which would, of course, be paid for out of taxation. So who to tax, and how? The current system is, effectively, a tax on insurers. It makes them pay - either directly or via their funding of the MIB - for something which
    neither they nor their clients are at fault for. Maybe the government should just tax them instead, and make the payments itself. But MIB and RTA 151 payments are an overhead, which reduces their tax liability. So the insurers themselves are better off paying those costs directly rather than being
    taxed in order to pay them.

    If you don't want the insurers to pay, then someone else has to. It could be added to VED, I suppose. But would the car owning public be happy with that?
    I suspect not. General taxation? Ditto.

    Mark

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Thu Feb 19 01:11:12 2026
    From Newsgroup: uk.legal.moderated

    On 18/02/2026 06:38 pm, Sam Plusnet wrote:
    On 18/02/2026 12:01, JNugent wrote:
    On 17/02/2026 09:12 pm, Mark Goodge wrote:
    On Mon, 16 Feb 2026 21:00:17 +0000, JNugent <JNugent73@mail.com> wrote:

    On 16/02/2026 06:03 pm, The Todal wrote:

    In fact, the insurance policy of the vehicle's lawful keeper normally >>>>> would cover third party liabilities even if the driver had taken the >>>>> vehicle without consent. It's in section 151 of the Road Traffic Act. >>>>>
    https://www.legislation.gov.uk/ukpga/1988/52/section/151

    Thank you.

    Having read that Section (thanks for the link), it is not jumping off
    the page at me that the law forces insurers to meet the liabilities of >>>> *uninsured* persons.

    [snip]

    (b) it is a liability, other than an excluded liability, which would be >>>> so covered if the policy insured all persons F8... and the judgment is >>>> obtained against any person other than one who is insured by the policy >>>> F9... .

    That's the one.

    It's basically saying that, as regards the bare minimum of compulsory
    insurance (which is almost, but not quite, the same as third party
    insurance), the policy has to be treated as if it were an "any driver"
    policy, irrespective of whether it is or not, unless it's an "excluded
    liability" (which is defined subsequently).

    So if someone steals your car and prangs it, damaging someone else's
    property in the process, your insurer will be liable.

    That may seem unfair. But, in reality, it's a relatively low probability >>> event, so your insurer is not at particularly great risk as a result
    of that
    clause. And, in cany case, most of the things that a thief or TWOCcer
    are
    likely to prang your car into will themselves by covered by
    insurance. So
    your insurer's loss is their insurer's gain, in this particular
    instance.
    But, assuming that most insurers are equally pranged and pranged
    against, in
    the long run it will mostly balance out. Having liability defined in
    legislation simply saves both of them from needing to argue about it,
    which
    benefits both.

    The only situation where it doesn't balance out in the long run is
    where the
    victim of the prang isn't insured against the damage caused. In that
    case,
    an insurer loses but no other insurer gains. But then, if the vehicle
    causing the damage was deemed to be uninsured in the circumstances of
    the
    damage, then the Motor Insurers Bureau would, ultimately, be liable.
    And the
    MIB is funded by the insurance industry. So either way, the insurers are >>> still paying.

    Mark

    Thank you.

    Observation: "That may seem unfair". Well, it's more than that. It
    really IS unfair.

    The TWOCing criminal should have (and be made to bear) his own
    uninsured liability.

    But how would you get money from a clueless imbecile who has none?

    It might be difficult. But making him bankrupt might be just, as well as
    a reasonable deterrent of others.




    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Thu Feb 19 01:12:05 2026
    From Newsgroup: uk.legal.moderated

    On 18/02/2026 09:04 pm, Mark Goodge wrote:
    On Wed, 18 Feb 2026 12:01:45 +0000, JNugent <JNugent73@mail.com> wrote:

    On 17/02/2026 09:12 pm, Mark Goodge wrote:

    That may seem unfair. But, in reality, it's a relatively low probability >>> event, so your insurer is not at particularly great risk as a result of that
    clause. And, in cany case, most of the things that a thief or TWOCcer are >>> likely to prang your car into will themselves by covered by insurance. So >>> your insurer's loss is their insurer's gain, in this particular instance. >>> But, assuming that most insurers are equally pranged and pranged against, in
    the long run it will mostly balance out. Having liability defined in
    legislation simply saves both of them from needing to argue about it, which >>> benefits both.

    The only situation where it doesn't balance out in the long run is where the
    victim of the prang isn't insured against the damage caused. In that case, >>> an insurer loses but no other insurer gains. But then, if the vehicle
    causing the damage was deemed to be uninsured in the circumstances of the >>> damage, then the Motor Insurers Bureau would, ultimately, be liable. And the
    MIB is funded by the insurance industry. So either way, the insurers are >>> still paying.

    Thank you.

    Observation: "That may seem unfair". Well, it's more than that. It
    really IS unfair.

    The TWOCing criminal should have (and be made to bear) his own uninsured
    liability.

    Even if the TWOCcer has the wherewithal to pay it, extracting the cash from him will rely on the case meandering its way through the overburdened court system and finally reaching a judgment. The victim can't wait that long. The insurance company will pay out in a matter of days.

    However, the insurers can, themselves, subsequently pursue the TWOCcer for damages. If successful, they will not be out of pocket.

    As an alternative or supplementary provision, if Parliament took the
    view that public policy requires that third property-owners must be
    protected even if not insured, the obvious way to square that would be
    for public funds to be available for the necessary repairs and replacements.

    Which would, of course, be paid for out of taxation. So who to tax, and how? The current system is, effectively, a tax on insurers. It makes them pay

    You mean it makes policy-holders pay!
    -
    either directly or via their funding of the MIB - for something which
    neither they nor their clients are at fault for. Maybe the government should just tax them instead, and make the payments itself. But MIB and RTA 151 payments are an overhead, which reduces their tax liability. So the insurers themselves are better off paying those costs directly rather than being
    taxed in order to pay them.

    If you don't want the insurers to pay, then someone else has to. It could be added to VED, I suppose. But would the car owning public be happy with that? I suspect not. General taxation? Ditto.

    Mark



    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Martin Brown@'''newspam'''@nonad.co.uk to uk.legal.moderated on Thu Feb 19 11:42:15 2026
    From Newsgroup: uk.legal.moderated

    On 19/02/2026 01:11, JNugent wrote:
    On 18/02/2026 06:38 pm, Sam Plusnet wrote:
    On 18/02/2026 12:01, JNugent wrote:

    Observation: "That may seem unfair". Well, it's more than that. It
    really IS unfair.

    The TWOCing criminal should have (and be made to bear) his own
    uninsured liability.

    But how would you get money from a clueless imbecile who has none?

    It might be difficult. But making him bankrupt might be just, as well as
    a reasonable deterrent of others.

    You have to catch them first. And the odds of that happening are
    negligible :(

    The police here simply CBA to do that unless the TWOCer is injured and
    unable to escape from the crashed vehicle. They give them a minimum 30
    minutes head start by default (can be much longer - like a day or so).

    We have had several where after the crash in the middle of nowhere the
    car load of thieves (known to be so from the gear left in the vehicle)
    did a runner and the police CBA to call in the helicopter. Not cost
    effective apparently (and they have no police cells to put them in here
    so its a long round trip to the nearest custody centre).

    The most recent lot who caused the serious damage to the pub carpark and contents I described a few months ago and then a 3 car pile up on the
    A19. Yet that wasn't enough for the police to try seriously to catch
    them. On foot in open countryside they would be easy to find with a
    thermal infrared camera on a helicopter or drone.

    Long ago there was a similar incident red BMW vs tree at high speed
    where the car caught fire and the doors wouldn't open. Summary justice I suppose. Thefts from outbuildings, TV/VCR breaking and entering stopped
    for a while after that until some new miscreants moved into the area.
    --
    Martin Brown


    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Jon Ribbens@jon+usenet@unequivocal.eu to uk.legal.moderated on Thu Feb 19 12:14:49 2026
    From Newsgroup: uk.legal.moderated

    On 2026-02-19, Martin Brown <'''newspam'''@nonad.co.uk> wrote:
    Long ago there was a similar incident red BMW vs tree at high speed
    where the car caught fire and the doors wouldn't open. Summary justice I suppose. Thefts from outbuildings, TV/VCR breaking and entering stopped
    for a while after that until some new miscreants moved into the area.

    A lot of VCR theft going on is there, where you live in the 1980s? ;-)

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Adam Funk@a24061a@ducksburg.com to uk.legal.moderated on Thu Feb 19 12:38:37 2026
    From Newsgroup: uk.legal.moderated

    On 2026-02-17, Mark Goodge wrote:

    On Mon, 16 Feb 2026 21:00:17 +0000, JNugent <JNugent73@mail.com> wrote:

    On 16/02/2026 06:03 pm, The Todal wrote:

    In fact, the insurance policy of the vehicle's lawful keeper normally
    would cover third party liabilities even if the driver had taken the
    vehicle without consent. It's in section 151 of the Road Traffic Act.

    https://www.legislation.gov.uk/ukpga/1988/52/section/151

    Thank you.

    Having read that Section (thanks for the link), it is not jumping off
    the page at me that the law forces insurers to meet the liabilities of >>*uninsured* persons.

    [snip]

    (b) it is a liability, other than an excluded liability, which would be
    so covered if the policy insured all persons F8... and the judgment is >>obtained against any person other than one who is insured by the policy >>F9... .

    That's the one.

    It's basically saying that, as regards the bare minimum of compulsory insurance (which is almost, but not quite, the same as third party insurance), the policy has to be treated as if it were an "any driver" policy, irrespective of whether it is or not, unless it's an "excluded liability" (which is defined subsequently).

    So if someone steals your car and prangs it, damaging someone else's
    property in the process, your insurer will be liable.

    That may seem unfair. But, in reality, it's a relatively low probability event, so your insurer is not at particularly great risk as a result of that

    Is there any legal protection to prevent your insurer from putting the
    premiums up as a result of being a victim of theft?



    clause. And, in cany case, most of the things that a thief or TWOCcer are likely to prang your car into will themselves by covered by insurance. So your insurer's loss is their insurer's gain, in this particular instance. But, assuming that most insurers are equally pranged and pranged against, in the long run it will mostly balance out. Having liability defined in legislation simply saves both of them from needing to argue about it, which benefits both.

    The only situation where it doesn't balance out in the long run is where the victim of the prang isn't insured against the damage caused. In that case,
    an insurer loses but no other insurer gains. But then, if the vehicle
    causing the damage was deemed to be uninsured in the circumstances of the damage, then the Motor Insurers Bureau would, ultimately, be liable. And the MIB is funded by the insurance industry. So either way, the insurers are still paying.

    Mark



    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Nick Finnigan@nix@genie.co.uk to uk.legal.moderated on Thu Feb 19 13:26:42 2026
    From Newsgroup: uk.legal.moderated

    On 19/02/2026 12:38, Adam Funk wrote:
    On 2026-02-17, Mark Goodge wrote:


    So if someone steals your car and prangs it, damaging someone else's
    property in the process, your insurer will be liable.

    That may seem unfair. But, in reality, it's a relatively low probability
    event, so your insurer is not at particularly great risk as a result of that

    Is there any legal protection to prevent your insurer from putting the premiums up as a result of being a victim of theft?

    Nope. If you have a car model which is likely to be TWOCed, or keep it in
    an area where it is likely to be TWOCed, your premiums will be higher.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Mark Goodge@usenet@listmail.good-stuff.co.uk to uk.legal.moderated on Thu Feb 19 20:36:58 2026
    From Newsgroup: uk.legal.moderated

    On Thu, 19 Feb 2026 01:12:05 +0000, JNugent <JNugent73@mail.com> wrote:

    On 18/02/2026 09:04 pm, Mark Goodge wrote:
    On Wed, 18 Feb 2026 12:01:45 +0000, JNugent <JNugent73@mail.com> wrote:

    On 17/02/2026 09:12 pm, Mark Goodge wrote:

    That may seem unfair. But, in reality, it's a relatively low probability >>>> event, so your insurer is not at particularly great risk as a result of that
    clause. And, in cany case, most of the things that a thief or TWOCcer are >>>> likely to prang your car into will themselves by covered by insurance. So >>>> your insurer's loss is their insurer's gain, in this particular instance. >>>> But, assuming that most insurers are equally pranged and pranged against, in
    the long run it will mostly balance out. Having liability defined in
    legislation simply saves both of them from needing to argue about it, which
    benefits both.

    The only situation where it doesn't balance out in the long run is where the
    victim of the prang isn't insured against the damage caused. In that case, >>>> an insurer loses but no other insurer gains. But then, if the vehicle
    causing the damage was deemed to be uninsured in the circumstances of the >>>> damage, then the Motor Insurers Bureau would, ultimately, be liable. And the
    MIB is funded by the insurance industry. So either way, the insurers are >>>> still paying.

    Thank you.

    Observation: "That may seem unfair". Well, it's more than that. It
    really IS unfair.

    The TWOCing criminal should have (and be made to bear) his own uninsured >>> liability.

    Even if the TWOCcer has the wherewithal to pay it, extracting the cash from >> him will rely on the case meandering its way through the overburdened court >> system and finally reaching a judgment. The victim can't wait that long. The >> insurance company will pay out in a matter of days.

    However, the insurers can, themselves, subsequently pursue the TWOCcer for >> damages. If successful, they will not be out of pocket.

    As an alternative or supplementary provision, if Parliament took the
    view that public policy requires that third property-owners must be
    protected even if not insured, the obvious way to square that would be
    for public funds to be available for the necessary repairs and replacements.

    Which would, of course, be paid for out of taxation. So who to tax, and how? >> The current system is, effectively, a tax on insurers. It makes them pay

    You mean it makes policy-holders pay!

    Ultimately, yes. Just like any tax on a business is ultimately paid for by
    the business's customers. But a direct payment is usually more
    cost-effective than passing that payment through the Exchequer, wich will inevitably take its cut.

    Mark

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Mark Goodge@usenet@listmail.good-stuff.co.uk to uk.legal.moderated on Thu Feb 19 20:40:00 2026
    From Newsgroup: uk.legal.moderated

    On Thu, 19 Feb 2026 12:38:37 +0000, Adam Funk <a24061a@ducksburg.com> wrote:

    On 2026-02-17, Mark Goodge wrote:

    So if someone steals your car and prangs it, damaging someone else's
    property in the process, your insurer will be liable.

    That may seem unfair. But, in reality, it's a relatively low probability
    event, so your insurer is not at particularly great risk as a result of that

    Is there any legal protection to prevent your insurer from putting the >premiums up as a result of being a victim of theft?

    No. And nor should there be. It is entirely reasonable of insurers to have policies which incentivise their customers to take reasonable precautions.
    And most insurers also offer a protected no claims discount which covers
    cases where the customer is not only not at fault but could not reasonably
    have taken any practical steps to avoid or mitigate loss.

    Mark

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Adam Funk@a24061a@ducksburg.com to uk.legal.moderated on Wed Feb 25 11:41:35 2026
    From Newsgroup: uk.legal.moderated

    On 2026-02-19, Mark Goodge wrote:

    On Thu, 19 Feb 2026 12:38:37 +0000, Adam Funk <a24061a@ducksburg.com> wrote:

    On 2026-02-17, Mark Goodge wrote:

    So if someone steals your car and prangs it, damaging someone else's
    property in the process, your insurer will be liable.

    That may seem unfair. But, in reality, it's a relatively low probability >>> event, so your insurer is not at particularly great risk as a result of that

    Is there any legal protection to prevent your insurer from putting the >>premiums up as a result of being a victim of theft?

    No. And nor should there be. It is entirely reasonable of insurers to have policies which incentivise their customers to take reasonable precautions. And most insurers also offer a protected no claims discount which covers cases where the customer is not only not at fault but could not reasonably have taken any practical steps to avoid or mitigate loss.

    AIUI, a protected NCD does not protect you from the insurer just
    jacking the base premium up before applying the NCD.

    --- Synchronet 3.21b-Linux NewsLink 1.2