
As an RTA insurer, your primary responsibility is to provide fair and timely compensation to claimants. This involves assessing the extent of damages or injuries sustained in a road traffic accident.
Your insurer's duty is to investigate claims thoroughly, gathering evidence and expert opinions to determine liability. You must also comply with the relevant laws and regulations governing RTA claims.
You have a legal obligation to act in good faith and provide claimants with accurate information about their rights and entitlements. This includes informing them of the claims process and any necessary documentation.
Your insurer's decision-making process must be transparent and free from bias, ensuring that claimants receive a fair outcome.
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Liability and Judgment
Your son is indeed liable for the damage caused in the accident, as the car was still insured under his policy at the time of the incident.
This means his insurance company must pay out for the damage and all legal costs associated with the claim.
The new owner of the car, who was uninsured and at fault, received a small fine and points on his driving license, but this has no bearing on your son's liability.
Your son's situation highlights the importance of promptly canceling insurance policies when selling a vehicle.
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Extended Liability for Unidentified Drivers

Your insurance policy remains active even after selling a car, which can lead to unexpected financial burdens.
In the case of the car accident mentioned earlier, the new owner was uninsured and received a small fine and points on his driving license.
This highlights the importance of cancelling insurance policies promptly after selling a vehicle to avoid extended liability.
The insurance company must pay out for damages, and the policyholder is responsible for legal costs, as seen in the example of the son who sold his car but forgot to cancel the insurance.
The policyholder may not be present at the accident, but they are still liable for the damages and costs incurred.
In this situation, the policyholder may want to consider seeking advice from their insurance provider or a lawyer to understand their options and potential outcomes.
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Insurers' Duty to Satisfy Judgment Against Insured
Insurers have a clear duty to satisfy judgments against their insureds, as stated in the article section "Judgment Against Insured: Insurer's Obligation". This duty is not optional, but rather a contractual obligation that insurers must fulfill.
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An insurer's failure to satisfy a judgment can lead to serious consequences, including damage to their reputation and potential lawsuits against them. Insurers must take all necessary steps to ensure that judgments against their insureds are paid in full.
The insurer's duty to satisfy a judgment is not limited to the amount of the judgment, but also includes any interest or costs that may be associated with it. This means that insurers must pay not only the principal amount of the judgment, but also any accrued interest and costs.
Insurers must also take steps to collect from their insureds if they fail to pay the judgment, as stated in the article section "Collection from Insured: Insurer's Obligation". This may involve filing a lawsuit or taking other collection actions.
Ultimately, insurers have a critical role to play in protecting the rights of their insureds and ensuring that judgments against them are satisfied.
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Key Facts

The RTA insurer paid the claim without investigation in light of the prestige vehicles involved.
In this case, the RTA insurer admitted liability and made a £50K PAV payment.
The accident was reported to an accident management business, where the car was recovered.
GAP insurance was not considered by the RTA insurer, which might have been a financial motive for fraud.
The £30K GAP Insurance claim was presented once the £50K PAV payment was made.
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Commentary and Recovery
Staged accidents can be devastating for RTA insurers, and in this case, a clever scam was orchestrated by Mike, who was using the vehicle for prestige chauffeuring or other purposes.
Ron's downfall was foolishly agreeing to insure the vehicle in his name when it was really Mike who was to be the primary driver and custodian of the car. This led to Ron being liable to repay his RTA insurer including costs and expert report fees due to the fraudulent claim.

A GAP policy can make staged accidents attractive to opportunist fraudsters, as it pays off the finance with a bonus on top. This is exactly what happened in this case, where the RTA insurer had to pay out and then pursue recovery.
The RTA insurer, acting under a CFA, successfully recovered all monies paid out as part of this scam. This is a significant win for the insurer and a warning to others who might consider such a scheme.
Policy fronting, where someone else insures a vehicle without the owner's knowledge, doesn't pay off. In fact, it can lead to significant financial losses, as Ron found out.
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Car Insurance
Car insurance can be a real headache, especially when it's not your car anymore. Your son sold the car but forgot to cancel the insurance, and now he's being held liable for a third party's damages.
The insurance company will pay out for the damages because the car was still insured, but your son will have to cover the legal costs. This can be a huge burden, especially if he had nothing to do with the accident.

If the new owner of the car had insurance, the situation might be different, but in this case, he didn't, and he only received a small fine and points on his license. It's unfair that your son has to pay for someone else's mistakes.
Your son can try to dispute the claim, but it's unlikely to change the outcome. He'll still be liable for the damages and legal costs, even if he wasn't involved in the accident.
Frequently Asked Questions
What does RTA stand for in insurance?
RTA stands for Right to Appraisal, a clause in insurance policies that helps resolve disputes over loss payments. This clause provides a way to settle disputes without going to court.
What is Section 151 of the RTA?
Section 151 of the RTA requires insurers to pay judgments against policyholders who have caused third-party accidents. This section applies after a judgment is obtained against a policyholder who has caused harm to someone else.
Sources
- https://www.clydeco.com/en/insights/2017/05/insurers-section-151-rta-liability-extended-to-uni
- https://www.legislation.gov.uk/ukpga/1988/52/section/151
- https://www.crawco.com/blog/crawford-legal-services-recovers-70k-after-identifying-gap-insurance-fraud
- https://www.accident-claim-expert.co.uk/blog/car-accident-motor-insurance.html
- https://www.cbr.ru/eng/press/event/
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