Car Accident. Advice Please

Your husband cannot avoid some liability. The general rule is that everyone should drive in such a way that they can stop or avoid a hazard. If you or your children were injured then you can claim against your husband. He will lose his no claims discount anyway. I suggest that you contact a specialist personal injury lawyer for further advice.

I hope i am posting in the correct place. Could any one advice on a accident i have had today.
Today i took my husband out for a driving lesson, naively with L plates on and insuring him on the car i thought would be fine. Provisional licence yet to be sent of for. I am extremely angry at myself for overlooking this and i should have known.

I have been driving, 10 years, no accidents and a full UK licence.
Unfortunately whilst on driving lesson we were hit from behind by a van. Both quite shook up but no obvious injuries. I got out and spoke to the driver in the van. He was very apologetic and said it was his fault. Once we established everyone was ok we drove to a safe place and exchanged details. He phoned he manager as he was at work in a works van, explained he had gone into the back of someone. His manager advised him to stay where he was and i drove home.
I contacted the company to check the other driver was ok and to ask for the reg number as i hadn't taken it at the time of the accident.
He let me know that as a large reputable company all will be fine and also gave me a reference number having already contacted there insurance.

I am extremely worried and have not yet done anything as i do not know how to proceed. Myself and my husband have experienced slight nausea and headache since the accident. I am slightly concerned that we may have suffered slight injuries and i am also concerned at the state of my car. Mostly i am concerned of any consequences of the provisional licence and should i ring my insurance or accept the damage on my car and hope for the best regarding any injuries.

Phone the other driver's insurance company and tell them that it was their driver's fault. Ask them to repair your car. Tell them about the headaches and indicate that you might be making an injury claim if it gets worse. In a week or so you will know more about your injuries and can contact them again to discuss that aspect of it (or if you are okay then you can forget about it).

They should be happy to deal with you direct without having to pay legal fees so hopefully they will repair your car and make an offer of a few hundred pounds each for minor whiplash, if applicable.

Despite the driver admitting fault it is not necessarily the case that liability will be admitted by the insurer. If liability is not admitted then seek advice from a specialist personal injury solicitor.

It is unlikely that the other insurer will start digging into your own insurance affairs. It is actually not their business and does not affect your claim against them in any way.

As regards your own insurance there are three things:

first, if you incorrectly told them that your husband had a licence when you took out the cover (or added him to your cover) then they could cancel your insurance. They could suggest that you have fraudulently added to the cover by lying to them.

second, it is a condition of your insurance that you report all accidents to them even if you are not asking them to assist with a claim.

third, if you have another accident and it is your fault or your husband's fault then your insurer will be notified of any claim made against you. If they find that you have breached the policy conditions or that the cover was set up based on false information they can come after you for any money that they pay out to the innocent driver. Alternatively in some circumstances they can refuse to recognise the cover and one way or another you will be expected to pay the other sides damages and costs. The point of this is that you need to make sure that your cover is now correct.

Thank you for your reply.

I have called my insurance to take of my husband until we have his provisional licence in place. Totally my error as i said i though we were fine with insurance and L's. My insurance did ask me the date my husband got his provisional and i said i wasnt sure but was around end of January. I didn't realise this was only when my husband had sent of for it. miscomunication between me and my husband...busy hectic life, kids etc....
I had told my insurance the day i added him on i would call and confirm the date on it. The accident prompted my asking the husband who informs me yet to even be sent off.
I feel i have done wrong with the insurance, yet just a series of misfortune.
I still have done nothing as in a state pf panic.

I feel if i ring my insurance they will ask who was driving and i could in no way lie. I am scared of the consequences on saying that the driver did no have his provisional in place. I though on calling the other drivers insurance but feel they will also ask who was driving and once they realsise he had no provisional, again i do not know of the consequences.

can any more light be shed or any further help will be greatly appreciated.

Thanks again.

There are two separate issues here :

first is your dealing with the other insurance company. The advice that I gave still stands. Your licensing and insurance details are not their concern. Ask them to fix your car.

second is your own insurance company. It is a condition of your policy that you tell them about any accidents. As you have now fixed the problem with the policy it might be best to simply tell them what happened and to make clear that it was a mistake. If you lie to them or fail to report the accident it is possible that this will subsequently come to light and it could cause you even more problems and cost you more money in the long run.