Advice required following an accident

[kid-jensen]

Guys,

After an accident, have any of you successfully dealt with the other person's Insurance company without involving your own?

I'm in this situation now, I am already being royally screwed every year by my own insurance company so I don't want to loose my NCD and give them an excuse to jack my premium up.

The other person's Insurance company are asking for my insurance details, but as far as I am aware, I don't have to give them up at all, because the "argument" is between me and the other driver (silly cow in a Lexus).

Be interested to hear any relevant experiences you may have had........

We all know how boring it is listening to other peoples accident stories, but as I'm still wound-up about it, here it is anyway:

Parked in a side-road parking bay outside my daughters school.

I indicated and pulled out to do a three-point-turn. The second part of a three point turn involves reversing back across the road so that you can then do the third part. What I hadn't bargained for was that in the time it took me to pull across the road (about one second), the silly cow in the Lexus had shot into "my" parking bay. I then reversed back and banged into her front wing.

With my hand on heart I can't say whether she was moving when I hit her or not. My contention is that she shouldn't have jumped into the parking bay when I was clearly in the process of a three-point-turn. I guess her contention is that I should have been looking more carefully before reversing...........

My first thought is to just pay-up and not tell my insurance company, but the bill may be enormous. Can I, as an individual ask the SCIAL to provide me with a couple of quotes so that I can decide? If the bill's too big I'll have no choice but to involve my company, but this would be a last resort.

Any help much appreciated............(unsurprisingly, there's no damage to my coupe)

 

[Spike]

I am no lawyer but I think you are abliged by law to provide insurance details when requested.

Perhaps Guy may step in for the definative answer here....

IMO, I dont think this accident is going to be cut and dry. I suspect that in the end the insurance companies will go split liability and hence both parties will lose their no-claims (saving the insurance company money next year and the year after etc etc)

I am also under the impression (certainly with my policy at least) that even if you do not make a claim, you need to declare the accident to your insurance company. Witholding this information could possibly invalidate any future insurance claim.

If I were you I would go to a local solicitor and have a quick 15 minute consultation to get a definitive answer before going any further on this one.

All the best.

 

[dave elcome]

Paul.

This might help. (sorry its long winded)

Section 170 Road Traffic Act 1988
DUTY OF DRIVER TO STOP, REPORT ACCIDENT AND GIVE INFORMATION OR DOCUMENTS

1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road, an accident occurs by which -
(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
(b) damage is caused -
(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land

(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned.in section 165(2) of this Act -
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it, the driver must report the accident and produce such a certificate or other evidence. This subjection does not apply to the driver of an invalid carriage.

(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver -
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident

(7) A person who fails to comply with a duty under section (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within seven days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8) In this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog.

[Road Traffic Act 1988, s 170 amended by the Road Traffic Act 1991, Sch 4].

 

[Guy]

Paul,

Firstly, commiserations....

Perhaps Guy may step in for the definative answer here....

Not definitive by any means - not my area of expertise! But FWIW, I think Spike and Dave are right; however you should see someone personally so as to feel sure.

IMHO Spike is right about the following -

I am also under the impression (certainly with my policy at least) that even if you do not make a claim, you need to declare the accident to your insurance company. Witholding this information could possibly invalidate any future insurance claim.

And BTW, doesn't the Road Traffic Act make for great bedtime reading? (No offence Dave, I know you didn't draft it) Makes it pretty clear you should give it up... :cry:

So it seems that even if you pay yourself for the damage to the Lexus, you would risk invalidating your policy of insurance if you failed to declare the fact of the accident to them. It is plainly a relevant matter to the insurers, and they can avoid the policy altogether if they discover that you have withheld relevant information.

Suggestion - tell your insurance company; ask them if you will lose NCB if you pay for damage yourself; if not, do the maths of NCB/repair; decide.

To ask for 2 quotes seems fair to me, but I don't know if you can make her. Why not ask her insurance company if they will provide 2 ?

Glad you haven't lost your sense of humour - I liked SCIAL :lol: :lol:

 

[leith]

Paul G: commiserations but "silly cow" was AOK, minding her own biz and trying to park. Second guessing your behaviour was not her biz and, bluntly, you should watch out for kids on trikes, dogs, or silly cows in or out of their cars, which is your duty.
Seems to be no harm in a "sorry" on the spot and paying or claiming as you wish. You'd feel better.
Insurance companies, as always, want it all ways. They do not want to pay up, especially if you or any-one else is prepared to, and if they find out will claim that you should have told them as you became a "bigger risk" the moment you hit "silly cow"...notwithstanding that you indemnified them by paying up....So tell them you had a fender banger with a parked car (even though it may be all but dangerous driving!)
and paid up on the spot.

Whatever you choose to do, if you have a big one later some smart A'd lawyer will make out you did something, or did not do something, which will invalidate your big claim. Lawyers will then chew on that for days
at a price probably in excess of any possible claim.

I'd also have told the cops and got a report number out of them (they'll be disinterested, but get that number!) so she cannot get at you by claiming you drove off.

 

[kid-jensen]

For anyone still interested,

The SCIAL has come back to me with an estimate.

It must be my eyesight, because I could have sworn that there was absolutely no paint damage, and the lower section of the wing was just moved in by about 3-4 mm. (Quick re-align job)

It turns out (according to the SCIAL) that I am mistaken, it is actually FOUR panels that need replacing, at a cost of 700 quid!!

I think I'm being screwed, and I'll probably not get any chocolate or flowers in the morning.......

Anyway, the situation is that instead of presenting me with a reasonable bill and having me pay-up no problem, she will now be dealing with my Insurance company who are a bunch of tight-fisted sharks and will give her endless aggravation.

There's no justice in this world........ :wink: