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nickverwood
Member Since: 26 Sep 2010
Location: Dorset
Posts: 39
 
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| Should I inform insurance company after no fault accident? |
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Someone drove into the back of me this evening. We had braked quite suddenly due to the car in front of us deciding to turn into a lay by at the last minute. But in the pouring rain the unfortunate soul behind us just skidded straight into us.
The towing point bore the brunt of the collision, caving in the front of the KA that went into us.
Due to the fact we were all on the brow of a hill, in the forest, in the dark I called the police to make sure the other car was moved safely.
No injuries fortunately.
Two questions:
1. While the damage to our car looks superficial (minor damage to the rear bumper) should I get it checked out professionally to ensure nothing unseen has happened?
2. Should I contact my insurers to let them know or do I rely upon the other party to contact theirs?
The problem is the other car was driven by an early 20's girl on her own (her Dad came along afterwards and seemed fine). I assume the old KA will be a write off so don't know if they will even want to get their insurers involved.
Obviously I want to make sure my car is fully OK, but don't want to end up with an increased premium as a result (even though I was not at fault). This is especially so as I am about to insure another car for my 17 year old daughter who is about to start to learn to drive!
Thanks.
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 3rd Jan 2014 11:18 pm |
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Iguana
Member Since: 14 Oct 2013
Location: 'Sunny' Zomerset
Posts: 9402
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Sorry to hear that, but I would inform you insurance company as they do ask if you've had an accident, and they may not pay out if you need to make a claim in the future (they will always look for a way of not paying out).
Finally, worth getting I checked as well, as although a big solid lump, you may Ave missed something.
Cheers  Iggy/Ieuan
Current LR =
2015 RR Sport Autobiography
&
1992 Land Rover Defender Camper
- Gone but not forgotten:
MY10 D4 GS
MY05 Disco 3 'S'
MY14 FL2 HSE manual in Blue
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| 3rd Jan 2014 11:26 pm |
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dingdongs
Member Since: 30 May 2012
Location: St. Lawrence Bay Essex
Posts: 186
  
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if you can get yours done for a few hundred quid by yourself it may be woth the other party paying for your damage as they will have an excess to pay for on their insurance.if damage is major to your vehicle may be best to go down insurance route but this will be declared and may effect your no claims till sorted which will in effect tarnish your record for a while even though you are the innocent party.ring her father and see what the excess will be.
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| 3rd Jan 2014 11:28 pm |
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Bobs
Member Since: 29 Oct 2013
Location: Manchester
Posts: 2330
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| Report to the police as well |
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I know it sounds bizarre.... but they still want to know...
But your supposed to by law report any accident to the police and then if the other party says she knows 'nothing of the accident' its on record ....
I was in a similar accident two years ago .... only us two on the road when he rammed me in a van ....
His emloyer Mr Gupta said no one was driving at the time when my insurance contacted him 
Police went to see the driver and he gave a statement confirming everything ... D4 Front upgrade/cut back wings n things 'taking a long time but getting there'.
D4 rear upgrade - Narpys helped with that bit
Flack for problem solving and D4 Bluetooth Install/ D4 Heated Steering wheel with Flappy paddles n BBS enabling kit
Disco Mikeys work - Serviced, EGR blanking and 4x4 software upgrade, 3 flash indicators.
B.A.S - FBHIC. Uncle Rays spare wheel protector. Beanie Silver Black badges.
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| 3rd Jan 2014 11:31 pm |
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lespes
Member Since: 17 Sep 2009
Location: Sitting Down
Posts: 2232
 
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If you notify your insurers, your premium is likely to rise next time regardless.
Apparently you are more at risk having an at fault accident if you have had a non-fault accident.
If they report it your insurers will contact you or the other parties insurers will contact you.
If that happens just report it as normal, nothing lost.
It is not against the law to not or delay reporting it to your insurance company.
But as said above Insurers love to know everything D4 Landmark MY16 Santorini Black THE LAST
D4 HSE MY12 Marmais Teal: Gone. Missed a lot!
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Now demoted to a VW
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| 3rd Jan 2014 11:31 pm |
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Bobs
Member Since: 29 Oct 2013
Location: Manchester
Posts: 2330
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Depends 
Section 170 of the Road Traffic Act 1988 requires drivers/ riders to report to a police officer or police station that they have been involved in an accident involving in any of the following;
any personal injury
damage only, where the other driver/ rider did not stop
damage only, where names and addresses were not exchanged with the other driver/ rider/ cyclist and any other owner of property damaged (even if the other driver stopped) D4 Front upgrade/cut back wings n things 'taking a long time but getting there'.
D4 rear upgrade - Narpys helped with that bit
Flack for problem solving and D4 Bluetooth Install/ D4 Heated Steering wheel with Flappy paddles n BBS enabling kit
Disco Mikeys work - Serviced, EGR blanking and 4x4 software upgrade, 3 flash indicators.
B.A.S - FBHIC. Uncle Rays spare wheel protector. Beanie Silver Black badges.
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| 3rd Jan 2014 11:35 pm |
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Disco_Mikey
Member Since: 29 May 2007
Location: Dundee, Scotland
Posts: 20767
 
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Have it checked by a garage/bodyshop first, for any hidden damage.
I know of a D3 locally, that was hit by a small van. At a quick glance, it needed a lower tailgate, rear 1/4 repair, rear bumper and a taillight. After having a closer look on a ramp, the rear crossmember was bent, the chassis leg had been pushed forward so far, that it bent the chassis, and the rear suspension was sitting all uneven... My D3 Build Thread
TDV8 Retrofit Build Thread
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| 3rd Jan 2014 11:36 pm |
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Farmer Chalk
Member Since: 07 Mar 2013
Location: Independent Republic of Kentishshire.
Posts: 4162
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I'd check your car and have a deal with the Dad if need be....
Two reasons...
1. You're going to be in the same position as him soon...
2. But more important.. All the time this takes to settle officially you have an unsettled claim whether or not you are at fault or not... Insurers view this as an accident when rating you or renewing any policy you may have and therefore you will be penalised come renewal...
I say this from experience...wifey had an accident in similar circumstances whereby a foreign driver rear ended her whilst she was stationary... Damage minimal but took 2.5 years to finally settle the repair bill. There was no personal injury...
Our insurance renewal went up for the next two years until our insurer was renumerated....
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| 3rd Jan 2014 11:40 pm |
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character
Member Since: 01 Jan 2008
Location: wiltshire
Posts: 5781
 
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IN ALL CASES inform your insurer asap....its then up to them whether they take it any further.
a) Did the police attend? If so you'll need the "incident no" or at worst the log number from plod
b) Were you able to take any photos of the two vehicles attached to one another? If not then worth getting photos tomorrow of a) the incident scene b) damage to her vehicle c) damage to yours
c) I assume you've both exchanged details etc
d) get the vehicle assessed by LR or your insurer as soon as rather than assume all is ok
Just as a footnote and from experience a few things could/will happen:
1) Given that you and her father might assume that the level of damage is far less on your car than his daughter's, it would be quite possible for the other party to claim that it was your fault in the hope that with the lack of independent witness, the ploy may be to get a "knock for knock" settlement ie YOU PAY FOR HER DAMAGE AND SHE WILL PAY FOR YOUR DAMAGE....
2) It might be that her father contacts you directly to settle without insurance claim in order to save her NCB which might lead one to believe that her father or other relative is the "main policy holder" and that his daughter is a "named" driver but using the vehicle 100% of the time aka insurance fraud. Therefore if you are going over to take some photos of the damage to her KA, be worth just taking some photos of the inside particularly of there are things like girlie steering wheel, gear leaver, pinks cushions, air freshners etc etc.
3) From experience one again, you ARE GOING TO HAVE A CLAIM FOR WHIPLASH going to your insurers from a claims management company on her behalf....she has nothing to loose and all to gain afterall she has to buy a new car!!! This will be come evident quite soon after no.2) OR if they dispute who was at fault for reasons of no 1)
EXAMPLE JUST RECENTLY
May 2013, driving my D3 with empty car trailer on to a motorway slip from M4 west on to M5 south. Road widening was still going on so traffic cameras and 50mph. Elderly chap in 2012 fiesta, already in lane 2 decides to move in to lane 1 shortly after my slip road joined his motorway. My D3 had past him, he then indicates to move into lane 1 but has failed to see my 23ft trailer (due to lack of awareness) so just comes over and scrapes his NSF bumper, wing and door panel on the edge of my galvanised steel car trailer. At the roadside the old boy accepts liability and claims "he did not see the trailer"...I say ok, no issues for me, just a bit of his paint on the side of me trailer....I leave it to him. Weeks later we get a request from our insurers regards the incident and that now he claims WE MOVED OUT OF LANE AND SCRAPED HIS CAR with the end of our trailer as we passed him. Initially I insurer wanted to settle "knock for knock" IE we pay £2300 to him and he pays me nothing!!!!!
We took photos at the scene of his and my car, weather conditions etc and was able to demonstrate that the paint residue on our trailer was only on the OSF edge of our trailer and therefore this showed that the other side had been telling porkie pies in order that he'd get his car paid for by us FOC 
So the moral of the story, get AS MUCH PHOTOGRAPHIC EVIDENCE YOU CAN AT THE TIME OR AS SOON AFTER AND DONT ASSUME THE OTHER SIDE ARE UPSTANDING MEMBERS OF THE COMMUNITY - THEY WILL FIGHT TOOTH AND NAIL TO GET OUT OF IF AS SHE IS A YOUNG DRIVER
Last edited by character on 4th Jan 2014 12:03 am. Edited 3 times in total
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| 3rd Jan 2014 11:45 pm |
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nickverwood
Member Since: 26 Sep 2010
Location: Dorset
Posts: 39
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Thanks for the quick replies all. Would it be best to take the car to the local dealer to check - I guess they are the ones likely to be most thorough (on the look out for work!), but also ones against whom I would have most come-back if something comes out later.
As one of you mentioned, I will be in this poor father's position soon, so I don't want to shaft him (or her) but nor do I want to find hidden damage later. However, nor do I want my premium going up unnecessarily.
Damned if I do, damned if I don't by the sound of it!
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| 3rd Jan 2014 11:46 pm |
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character
Member Since: 01 Jan 2008
Location: wiltshire
Posts: 5781
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Look forget the sympathy.....she was driving without due care....forget her father /daughter being shafted......the insurance company with have no issue taking money off you if it mitigates their losses......HENCE LEAVE IT TO YOUR INSURER, they are far less emotionally involved.
Do not attempt to mitigate the situation by taking any view other than a play it cool, do not agree to anything and tell them it will be your insurance company handling it.
BTW, might be worth seeing if your policy includes your own claims management company
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| 3rd Jan 2014 11:57 pm |
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Bobs
Member Since: 29 Oct 2013
Location: Manchester
Posts: 2330
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Had two accidents 'non fault ' ..... rather than use my own words this is from Which ....
The main thing it'll be a condition of your insurance to report it to them ... and they can cancel your policy or not pay out if you dont tell them ... 
However, you do have to inform your insurer if you've been in an accident. You should send your insurer a letter telling them what's happened.
But make it crystal clear that its for ‘information only’ and that you don’t wish to make a claim. This should ensure your insurer doesn’t settle with the other party's insurer] without your knowledge.
Even if there was no personal injury involved, if someone holds you responsible for the accident they have the right to request your insurance details.
This request can be made later and not necessarily at the time of the accident. A failure to provide your insurance details without a reasonable excuse is also an offence. A reasonable excuse would constitute having suffered an injury at the time of accident.
It will also be a condition of your insurance policy that you report the accident to your insurance company within a reasonable time, even if you don’t want to claim yourself.
What is considered a reasonable amount of time differs between policies. You should check the terms and conditions of your policy, but if it doesn't state the timeframe, try to do it as soon as possible. D4 Front upgrade/cut back wings n things 'taking a long time but getting there'.
D4 rear upgrade - Narpys helped with that bit
Flack for problem solving and D4 Bluetooth Install/ D4 Heated Steering wheel with Flappy paddles n BBS enabling kit
Disco Mikeys work - Serviced, EGR blanking and 4x4 software upgrade, 3 flash indicators.
B.A.S - FBHIC. Uncle Rays spare wheel protector. Beanie Silver Black badges.
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| 4th Jan 2014 12:01 am |
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tim8762
Member Since: 06 Dec 2012
Location: Bucks
Posts: 83
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I would vote for telling your insurance company as other have said its going to protect you if the worse case happens and there is other damage or a claim against you, I'm sure it will be in your t&c's od your policy that you have to notify them of any incident irrelevant of it anyone intends to claim.
If they are anything like mine then they will then use that to put your premiums up though, I was sat in my car parked engine off and I was hit by another car the very apologetic other driver wanted to pay for my damage without the insurance companies involved which I was happy to do but just to cover myself I told my insurance company. other driver did pay and no claim was ever made although they tried to add a premium of £100 directly attributed to that incident when I went to renew.
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| 4th Jan 2014 12:03 am |
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alltnaha
Member Since: 21 Feb 2007
Location: London
Posts: 249
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Quote:However, you do have to inform your insurer if you've been in an accident. You should send your insurer a letter telling them what's happened.
But make it crystal clear that its for ‘information only’ and that you don’t wish to make a claim. This should ensure your insurer doesn’t settle with the other party's insurer] without your knowledge.
Exactly. This is what I did and it worked in the sense that - due to me being insistent I was not making a claim - I had no premium increase.
Having said that the key to all this is what your insurance policy says as that is the contract which governs the legal relationship. What none of the above posters have done ( and I include me ) is to check what their policy says.
English law only prescribes certain things or cover as a matter of law eg 3rd parties.
But if there is no absolute requirement to inform a no fault accident on your part then fine and as set out above there is no duty in criminal law to inform the police if no personal injury etc.
Finally - a warning for those approached by the claims management fraudsters sorry industry.
The courts are being very circumspect as to enormous claims eg for credit car hire for say £14,500 when the car is worth £5,000 and the damage costs £2,350 to repair and massive solicitors' charges say £25,000 for the above claims and simple whiplash claim which is on average worth around £1,200.
So basically if you sign up to one of these agreements you could get fleeced. So who sold your details......??
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| 4th Jan 2014 2:57 am |
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character
Member Since: 01 Jan 2008
Location: wiltshire
Posts: 5781
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"so who sold your details..."
PC plod will do, expect text messages to come thru yours and the other drivers mobile within 72 hours from claims management firms
one of my own TWO incidents last year (non fault, well not my fault that is and yet to be settled), Thames Valley sold my details on after they attended the incident
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| 4th Jan 2014 3:15 am |
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