Minor RTA - Settling outside insurance. Any advice?
Discussion
My son has had a minor coming together of body panels with another driver. No injuries - body damage to both cars is light scuffs and scratches and broken wing mirror.
I'd guess fault was 50:50 from his description. Narrow country lane and everybody rat running round roadworks on main road. However the other driver has two hostile witnesses following behind in another car - believed known to the other driver - who maintain he is entirely to blame.
Other driver has offered to accept cash payment for her damage rather then go through insurance. Son's excess is £1000 so is pleased to accept offer of settling for £600. Not worth repairing my son's car. Just needs a new indicator from scrapyard.
We've prepared a letter stating the facts of the accident and agreeing to pay for damage to other driver's car without any admission of liability. Also stated that acceptance of payment is in full and final settlement and no further claim can be made at anytime in the future.
Is this a plan or are we being incredibly foolish?
Ovet to you Chaps
I'd guess fault was 50:50 from his description. Narrow country lane and everybody rat running round roadworks on main road. However the other driver has two hostile witnesses following behind in another car - believed known to the other driver - who maintain he is entirely to blame.
Other driver has offered to accept cash payment for her damage rather then go through insurance. Son's excess is £1000 so is pleased to accept offer of settling for £600. Not worth repairing my son's car. Just needs a new indicator from scrapyard.
We've prepared a letter stating the facts of the accident and agreeing to pay for damage to other driver's car without any admission of liability. Also stated that acceptance of payment is in full and final settlement and no further claim can be made at anytime in the future.
Is this a plan or are we being incredibly foolish?
Ovet to you Chaps
Or at the least, spreading her costs 50/50.
However, if her excess is low then she has no reason to buy that.
It will likely save your lad money in the long run, even the short run, to just get it sorted out. In that light, perhaps ask if she would at least pay the equivalent of her excess if she won't bite for 50/50.
Best luck.
However, if her excess is low then she has no reason to buy that.
It will likely save your lad money in the long run, even the short run, to just get it sorted out. In that light, perhaps ask if she would at least pay the equivalent of her excess if she won't bite for 50/50.
Best luck.
GeraldSmith said:
Confused as to why you are paying £600 if was 50:50, surely each paying their own damage would be the fair outcome...
Sorry, read your second paragraph as meaning that the witnesses were hostile to the other driver.Personally I'd go through insurance, it's what it is there for and then when the whiplash claim comes in they can deal with that as well and of course he should declare the accident to his insurance company even if he doesn't claim. Obviously he could choose not to do that but it could invalidate his insurance if he doesn't. How would they know? Well the obvious way is if the other driver has notified their insurance company of a possible claim.
GeraldSmith said:
Confused as to why you are paying £600 if was 50:50, surely each paying their own damage would be the fair outcome...
Other driver has (independent) witnesses who say accident was all my son's fault. That may or may not be the case. He has no witnesses to counterclaim. If he goes through his insurance it'll cost him £1000 excess and loss of some of his NCD.Suspect £600 is not true cost of damage - it was a 6 month old Bentley Convertable he swiped with his battered old Skoda
Jaguar steve said:
Other driver has (independent) witnesses who say accident was all my son's fault. That may or may not be the case. He has no witnesses to counterclaim. If he goes through his insurance it'll cost him £1000 excess and loss of some of his NCD.
Suspect £600 is not true cost of damage - it was a 6 month old Bentley Convertable he swiped with his battered old Skoda
Suspect £600 is not true cost of damage - it was a 6 month old Bentley Convertable he swiped with his battered old Skoda
I would be going through insurance if he hit a motor like thatBe aware that if you settle outside insurance and the other party decides they've got whiplash in a few days time, your son will be personally liable for any medical bills and his insurance wont want to know.
It might be worth drafting up a contract of sorts, saying you both agree to settle privately, and both parties understand that costs associated with injuries as a result of the accident are the responsibility of the party. Or something like that...?
It might be worth drafting up a contract of sorts, saying you both agree to settle privately, and both parties understand that costs associated with injuries as a result of the accident are the responsibility of the party. Or something like that...?
jimxms said:
Be aware that if you settle outside insurance and the other party decides they've got whiplash in a few days time, your son will be personally liable for any medical bills and his insurance wont want to know.
It might be worth drafting up a contract of sorts, saying you both agree to settle privately, and both parties understand that costs associated with injuries as a result of the accident are the responsibility of the party. Or something like that...?
Contract is exactly what we have done. Need to make sure it's absolutely watertight 'tho and excludes any possibility of further claims - hence posting asking for PH thoughts and advice It might be worth drafting up a contract of sorts, saying you both agree to settle privately, and both parties understand that costs associated with injuries as a result of the accident are the responsibility of the party. Or something like that...?
Simon_m said:
Jaguar steve said:
Other driver has (independent) witnesses who say accident was all my son's fault. That may or may not be the case. He has no witnesses to counterclaim. If he goes through his insurance it'll cost him £1000 excess and loss of some of his NCD.
Suspect £600 is not true cost of damage - it was a 6 month old Bentley Convertable he swiped with his battered old Skoda
Suspect £600 is not true cost of damage - it was a 6 month old Bentley Convertable he swiped with his battered old Skoda
I would be going through insurance if he hit a motor like thatEdited by LooneyTunes on Tuesday 3rd January 08:42
xRIEx said:
If he's scratched up a 6 month old Bentley, how come they're happy to settle for £600? Something's not right there, shirley?
My thoughts exactly - maybe she's not insured? Disqualified? Could be an elaborate scam. Who knows? Could call her bluff and refuse to part with cash, but if it goes through insurance it'll leave my son much worse off.Jaguar steve said:
Contract is exactly what we have done. Need to make sure it's absolutely watertight 'tho and excludes any possibility of further claims - hence posting asking for PH thoughts and advice
One thing to be wary of is whether you can contract contract out of your rights in this area, if you have a right at law to do something a contract under which you agree not to do so isn't (or may not be) binding. I don,t know if it applies in this case but my fear would be that they could bring a personal claim, for example, even if they had agreed not to.
£600 cash or £1,000 excess, for the extra £400 I'd want peace of mind and then there's the element of calling their bluff on what seems a bit of a fishy situation.
He still needs to declare the accident and I wonder whether a young driver with a £1,000 claim or a £4,000 claim (random figures) would make much difference in the long run.
6 months old Bentley only requires a biggish door ding to end up costing that at a Bentley dealership, I'd have thought.
He still needs to declare the accident and I wonder whether a young driver with a £1,000 claim or a £4,000 claim (random figures) would make much difference in the long run.
6 months old Bentley only requires a biggish door ding to end up costing that at a Bentley dealership, I'd have thought.
Really, by making payment you are already accepting liability so no point in trying to make out documents to releive that.
I would not put anything in writing other than a note signed by both parties to say that there was some minor damage done to the TP car and that a goodwill gesture of £600 will be paid and that the matter of liability and compensation is considered closed and settled in full at £600.
Son should feel very bloody relieved that hes getting away with £600 TBH.
I would not put anything in writing other than a note signed by both parties to say that there was some minor damage done to the TP car and that a goodwill gesture of £600 will be paid and that the matter of liability and compensation is considered closed and settled in full at £600.
Son should feel very bloody relieved that hes getting away with £600 TBH.
The excess is what your insurers would deduct if you make a claim for an at fault accident to or theft of or from your own vehicle. This includes a claim where your vehicle has been damaged by a third party and the third party is either uninsured or not known - basically hit & run.
Not what you would have to pay to the other party in an accident, at fault or not.
In your accident your son will have to pay £ZERO out of his own/your pocket as there is no claim for damage to his car.
It will obviously affect his NCD at renewal.
I would let your insurers deal with this, as others have said you don't know what they could drop on you later.
Have a look at the FAQ section on here:
http://www.lv.com/insurance/car_insurance/How-to-m...
Not what you would have to pay to the other party in an accident, at fault or not.
In your accident your son will have to pay £ZERO out of his own/your pocket as there is no claim for damage to his car.
It will obviously affect his NCD at renewal.
I would let your insurers deal with this, as others have said you don't know what they could drop on you later.
Have a look at the FAQ section on here:
http://www.lv.com/insurance/car_insurance/How-to-m...
Edited by paintman on Tuesday 3rd January 12:41
paintman said:
The excess is what your insurers would deduct if you make a claim for an at fault accident to or theft of or from your own vehicle. This includes a claim where your vehicle has been damaged by a third party and the third party is either uninsured or not known - basically hit & run.
Not what you would have to pay to the other party in an accident, at fault or not.
In your accident your son will have to pay £ZERO out of his own/your pocket as there is no claim for damage to his car.
It will obviously affect his NCD at renewal.
I would let your insurers deal with this, as others have said you don't know what they could drop on you later.
Have a look at the FAQ section on here:
http://www.lv.com/insurance/car_insurance/How-to-m...
This is the correct answer.Not what you would have to pay to the other party in an accident, at fault or not.
In your accident your son will have to pay £ZERO out of his own/your pocket as there is no claim for damage to his car.
It will obviously affect his NCD at renewal.
I would let your insurers deal with this, as others have said you don't know what they could drop on you later.
Have a look at the FAQ section on here:
http://www.lv.com/insurance/car_insurance/How-to-m...
Edited by paintman on Tuesday 3rd January 12:41
To those suggesting a contract which excludes further claims, this is not going to happen. You can not sign those rights away and any paper with that written on it is not an enforceable contract.
For info a 6 month old Bentley will cost an absolute fortune to fix, no matter how small the damage. Bumpers run to £1000s and given the nature of cars crumple zones today often need replacing as they are about as robust as an egg shell. Paintwork on the body will be equally pricey.
Given there are two witnesses both of whom see it as your son's fault, there is little point in arguing the toss over liability, unless it can be easily proven that they are not independent.
STHi said:
paintman said:
The excess is what your insurers would deduct if you make a claim for an at fault accident to or theft of or from your own vehicle. This includes a claim where your vehicle has been damaged by a third party and the third party is either uninsured or not known - basically hit & run.
Not what you would have to pay to the other party in an accident, at fault or not.
In your accident your son will have to pay £ZERO out of his own/your pocket as there is no claim for damage to his car.
It will obviously affect his NCD at renewal.
I would let your insurers deal with this, as others have said you don't know what they could drop on you later.
Have a look at the FAQ section on here:
http://www.lv.com/insurance/car_insurance/How-to-m...
This is the correct answer.Not what you would have to pay to the other party in an accident, at fault or not.
In your accident your son will have to pay £ZERO out of his own/your pocket as there is no claim for damage to his car.
It will obviously affect his NCD at renewal.
I would let your insurers deal with this, as others have said you don't know what they could drop on you later.
Have a look at the FAQ section on here:
http://www.lv.com/insurance/car_insurance/How-to-m...
Edited by paintman on Tuesday 3rd January 12:41
To those suggesting a contract which excludes further claims, this is not going to happen. You can not sign those rights away and any paper with that written on it is not an enforceable contract.
For info a 6 month old Bentley will cost an absolute fortune to fix, no matter how small the damage. Bumpers run to £1000s and given the nature of cars crumple zones today often need replacing as they are about as robust as an egg shell. Paintwork on the body will be equally pricey.
Given there are two witnesses both of whom see it as your son's fault, there is little point in arguing the toss over liability, unless it can be easily proven that they are not independent.
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