Hit by a 4x4 - must I report it to Police/Insurance?
Discussion
Hi guys, I'm new here - I've been pointed in this direction as a good honest source of information.
Today, I was hit by a lady driving a 4x4. I was waiting to turn right out of my road, and she was reversing round the corner, INTO my road, and into my left front wing. I hooted, shouted etc but she still hit. Wing damage, paint damage to the door, door won't open - hopefully it's just bodywork. Nobody was hurt - the accident was at about 5mph.
Am I obliged to report the accident to either the Police or my Insurance? The lady would like to pay cash for the damage, but I'm worried that this would not be best, or legal. But I don't want MY insurance to be affected. I have an independant witness, by the way, to help my case.
I've not had anyone drive into me before, and I'm unsure what to do. Any advice would be greatly recieved.
Thanks all
Bob
Today, I was hit by a lady driving a 4x4. I was waiting to turn right out of my road, and she was reversing round the corner, INTO my road, and into my left front wing. I hooted, shouted etc but she still hit. Wing damage, paint damage to the door, door won't open - hopefully it's just bodywork. Nobody was hurt - the accident was at about 5mph.
Am I obliged to report the accident to either the Police or my Insurance? The lady would like to pay cash for the damage, but I'm worried that this would not be best, or legal. But I don't want MY insurance to be affected. I have an independant witness, by the way, to help my case.
I've not had anyone drive into me before, and I'm unsure what to do. Any advice would be greatly recieved.
Thanks all
Bob
If I was in this situation I would go through my insurance company. I think your obliged to inform your insurance company if you're involved in an accident, even if it's not your fault. There is no guarantee that your insurance won't be affected, but the fact you have an independent witness and the third party has offered you cash (something I'm sure her insurance company won't be too pleased about) sounds like you would be in a strong position. Also if the damage to your car is more extensive and more expensive than initially apparent, the other drivers offer of cash might not be so forth coming.
I had a non fault accident last year, third party admited blame at the roadside and my insurance company just put me through to angel assist and they sorted everything including hire car.
Just my thoughts others might say differently. Hope it all gets sorted OK without too much hassle.
I had a non fault accident last year, third party admited blame at the roadside and my insurance company just put me through to angel assist and they sorted everything including hire car.
Just my thoughts others might say differently. Hope it all gets sorted OK without too much hassle.
AGreed - there is no legal obligation to report this.
You might want to report it to your insurance company, making it clear that you are not making a claim at this stage. If for any reason she changes her mind (perhaps when she gets the bill!) then you would at least be able to claim then.
If you don't tell them now, they may decline to pay later - they may have a clause that says that all claimable accidents musr be reported to them immediately.
You might want to report it to your insurance company, making it clear that you are not making a claim at this stage. If for any reason she changes her mind (perhaps when she gets the bill!) then you would at least be able to claim then.
If you don't tell them now, they may decline to pay later - they may have a clause that says that all claimable accidents musr be reported to them immediately.
There's usually something in your insurance that states you must never admit fault until your insurance has agreed this - I know this isn't relevant to your side of things, but something i noticed in my most recent policy.
I owuld personally pass the details to the police, just in case - with my completely cynical head on, perhaps she isn't insured?
I owuld personally pass the details to the police, just in case - with my completely cynical head on, perhaps she isn't insured?
vonhosen said:
There is no legal obligation to report it to the Police, but it is a condition of your insurance that you report it to the insurance company.
Not so.
Had a young lady run into the back of me. Same day her insurance contacted me and accepted full liability. Contacted my insurance the following day and they told me that they weren't interested unless there was the likelihood of a claim by me or the other party.
kenp said:
vonhosen said:
There is no legal obligation to report it to the Police, but it is a condition of your insurance that you report it to the insurance company.
Not so.
Had a young lady run into the back of me. Same day her insurance contacted me and accepted full liability. Contacted my insurance the following day and they told me that they weren't interested unless there was the likelihood of a claim by me or the other party.
Yeah but you still have to tell them, it's their perrogative after that.
When it comes to you taking out a policy/renewal there are the standard questions "Have you had any accidents OR claims" (notice the determination/seperation between accidents & claims). It doens't matter your fault, their fault, your car, a works car, a rental car, somebody else's car, under your cover or other cover. It's any accident or claim at all.
If you don't tell them you breach, then that is the outer & they'll use it when you claim. They don't care when they are taking your money, it's when you want money from them they'll protect their interests. It's not worth them paying to investigate what you claim when you take out the policy, they'll pretty much take what you say at face value. It is worth them spending money investigating to avoid paying out a substantial amount though & they will. Where you haven't revealed material facts in gaining/taking insurance (& accidents are a material fact), then you can also be guilty of the criminal offence of obtaining a pecuniary advantage where you have gained favourable terms through lying about the number of collisions you have been involved in.
Edited by vonhosen on Sunday 2nd July 11:55
Dwight Vandriver said:
You exchanged names and addresses, vehicle owner details and vehicle registration details at the scene and no injury therefore no need to give her your Insurance details or report the matter to the Police.
"no need to give her your Insurance details" - really? I thought you should give the name of the insurer?
Vaux said:
Dwight Vandriver said:
You exchanged names and addresses, vehicle owner details and vehicle registration details at the scene and no injury therefore no need to give her your Insurance details or report the matter to the Police.
"no need to give her your Insurance details" - really? I thought you should give the name of the insurer?
It's only after injury collisions you MUST give insurance details to anyone who has reason grounds for requiring them.
vonhosen said:
Blah Blah Blah ....Where you haven't revealed material facts in gaining/taking insurance (& accidents are a material fact), then you can also be guilty of the criminal offence of obtaining a pecuniary advantage where you have gained favourable terms through lying about the number of collisions you have been involved in.
I find it extremely unlikely that either the CPS or Insurance Company would try to prosecute for FRAUD (obtaining a pecuniary advanatage by deception) for misrepresenting or non-disclosure on a proposal for Insurance. The advantage that you may/may not have gained is minimal (maybe a saving of a few quid on your premium). In the same vein, if they were this pedantic you could be prosecuted for FRAUD for saying "I was offered less by another Insurance Company" when phoning round. However, if the Insurance Company found enough grounds to cancel the Policy ab initio for the same reasons you are likely to be paying for some time and be prosecuted for driving with no Insurance.
It's nothing to do with prosecuting for fraud.
When you take out insurance, they ask you the standard questions and set your premium based on your answers. If you say "no accidents" when you know you have had one, then you haven't answered the question honestly. They won't prosecute for fraud, but if you subsequently make another claim they won't pay out, on the basis that the contract between you is void.
Most companies wouldn't weight the premium for an accident like the one in the OP, but they might still refuse to pay (the get-out as VH put it) if you didn't answer the question honestly.
When you take out insurance, they ask you the standard questions and set your premium based on your answers. If you say "no accidents" when you know you have had one, then you haven't answered the question honestly. They won't prosecute for fraud, but if you subsequently make another claim they won't pay out, on the basis that the contract between you is void.
Most companies wouldn't weight the premium for an accident like the one in the OP, but they might still refuse to pay (the get-out as VH put it) if you didn't answer the question honestly.
gorvid said:
vonhosen said:
It's only after injury collisions you MUST give insurance details to anyone who has reason grounds for requiring them.
Could you clarify that point Von....?
Is there an obligation to carry insurance details with you? Don't think so.
If I was in an accident in the company car, I couldn't begin to say who the insurer is. I only know that it's insured and there's a certificate in my desk.
NOBODY will be getting my insurance details at the time, because I haven't got a clue what they are. If I get a producer (because police have to attend if it's an injury accident anyway), then fine. If no injury then the other party can whistle.
If I am breaking the law then I will continue to do so - I don't think keeping documents like that in the car is a very good idea anyway.
shuvitupya said:
what I understood to be the case, but puts it better.
Edited by tvrgit on Sunday 2nd July 12:59
gorvid said:
vonhosen said:
It's only after injury collisions you MUST give insurance details to anyone who has reason grounds for requiring them.
Could you clarify that point Von....?
The Highway Code says....
260: If you are involved in an accident which causes damage or injury to any other person, vehicle, animal or property, you MUST
* stop
* give your own and the vehicle owner's name and address, and the registration number of the vehicle, to anyone having reasonable grounds for requiring them
* if you do not give your name and address at the time of the accident, report the accident to the police as soon as reasonably practicable, and in any case within 24 hours.
Law RTA 1988 sect 170
261: If another person is injured and you do not produce your insurance certificate at the time of the accident to a police officer or to anyone having reasonable grounds to request it, you MUST
* report the accident to the police as soon as possible and in any case within 24 hours
* produce your insurance certificate for the police within seven days.
Law RTA 1988 sect 170
www.highwaycode.gov.uk/24.htm#255
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