Insurance Law Question
Insurance Law Question
Author
Discussion

spokey

Original Poster:

2,246 posts

239 months

Friday 12th January 2007
quotequote all
I was in an accident on Tuesday, taken roughly from behind by the other guy, who then did a runner before he even gave me his number. (No sniggers in the stalls, please! )

The police have already started making noises like they're not going to find him, even though I gave them the registration and make and model.

I just phoned my insurance company. Legally, apparently I'm obliged to register the accident with them, even if I don't claim from them. If I claim from them, I have a £400 excess, plus I lose my "protection" on my 9 years NCB, all because this bar steward raced off without giving me his details and because the police are spending more quality time with their donuts than tracking down someone who actually committed an offense?

confused

So, AM I legally obliged to record the accident with them?

Does losing my NCB and a year's worth of NCB seem reasonable, given that I was just sitting there?

Flat in Fifth

48,913 posts

281 months

Friday 12th January 2007
quotequote all
you'll find something in the small print that you are required to tell them anything which might result in a claim, failure to do so and they will have you under material non-disclosure.

gargamel

16,392 posts

291 months

Friday 12th January 2007
quotequote all

Why won't the police follow up if you have the registration plate ?

If they won't then complain to the Chief Inspector and then the police ombudsman.

Secondly - check your policy, As far as I am aware there may be a contractual obligation to inform the insurance company of your accident but it is NOT a legal one.

spokey

Original Poster:

2,246 posts

239 months

Friday 12th January 2007
quotequote all
Thanks for clarifying that. I'll be chasing the police up on Monday, I've lost the will to live a bit today.

chrispy porker

17,730 posts

258 months

Friday 12th January 2007
quotequote all
I expect they'll use sect 172 to find the driver, if they have a keeper. And presumably breach his human rights in doing so.

spokey

Original Poster:

2,246 posts

239 months

Friday 12th January 2007
quotequote all
chrispy porker said:
I expect they'll use sect 172 to find the driver, if they have a keeper. And presumably breach his human rights in doing so.


Tsk, tsk. Committing a crime with intent is surely a bit different from drifting a knife into someone, isn't it?

Anyway, it sounds like the plate may have been a clone or belonged to a different car, according to the insurers.

oogieboogie

710 posts

239 months

Friday 12th January 2007
quotequote all
Flat in Fifth said:
you'll find something in the small print that you are required to tell them anything which might result in a claim, failure to do so and they will have you under material non-disclosure.


House insurance wriggled out of paying up for a watch I lost while in US because I didn't report it to them within 24 hrs.

But I'm happy in the knowledge that if my house ever gets turned over I think they're going to get very roughly rogered up the acensorede by me for everything I can find in the John Lewis catalogue, and I won't be feeling any remorse whatsoever. What goes around comes around you fcensoreders.

chrisgr31

14,290 posts

285 months

Friday 12th January 2007
quotequote all
oogieboogie said:
But I'm happy in the knowledge that if my house ever gets turned over I think they're going to get very roughly rogered up the acensorede by me for everything I can find in the John Lewis catalogue, and I won't be feeling any remorse whatsoever. What goes around comes around you fcensoreders.


In my experience claiming on your house insurance is a real nightmare. I am still waiting for my insurance company to do something about a claim for contents lost in a shed fire back in June.

Car insurance is easy, they get the local repair agent to drop off a replacement car whilst they fix yours. House insurance means the insurnace company staff have work to do so fcensoredk all happens.

bleesh

1,112 posts

284 months

Saturday 13th January 2007
quotequote all
For accidents with non-insured/untraceable drivers you WILL be
able to claim against the Motor Insurance Bureau scheme - which,
as it is funded my a levy paid by the insurance industry, they
don't tell you about.

Read details here.... www.mib.org.uk/MIB/en/Default.htm

Steve




Edited by bleesh on Saturday 13th January 18:34

motorwise

401 posts

237 months

Saturday 13th January 2007
quotequote all
Flat in Fifth said:
you'll find something in the small print that you are required to tell them anything which might result in a claim, failure to do so and they will have you under material non-disclosure.



thats right - but if you decide not to claim it wont affect your no claims bonus but it may affect your premium - don't you just love insurance companies?

give your insurance the reg number if you're fully comp get the car repaired and then it's their problem to chase the money (and your excess as an unisured loss)

good luck

gridgway

1,001 posts

275 months

Saturday 13th January 2007
quotequote all
I think you will find that the duty to report things material to the insured risk (such as your accident) is actually covered in insurance law rather than the contract. Also I thinkl you will find that MIB covers injuries, not damage to your car through an uninsured incident.

Sorry, but I suspect you are obliged to report and you will have to use your (comp) pplicy to get it fixed if the 3rd party cannot be traced.

Graham

vonhosen

40,597 posts

247 months

Saturday 13th January 2007
quotequote all
gridgway said:
I think you will find that the duty to report things material to the insured risk (such as your accident) is actually covered in insurance law rather than the contract. Also I thinkl you will find that MIB covers injuries, not damage to your car through an uninsured incident.

Sorry, but I suspect you are obliged to report and you will have to use your (comp) pplicy to get it fixed if the 3rd party cannot be traced.

Graham


MIB cover damage to property as well, not only injury,

In the case of bodily injury, there is no financial limit to the level of compensation.
With property damage, MIB does not pay the first £300 of any claim and is not liable beyond the limit (set by the Road Traffic Act 1988) of £250,000.