Done the right thing here?
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Frederick

Original Poster:

5,894 posts

250 months

Thursday 20th April 2006
quotequote all
Ok, I'll cut a long story short cos it can get boring but basically I was involved in a very brief sideswipe-and-run accident a few days ago, got the other blokes plate and reported to the BIB. Problem is that it's a hire car and as such I end up out of pocket to the tune of £75 for the excess.

It should be a cut and shut case because the junction it happened on was covered by CCTV and as the guy didn't make any attempt to exchange details (even when I got alongside him at a junction and told him to use his eyes in future before he went one way and I went the other) but the niggle for me is the whole disclosure of an accident thing to an insurance company for my private car.

As I haven't actually obtained the insurance for the private car yet (and thus the reason for the hire car) do I have to tell them about the incident if it is still ongoing and as such not on any books yet, or do I wait until the hire company's insurers fight it out and come back with a fault/no fault judgement.

The damage to the car is supremely light, just a few scratches on the bumper, but it's enough damage to warrant them making me cough for it, and as I didn't do it - that is why I went straight to the cops. The impact was very light, but I definately felt a wobble of the car as he cut infront of me and it was only when I stopped the car that I noticed the damage and as such went to the police.

I have proper photos of the damage (not digital) and a witness (who was also an occupant of my car), the police have this information too and as such I hope it's just going to be a form filling excercise, all I need to know is where do I stand with disclosure.

CombeMarshal

2,030 posts

256 months

Friday 21st April 2006
quotequote all
If it was a hire car, unless they hire company can prove who was driving it they would be liable, afterall the driver would have taken insurance out with them

vonhosen

40,597 posts

247 months

Friday 21st April 2006
quotequote all
Frederick said:
Ok, I'll cut a long story short cos it can get boring but basically I was involved in a very brief sideswipe-and-run accident a few days ago, got the other blokes plate and reported to the BIB. Problem is that it's a hire car and as such I end up out of pocket to the tune of £75 for the excess.

It should be a cut and shut case because the junction it happened on was covered by CCTV and as the guy didn't make any attempt to exchange details (even when I got alongside him at a junction and told him to use his eyes in future before he went one way and I went the other) but the niggle for me is the whole disclosure of an accident thing to an insurance company for my private car.

As I haven't actually obtained the insurance for the private car yet (and thus the reason for the hire car) do I have to tell them about the incident if it is still ongoing and as such not on any books yet, or do I wait until the hire company's insurers fight it out and come back with a fault/no fault judgement.

The damage to the car is supremely light, just a few scratches on the bumper, but it's enough damage to warrant them making me cough for it, and as I didn't do it - that is why I went straight to the cops. The impact was very light, but I definately felt a wobble of the car as he cut infront of me and it was only when I stopped the car that I noticed the damage and as such went to the police.

I have proper photos of the damage (not digital) and a witness (who was also an occupant of my car), the police have this information too and as such I hope it's just going to be a form filling excercise, all I need to know is where do I stand with disclosure.


You have an obligation to declare all collisions to your insurer whether they be under an insurance policy in your name or anothers. Whether it be in a vehicle you own, a hire vehicle, a works vehicle, a friends vehicle etc etc.

If you fail to do so you may be commiting the criminal offence of obtaining a pecuniary advantage. Your insurance company (in the event of any future claim you make) may well refuse to pay out, other than 3rd part risks they can't evade, but even then they may sue you to recover those. The hire company insurers will have access to your details (name, address, dob, driving licence etc from the hiring) & they do share information.

turbobloke

117,294 posts

290 months

Friday 21st April 2006
quotequote all
Oooooh, now I'll have to sleep with the light on.



Frederick

Original Poster:

5,894 posts

250 months

Friday 21st April 2006
quotequote all
Vonhosen - I'm saying do I have to declare it before or after any settlement has been reached.

ie if the insurance company come back to me and say "we have obtained a complete settlement from the other parties insurer", then I declare it as a no-fault accident, if they say "we have settled with the other parties insurer" then I declare it as a fault accident, but in the meantime being that I don't know if it's fault or no fault, do I declare it now.

I'm not intending to try and hide it from the insurers, I just want to make sure I'm not cutting off my nose to spite my face (as if I declared it as a non-fault accident it could be tantamount to fraud if it came back as a fault settlement).

I guess it would be like declaring speeding points when you recieve the NIP, not when you accept the CoFP.

Frederick

Original Poster:

5,894 posts

250 months

Friday 21st April 2006
quotequote all
Just to clarify too, I was in the hire car, the other car was a private one. He hit me but the t's & c's of the hire docs say you have to pay the excess without regard to who's fault it was. If I am proven innocent (which I bloody should be!) then I get my £75 back.

UpTheIron

4,058 posts

298 months

Friday 21st April 2006
quotequote all
Regardless of fault, you will to declare any accident or claim you have been involved in...statistically, having been involved in one accident, you are more likely to be involved in another...

Frederick

Original Poster:

5,894 posts

250 months

Friday 21st April 2006
quotequote all
yes, I know that - as I said.

what I want to know is should I wait until the insurers have reached a decision on who was at fault before declaring it as an accident (I am going to declare it, I've never said I wouldn't)

vonhosen

40,597 posts

247 months

Friday 21st April 2006
quotequote all
Frederick said:
yes, I know that - as I said.

what I want to know is should I wait until the insurers have reached a decision on who was at fault before declaring it as an accident (I am going to declare it, I've never said I wouldn't)


Regardless of fault or settlement you have to inform them of all collisions, you don't wait until thy've decided on fault.

>> Edited by vonhosen on Friday 21st April 23:30

gilberninvader

262 posts

247 months

Saturday 22nd April 2006
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Yup no grey areas then, you must tell them, listen to VH.

Frederick

Original Poster:

5,894 posts

250 months

Saturday 22nd April 2006
quotequote all
That's all I needed to know.