Not speed or plod, but the law...
Discussion
December 15th, parking at work, my front wheels hit a patch of ice and I caught the wing of the car in the next space. Bummer. There's a bit a scratch in his plastic bumper, and slight scuff on his paintwork. I recon 2 yours with some touch-up paint, and th jobs a goodun.
Wanting to do the right hing, I tracked him down and told him what had happened
He asked me for my insurance details. I didn't have them, but told him I'd get them the next day.
Then I thought, rather than make a claim, I'd rather pay for the work direct. He agreed that this would be OK, but still wanted my insurance details, as his insurer had asked for them.
I forget to get the details for a couple of days, then received a call from his insurer, asking for my insurance details. I explained that I wanted to pay, and the insurer agreed to invoice me directly, and no longer wanted my insurance details.
I've been waiting ever since to receive a bill.
Tonight, I get home and there is a letter from a solicitor, claiming £25 excess, and 30 quid 'inconvenience'.
If I pay this, am I putting myself in jeopardy in anyway? I suspect he's rang one of these 'Accident Hotline' type things, to see if he can fleece me for a few quid.
The other thing is, the solicitors letter says I should send a copy to my insurer IMMEDIATELY. Should I? Why shouldI?
Any guidance gladly accepted.
Wanting to do the right hing, I tracked him down and told him what had happened
He asked me for my insurance details. I didn't have them, but told him I'd get them the next day.
Then I thought, rather than make a claim, I'd rather pay for the work direct. He agreed that this would be OK, but still wanted my insurance details, as his insurer had asked for them.
I forget to get the details for a couple of days, then received a call from his insurer, asking for my insurance details. I explained that I wanted to pay, and the insurer agreed to invoice me directly, and no longer wanted my insurance details.
I've been waiting ever since to receive a bill.
Tonight, I get home and there is a letter from a solicitor, claiming £25 excess, and 30 quid 'inconvenience'.
If I pay this, am I putting myself in jeopardy in anyway? I suspect he's rang one of these 'Accident Hotline' type things, to see if he can fleece me for a few quid.
The other thing is, the solicitors letter says I should send a copy to my insurer IMMEDIATELY. Should I? Why shouldI?
Any guidance gladly accepted.
Tend to agree with rospa here.
For all we know there is a thread running on another forum like.......
This geezer ran into to me, promised me insurance details but didn't come up with them, then he says he wants to pay for the repairs himself......
The baying pack will be saying something like "thats because he's got no insurance bla bla bla"
Does that sound like a familiar story?
For all we know there is a thread running on another forum like.......
This geezer ran into to me, promised me insurance details but didn't come up with them, then he says he wants to pay for the repairs himself......
The baying pack will be saying something like "thats because he's got no insurance bla bla bla"
Does that sound like a familiar story?
rospa said:
The law requires you to provide your insurance details after a collision. Why didn't you?
No it doesn't, it only requires the driver to provide insurance details to anyone with reasonable grounds to request those insurance details after an INJURY accident. There is no requirement to produce them after a damage only.
Accident Management firms are unlikely to get involved in damage only cases under £5,000 simply because unless a settlement is reached out of court, legal fees cannot be claimed back, although sometimes they will try it on.
Best thing to do is phone your insurance company, be honest and tell them what has happened and then take their advice.
So I'm obliged to involve my insurance company, even though I don't want to make a claim, and his insurance comapny are happy for me not to provide details?
As I mentioned, when they rang, I explained to them what I wanted to do, and they were prefectly happy to not ask for my insurance details, and to bill me personally?
As I mentioned, when they rang, I explained to them what I wanted to do, and they were prefectly happy to not ask for my insurance details, and to bill me personally?
t-c said:
No it doesn't, it only requires the driver to provide insurance details to anyone with reasonable grounds to request those insurance details after an INJURY accident.
You sure? So I can crash into someone and we both walk away but we don't have to provide insurance details to each other. Doesn't seem right to me...
PetrolTed said:
No it doesn't, it only requires the driver to provide insurance details to anyone with reasonable grounds to request those insurance details after an INJURY accident.
You sure? So I can crash into someone and we both walk away but we don't have to provide insurance details to each other. Doesn't seem right to me...
no its not right Ted. You have to provide em in an acsident, if there damage to anything.
whether anyone injured or not.
[quote=t-c]
No it doesn't, it only requires the driver to provide insurance details to anyone with reasonable grounds to request those insurance details after an INJURY accident. There is no requirement to produce them after a damage only.
[quote]
I think that's the case for notifying the police isn't it?
I'd check your policy details closely. You'll probably find you're obliged to inform your insurance company of ANY 'accident' whether you want to claim or not. Whether you actually do is up to you; at this stage I think you'd better!
>> Edited by griffter on Friday 23 January 07:49
No it doesn't, it only requires the driver to provide insurance details to anyone with reasonable grounds to request those insurance details after an INJURY accident. There is no requirement to produce them after a damage only.
[quote]
I think that's the case for notifying the police isn't it?
I'd check your policy details closely. You'll probably find you're obliged to inform your insurance company of ANY 'accident' whether you want to claim or not. Whether you actually do is up to you; at this stage I think you'd better!
>> Edited by griffter on Friday 23 January 07:49
T-c is absolutely right.
So that you may be aware of the obligations if you are ever involved then here is what the Road Traffic Act 1988 states:
Section 170.
1) This section applies in a case where,
owing to the presence of a motor vehicle on a road,
an accident occurs by which—
(a) personal injury is caused to a person other than the driver of that motor vehicle, or
(b) damage is caused—
(i) to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or
(ii) to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.
(2) The driver of the motor vehicle MUST STOP and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3) If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he MUST REPORT the accident.
(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
(5) If, in a case where this section applies by virtue of subsection (1)(a) above (INJURY), the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it,
the driver must report the accident and produce such a certificate or other evidence.
This subsection does not apply to the driver of an invalid carriage.
(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.
(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within five days (amended to 7 days IIRC) after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.
(8) In this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog
DVD
So that you may be aware of the obligations if you are ever involved then here is what the Road Traffic Act 1988 states:
Section 170.
1) This section applies in a case where,
owing to the presence of a motor vehicle on a road,
an accident occurs by which—
(a) personal injury is caused to a person other than the driver of that motor vehicle, or
(b) damage is caused—
(i) to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or
(ii) to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.
(2) The driver of the motor vehicle MUST STOP and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3) If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he MUST REPORT the accident.
(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
(5) If, in a case where this section applies by virtue of subsection (1)(a) above (INJURY), the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it,
the driver must report the accident and produce such a certificate or other evidence.
This subsection does not apply to the driver of an invalid carriage.
(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.
(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within five days (amended to 7 days IIRC) after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.
(8) In this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog
DVD
DV, thanks for that, you have more patience writing all out than I have. What I was going to say, is that in a damage only RTA where there is no obligation to exchange insurance details, it simply becomes a civil claim through the small claims courts (depending on the value), and the owner/driver of the vehicle becomes personally liable rather than the insurance.
PSLewis you have spoken with his insurance company and they have agreed to invoice you. So therefore you have agreed to pay for the damage.
I suggest calling them and saying "Whats going on, I've agreed to pay you " etc. They may offer advice and help and confirm they are to invoice you.
I would phone the solicitor and state that you spoke to their clients insurance company on x date and they are going to invoice you direct.
Incidentially presumably his insurance company could notify your insurance company that you have had a knock, but not told your insurance company?
I suggest calling them and saying "Whats going on, I've agreed to pay you " etc. They may offer advice and help and confirm they are to invoice you.
I would phone the solicitor and state that you spoke to their clients insurance company on x date and they are going to invoice you direct.
Incidentially presumably his insurance company could notify your insurance company that you have had a knock, but not told your insurance company?
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