car insurance claim

  BJN 07:21 20 Aug 2008
Locked

Well was stationery in my new car at a roundabout waiting for a clear slot to join the roundabout. I’d just released the handbrake to move off and suddenly there was a thud and my car lurched forward, I’d been hit from the rear by a car approaching the roundabout.

I turned off the engine applied handbrake and got out of the car. The other driver and I exchanged details telephone/address and car reg. There did not appear much damage to my car but I took it to the dealer it was purchased from and they quoted £250 the repair and repaint rear bumper. I contacted the other party to explain (his telephone and address checked out as OK) he did not want to know and was very reluctant to give me his insurance policy number. After explaining he had to by law and I’d involve the police for refusing to give me all his details he caved in.

I contacted my insurance company who have arranged repairs and hire car (repairs now carried out). They inform me that unless the other party admit liability then my no claims will be affected at renewal. I was always of the understanding that if you were hit from the rear it was they other party at fault. Therefore why does the other party have to admit liability for them to reclaim the repair costs and if they don’t does that mean their insurance will not pay my insurance company. That would result in me a fault claim at renewal.

I’ve legal insurance cover as part of my insurance cover so I assume if necessary they will try to recover the money if the other party does not admit liability. After all the law states you must travel at distance from the car in front to stop safely.

Any comments or suggestion on how to proceed would be welcome.

Bj

  HondaMan 08:17 20 Aug 2008

that you botrhered to claim for £250 and risk your NCD.

Advise the other party that you will look to him for your uninsured losses, ie your excess, and if he, or his insurers fail to pay, issue a claim in the small claims court.

You DID notify the police, didn't you?

  Pine Man 08:51 20 Aug 2008

'You DID notify the police, didn't you?'

Only accidents involving injury are required to be reported to the police.

  BJN 09:23 20 Aug 2008

Hondaman

My no claims is protected for 2 claims in 3 years this is the first claim ever and my excess is nil on this policy. Why should I pay for someone else’s fault? If we all took your attitude then the innocent would be paying for all accident claims and any guilty party would get away with it.

But the point is I don't want any fault claims recorded as it was not my fault. It a requirement of any motor insurance to report all accidents to your insurance company if you don't your insurance maybe come invalid. If the other party reported the accident then you maybe in trouble with your insurance company if you don’t report it.

As Pine man states you only need to report accident to the Police is anyone is injured or it's a hit and

  birdface 09:44 20 Aug 2008

Normally with a small amount like that involved the driver who ran into the back of you would normally pay for the damage out of his own pocket to save his no claims bonus.Just released the handbrake to move off.maybe the other driver thinks that you may have rolled back a bit into him which would be hard to prove or disapprove.I would have thought it would be your insurance's duty to claim on your behalf but the cost of doing so would cost a lot more than your claim.

  spuds 11:12 20 Aug 2008

I think that you have perhaps answered your own question. You state that you have legal insurance cover (car or personal!), so place the matter in their hands, and hope that they or their advice comes up to an amicable solution.

Regarding the involvement of the police, you can report the matter, and fill out the appropriate forms at any police station, if you regard the other driver was driving in a careless or dangerous manner, or failing to provide details.

  HondaMan 13:26 20 Aug 2008

See here click here

  Midsman2005 15:16 20 Aug 2008

You won't lose your NCD.

He doesn't have to admit liability. His insurance company will eventually just tell him he has to and give him no choice but to accept liability.

Someone who drives into the back of someone else is ALWAYS at fault regardless of how they try to wiggle out of it.

Your legal cover will pay for your solicitor to recover your uninsured losses from his insurance company.

If he doesn't admit liability it just takes longer.

I know this, it's happened to me 3 times!

  Pamy 17:22 20 Aug 2008

Without witnesses as to what realy happend you will have a problem with this person by the sound of it. he may wewll claim that it was not his fault as you reversed for no apparant reason. Prove it otherwise if you can.

  ened 17:30 20 Aug 2008

"Someone who drives into the back of someone else is ALWAYS at fault regardless of how they try to wiggle out of it."

Not True.

However, as I said recently in another thread, it is my policy to always involve the police, regardless of whether there is any injury.

You can also find that the idea of 'protected no claims' doesn't stop your premium going up.

  ened 17:32 20 Aug 2008

I was typing and missed your post but that is an example of what I was saying because if the police attend it would not be so easy for the other driver to make that claim.

This thread is now locked and can not be replied to.

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