Rear Ended - insurance question

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Sat 13 Feb 2016 19:49
Rear Ended - insurance question - Rianp

Just a quick question on insurance.

Yesterday afternoon a guy drove into the back of me whilst I was waiting to enter a roundabout. He was very apologetic and said he was happy to pay for fixing the damage - which is a dent/crease in the boot door panel just underneath the number plate and a slightly damaged bumper. It's just cosmetic but I do want to get it sorted.

I've noticed looking at my insurance policy that claims have to be made within 48 hours. So I was unhappy about risking not making the claim and finding out when it's too late that the other guy may not pay me at all - or it may cost more than he is willing to pay. I made a call to him this morning to tell him I would put a claim in as I just dont want to risk not doing so. He told me something along the lines of.. He was driving his partners car and when he told her he had bumped someone, she told him the car is currently not MOT'd. He thinks this will void his insurance and if I mak a claim I won't be able to get money from his insurers. (I've tried looking up the cars reg and saw the road tax was also up in october).

So if he is insured but driving someone elses un taxed and un MOT'd car. does that void his insurance? or is he trying to pull a fast one on me?

I guess he is worried about himself or his partner getting in trouble for not having tax and MOT. If thats an honest mistake I'm sympathetic. But I do just want to know the damage to my car is going to get paid for at the end of the day.

Any advice out there?

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Sat 13 Feb 2016 20:02
Rear Ended - insurance question - scot22

I hope I am sympathetic with people. However, it seems to me you are in a very difficult position. Driving an uninsured and without MOT car indicates a lack of money and/or irresponsibility - either way you are unlikely to get recompense.

There are people far more knowledgeable about insurance than me and hopefully they will read this and advise you.

It is only my opinion but I would be inclined to notify your insurance company, which you are supposed to. They look after your needs then claim back from the driver.

Often after any kind of claim you will face a rise in premium. Can you get a quick estimate of cost ? If its only (realise this is comparative) a couple of hundred it might be worth getting it done and hope you succeed in getting him to pay.

Sorry I can't be more helpful but there are a number of variables.

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Sat 13 Feb 2016 20:05
Rear Ended - insurance question - bathtub tom

Promises are two a penny.

I'd report it the police as well.

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Sat 13 Feb 2016 20:11
Rear Ended - insurance question - Rianp

His story is that he is insured. But that will be void because he is driving a car without MOT.

I'm not sure if thats right though. I have fully comp insurance and usually assume that I'm covered for third party if I drive someone elses vehicle. Surely my insurance wouldn't then be void if I had an accident and the owner of the car then told me it hasnt got an MOT?

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Sat 13 Feb 2016 20:20
Rear Ended - insurance question - RobJP

Make your claim, as if he was insured. If your insuance company comes back saying that the other party's insurance is not covering, then inform your insuarance that you wish the claim to be handled through the Motor Insurance Bureau's Uninsured Driver's Scheme.

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Sat 13 Feb 2016 20:36
Rear Ended - insurance question - Rianp

Ah ok. Not heard of that. sounds like good advice. Thanks

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Sat 13 Feb 2016 20:43
Rear Ended - insurance question - RT

His story is that he is insured. But that will be void because he is driving a car without MOT.

I'm not sure if thats right though. I have fully comp insurance and usually assume that I'm covered for third party if I drive someone elses vehicle. Surely my insurance wouldn't then be void if I had an accident and the owner of the car then told me it hasnt got an MOT?

The third party legal requirement isn't voided by lack of MoT test, or even more serious infringements.

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Sat 13 Feb 2016 20:46
Rear Ended - insurance question - Rianp

Thats what I would have thought. thanks for that. so if he is insured, shouldn't really be a problem. Just have to keep my fingers crossed that he is.

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Sun 14 Feb 2016 09:54
Rear Ended - insurance question - TedCrilly

Do you really want to get involved with someone who has obviously broken the law? If you go under the counter on this it could be argued you are aiding and abetting and even then there is no guarantee you will get anything. He may well draw you in even further until you are totaly implicated and have no options left, then tell you to get lost.

The fact he has no cover is not your problem. Just report it all to your own insurance co as soon as you can, give them all the details including everything he has said and then sit back and let them handle it.

Its one of the things you pay them several hundred pounds a year for.

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Wed 17 Feb 2016 12:01
Rear Ended - insurance question - slkfanboy

@TedCrilly 100% agree.

You have to ask why does someone with no MOT have a taxed and insured car and often they don't. Having a car with not MOT also mean the DVLA most likely don't have their details either, else inforce action would be underway.

Regardless of claim or not you have to report the accident to your insurance company. The premium will go up anyway.

It's worth claiming and reporting to the police as your only going to get tangled up in their mess.

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Sat 20 Feb 2016 09:08
Rear Ended - insurance question - Rianp

I agree with this point of view. However, now the claim has been made I'm thinking I might have made a mistake.

A week before the bump, I got my renewal letter. renewal price was £400ish.

When I made the claim, the lady on the phone told me, rear impact means no fault claim which wont affect NCB and wont have to pay my excess of £240 - great.

A week on, I get an ammended renewal letter £900 ish.

So I phone to ask whats going on? Apparently it doesnt get registered as a no fault until the claim has been closed and they also need the other driver to admit liability. How long does that take? Up to 6 months apparently. So if I go ahead with the repair work - it might end up costing me £740 with the increased premium and the excess. or it might cost me nothing if he admits liability.

Does he actually have to admit liabilty if its a rear impact anyway? isnt it just a given that if you go into the back of someone, it's your fault?

To complicate matters a little more, He is insured by the same company, which has got me thinking -

Best outcome for the insurance company is - I drop the claim

second best outcome - The drivers liability isn't proved so I have to pay excess

Worst outcome - It goes through as a no fault claim and they have to pay the full amount.

Doesn't make me feel confident that they are going to be fighting on my side...

So I have a week to decide if I carry on with the claim and suffer ridculously high premium in the hope that it gets closed as a no claim and can get some money back. or just drop the claim and pay for it out of my own pocket.

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Sat 20 Feb 2016 09:16
Rear Ended - insurance question - RT

The usual question is "any accidents, claims or convictions"

You've had an accident, whether you claim or not - if you drop the claim now it'll be harder, and take even longer, to prove "no-fault" before you try to get back the excess premium now being asked.

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Sat 20 Feb 2016 09:22
Rear Ended - insurance question - Rianp

Sure, but makes you wonder why you bother paying for fully comp. If you aren't really covered for damage to your own car? you pay for it yourself in the end trhough your premiums. I'll prob just go 3rd party now.

What about the fact we have the same insurer? does that mean they aren't going to be pro-active with getting the other guy to be liable?

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Sat 20 Feb 2016 11:06
Rear Ended - insurance question - RT

Sure, but makes you wonder why you bother paying for fully comp. If you aren't really covered for damage to your own car? you pay for it yourself in the end trhough your premiums. I'll prob just go 3rd party now.

What about the fact we have the same insurer? does that mean they aren't going to be pro-active with getting the other guy to be liable?

Of course we pay all the insurers costs through our premiums, they go bust otherwise.

Perversely, there are times when 3rd party is more expensive than fully comp - and you still have to declare accidents!

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Sat 20 Feb 2016 13:34
Rear Ended - insurance question - Rianp
Sorry but I find it very hard to sit on the side of insurance companies. Surely the fact that I have already paid my years insurance premium should be covering me against damages. I can accept my premium might be affected BUT... More than doubled because another driver has gone into the back of me? I don't think the repair work will cost more than my rise in premium and payable excess if I'm honest. Seems mental.

Is it actually illegal to not declare an accident then? Assuming it's minor and no injuries of course?

And I'm not convinced that my insurance company aren't just going to accept the other driver not claiming liability, as it seems they will be more out of pocket if he is liable. Might they even advise him to not claim liability?
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Sat 20 Feb 2016 14:04
Rear Ended - insurance question - RT
Sorry but I find it very hard to sit on the side of insurance companies. Surely the fact that I have already paid my years insurance premium should be covering me against damages. I can accept my premium might be affected BUT... More than doubled because another driver has gone into the back of me? I don't think the repair work will cost more than my rise in premium and payable excess if I'm honest. Seems mental. Is it actually illegal to not declare an accident then? Assuming it's minor and no injuries of course? And I'm not convinced that my insurance company aren't just going to accept the other driver not claiming liability, as it seems they will be more out of pocket if he is liable. Might they even advise him to not claim liability?

It would be grounds for the insurer to void any future liability if you fail to answer accurately a question that is a "material matter".

Statistically, drivers who've had one accident, even if no fault, have more risk of having another one in the future so the premium rises accordingly - it may not apply to you personally but it does when they look at large numbers - and insurance is all about spreading risk.

At renewal time, you can of course shop around with other insurers.

No, it's not "fair" - that's life.

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Sat 20 Feb 2016 14:22
Rear Ended - insurance question - Rianp

Yea, I would never accept the automatic renewal price.

So with the same insurer issue, I'm still not clear who's corner they are in? mine, his, or just looking out for themselves? (I suspect the latter).

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Sat 20 Feb 2016 16:54
Rear Ended - insurance question - Avant

Their own corner. Always their own.

You know how some people start to look like their dogs? "Advisers" in insurance companies look like their computers - no imagination, slavish following of what they see on the screen in front of them, and no conception of the notion that if the customer doesn't find them helpful, they will go elsewhere.

The companies are too big and too computerised to be able to think laterally like that.

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