Hi there, first time user. I'd have searched for something similar but i can't find a search tool for the forum itself.
I recently was involved in an accident in which i was shunted from behind while parked at a traffic lights. We have proceeded to lauch a 3rd party claim using a friend's accident repair centre. My worry is this: My car has a custom 3 stage pearlescent paintjob, alloy wheels, lowered, big brakes, manufacturer bodykit (taken from other models - not fibreglass!) etc. etc. None of which is declared to my insurance company (i know! silly!)
BUT my question is this : The person who shunted me has admitted 100% liability for the accident, and since we're not using my insurance, the undeclared modifications shouldn't come into it should they? I mean, she could just as easily hit a rolls royce or even a new focus and the damage would have been just as expensive if not more expensive, she could have also driven into someone's fence or something and that would have had to be replaced. Are they going to screw me over and claim it's a standard escort? Because i have to declare the modifications to my insurer, not everyone who hits me!
What am i to expect over the next few weeks (engineer coming tuesday to see the car)? In my opinion the car will need a respray if it is to ever look as good as it did before, but the bodyparts actually being replaced won't come to more than a few hundred pounds........
Anyone had any experience of anything like this? The third party's insurer is Markerstudy if that helps.
Thanks, Chappers
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My car has a custom 3 stage pearlescent paintjob, alloy wheels, lowered, big brakes, manufacturer bodykit
Maximum respeck, brother ;)
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Forum search is just to the upper right >>>>>>>>>>>>>>>>>
The potential problem is that when the other party gets sight of the estimate that
(a) It's much more than they thought, so will put it through their insurer. and
(b) Once they talk to their insurance company their story changes and they no longer accept liability (you have it in writing?).
(c) you may have to get multiple quotes rather than from your friend and this may feed the undeclared info back to the insurer.
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The potential problem is that when the other party gets sight of the estimate that (a) It's much more than they thought, so will put it through their insurer. and (b) Once they talk to their insurance company their story changes and they no longer accept liability (you have it in writing?). (c) you may have to get multiple quotes rather than from your friend and this may feed the undeclared info back to the insurer.
It is going though the third party's insurance "engineer coming tuesday to see the car".
Chappers - I wouldn't expect a problem - as you say, she could have hit anything, fully customised Buggati Veyron, for example. You should expect to be put back in the position you where in before the accident.
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Effectively due to the undeclaredmods to your car if you were in an accident and it was your fault you would be uninsured.
ASAP after your car is fixed tell your own insurer of the mods.
As the blame is with a 3rd party there is no involvement of your insurance company - it is the 3rd party's insurer's engineer that will examine your car.
Only problem would be if you are insured with the same insurer!! The insurer's names might appear to be different but are owned by the same comapny - Direct Line/UK Insurance/Churchill are the same (Royal Bank of Scotland), Admiral / Bell / Diamond are all Admiral- a couple of examples.
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As the blame is with a 3rd party there is no involvement of your insurance company - it is the 3rd party's insurer's engineer that will examine your car.
If that turns out to be the case, and the engineer's reports gets scrutinised by the appropriate, peole, then presumably they could void Chappers' own policy. But surely it shouldn't effect the payout in an accident which wasn't Chappers's fault, unless the other side needed chasing for the payout and Chapprs wanted the insurers to chase the third party?
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If that turns out to be the case, and the engineer's reports gets scrutinised by the appropriate, peole, then presumably they could void Chappers' own policy. But surely it shouldn't effect the payout in an accident which wasn't Chappers's fault, unless the other side needed chasing for the payout and Chapprs wanted the insurers to chase the third party?
I'm with NowWheels on this one - whilst I certainly dont agree the OP was correct or right in not declaring his mods - silly boy - I don't think it is anything more than a red herring in this situation.
And a reminder to him to get everything declared.
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Effectively due to the undeclaredmods to your car if you were in an accident and it was your fault you would be uninsured.
This is, afaik, not the case. My understanding is that in events of civil dispute, ie you didn't disclose something, your insurer can restrict its rights to those which are required under the road traffic act - ie, third party cover. It can then sue you to recover the costs of meeting any such claim if it wishes, but crucially you are not legally uninsured at any stage. IANAL - can anyone confirm?
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I don't know what the law is, but there was a documentary a few years ago, and it was about loss adjusters, and people who didn't declare mods were still insured, but if they made a claim from their own insurer they paid out a lot less or nothing - they subtracted the additional cost in premium that they claimed the policy holder should have paid, sometimes this was much higher than the value of the claim. Sometimes I felt sorry for the owners as all they had done was get a nicer spare part from a scrap yard than what was originally on their car, or fitted front OE foglights from a higher-spec scrap car.
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Right, yeah sounds good so far. Few things to clear up - firstly, nowheels, thanks for that incredibly insightful original comment, so "ful respektz bak, innit blud" (bah! :P)
Secondly, yes it's got to the point where i have in writing, twice, that the 3rd party has accepted full responsibility, secondly we're not with the same insurers and thirdly i'm not using my insurers at any point, we're using my dad's friend's legal team to make a claim direct from the 3rd party's insurers. I realised that due to the undeclared modifiactions they'd most probably throw a hissy fit and write the car off anyway. From what you've said it seems to have confirmed what i was thinking, so i'm feeling a bit better.
and finally, i've found the search now but noone's asked this question before so it doesn't matter :o)
What will most likely happen is i'll see how much they'll give me to fix the car and then decide whether to write it off myself and buy something newer, or fix it and declare the mods because as you say if i had an accident i'd be in a lot of trouble insurance wise.
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hmm, that's two secondly's, delete in your mind as appropriate!
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MichaelR is spot on - undeclared mods -> material non-disclosue -> RTA cover only -> can be sued to recover own insurer's costs. Nonetheless, insured throughout.
I only read the thread quickly, but a couple of other thoughts also spring to mind.
Firstly, MichaelR - IANAL ??
Then...
Tell your insurer *NOW* in case tomorrow you have an accident which *is* your fault.
The other insurer cannot refer it to your insurer, that would be your choice. If they try, tell them to stuff off.
They can insist on your insurance details on the basis of ensuring that there is no claiming from two places going on. It is possible, although it probably wouldn't be intentional, that the modification could come up on that conversation. I repeat, tell them now.
The only difficulty I can think of is if the other party suddenly decides its your fault. Doesn't sound likely, an dI wouldn;t worry about it, but that's the only thing I can think of.
You've not done anything major criminal or fraudulent yetalthough conceivably a charge of obtaining your insurance fraudulently where the ability to legally driv eon the road is a benefit, but that's so unlikely it just isn't relevant. Just don't try an dclaim on your insurance until they are in possession of all the facts.
And if you have already told your insurer by the time the engineer visits, then you can't be blackmailed either - not that anybody would do such a thing.
Just ride it out.
And do learn from this and try not to drop quite such a major one next time.
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no comment on chav cars from me
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Hmm, after all this you still think i'm a chav? Interesting. You know the car i described could just be a sporty model painted in a nice colour with some tasteful alloys. Anyway, that's not the point of the thread, but refraining from comment simply because you think it's a chav car is a bit silly :)
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Although i guess failing to declare cosmetic modifications is a pretty chavvy thing to do! Fair point!
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Firstly, MichaelR - IANAL ??
I Am Not A Lawyer.
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Now what would happen if the insurer declined to insure due to the mods? (part way through a policy). There are certainly insurers around who decline to quote for the slightest mods such as alloys - never mind beefed up brakes and lowered.
Martin
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"Trust not thine insurance company for they shall surely screw thee!" (Old saying)
--
e Prof
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Yes eProf. They will if they can.
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