The bump that never happened- advice please

jennyjelly

Hi, hope someone can give me some advice on the route I should take after an unpleasant event this morning. It happened like this.

We had had a lovely couple of hours at a car boot sale and were backing out of our parking space when we heard someone shout STOP. OH slammed on the brakes, assuming a child or a dog had run behind the car, and this large bloke started haranguing him, saying we had backed into his car. We had actually stopped several inches away from his car, but of course he claimed we had driven forwards again, which we hadn't.

Next thing we know he is pointing at a stone chip in the paintwork and claiming our car had done it. He had four members of his family with him all backing him up. We politely pointed out that there had been no impact and even if here had the chip was 3 inches higher than our bumper, but there was no shutting them up. He pointed to a speck of paint on our light lens and said it was his paint and took a photo, though that won't help him as his car is silver and the speck on ours is white, a result of a recent touch up job on the rust around the light. To be fair, our car would have had to fold its bumper in and jump in the air to do the damage he is claiming. He wouldn't have it though.

Anyway, cutting a long story short, they intimidated OH into giving his details and say they are going to claim off our insurance.

So what I would like to know is this - should we pre-empt him by going to our insurance and warning them to expect his claim or wait and see if he was bluffing? Not having had a claim made against us before, either false or genuine, we are not quite sure how it all works. Any advice would be much appreciated as I'm worried we could lose our no claims bonus even if it's not our fault.

Thanks!

*MF*

Hi ...

Others may well totally disagree with what I am about to say - but I would do nothing for a while - and for "a while" I mean about 2/3 weeks.

Once you report the matter to your Insurer you will immediately put your no claims discount at risk - and maybe if the other party does start a claim against you that is what you may indeed have to do.

Meanwhile I would suggest you photograph your car - specifically the area around the light where "your white paint" is.

It's not clear if you did the re-touching of the paintwork or a garage did - but a "sample" of that paint - available either because it was a garage that did the painting and you can re-contact them - or by taking it to a garage (paint spraying type repairer) to have an independent verification of the colour and paint type would be my other step.

A bit OTT? Possibly - but if you can establish that the heights of the cars make the assertion from the other party doubtful - at worst, and that the paint does not match - then, in the absence of "independent" witnesses you are better placed than otherwise.

But remember - asking your Insurer to defend you against a claim - is still potentially liable to affect your NCD - thus my initial advice.

Hope this helps a bit - but let's see what other posters say ...

SolicitorMidlands

I would report it as a possible claim so insurers are aware of it. If his excess is more or around the same amount as the damage, it wouldn't be worth him going through his insurance.

jennyjelly

Thanks to *MF* and SolicitorMidlands for the advice - pity they are conflicting, now I have to decide which one to follow!

So far he hasn't phoned to get our insurance details, so I think I'll wait and see if he does - I hope I'm right in thinking he can't do anything without them?

Then, if he does ring and it looks as if he is going to go through with it, I'll pop into our insurance brokers and tell them what has happened byt make it clear we are not making a claim (no damage so nothing to claim for!) and hope that as brokers they will be willing to help us to do the right thing. I don't think they will be too keen to help a fraudulent claim.

*MF*, you make a very good point about measuring the height of the 'damage' - unfortunately the address he gave is on the other side of the counry from us - I think they must have been on holiday. Still, I have photographed our light as you suggested, and as the touch-up was a diy job OH is going to root in the garage to see if he kept the rest of the tube.

Meanwhile I just hope he's thought better of it.

Thanks again for the advice.

dacouch

He can make a claim against you armed with just your Reg Number.

I personally would recommend that you speak to your Insurance Broker as you can explain the circumstances and they can advise you how your Insurers would normally deal with it (Either sit and wait or advise them now).

Quentin

The third party has your details which is all he needs to instigate a claim against you.

If he does, then pass it on unanswered to your insurers.

Your policy will tell you that you must inform your insurer asap after any incident that may lead to a claim.

Crazy_Jamie

Quentin wrote: »

Your policy will tell you that you must inform your insurer asap after any incident that may lead to a claim.

This is the bottom line really, and why I would go along with the majority and inform your Insurers about this.

*MF*

@OP ...

Everyone who says it is a condition of your policy to notify your Insurer asap after an incident which could give rise to a claim is correct - that is why I said I would face total disagreement over my advice in my post.

But let me say this for you think about, ok.

When you contact your insurance broker ...

1: Ask whether you have what is called "Protected NCD" - which allows you a number of claims without a reduction in NCD until that number has been exceeded.

If you have "Protected NCD" - it would alter my thinking.

2: If you don't have "Protected NCD" - ask your Broker to estimate how much the loss of NCD will amount to. Example: If you have 60% NCD - it is likely to drop to 40%, then next year (with no more claims) it will rise to 50%, then the year after get back to 60%. It will only be an estimate, because we don't know what future premiums will be.

3: Where I am heading (and it was inherent in my initial advice) is that "financially" will it be cheaper (even it goes against every instinct and justice) to pay for the repair of a stone chip than lose your NCD?

I doubt whether you will like that thought - paying for something that you didn't cause (I don't) - but that in essence is what is happening if you lose your NCD (and that will potentially happen even if your Insurer defends your claim and wins), and it is the comparative cost that was in my mind when I first replied.

dacouch

If they report the claim and it turns out to be low value then they can always take over the claim from the Insurers and pay it themselves which would not affect their bonus.

From the sounds of the incident, I would not be surprised if some or all of the family that were in the car put a claim in for injury

dougk_2

If they are making a third party claim, it will not affect their own NCB.
They can make a claim direct to your insurer.
I know because this is currently happening to me!
I did make contact with another car, but it was very light (walking pace) and there was NO damage to either car. However the third party is claiming over £800 damage with my insurer , who said that because I admitted contact to them that they have admitted liability and are paying out! I have advised them it is a fraudulalent claim in my view, but they just ignore me and they say they will have to pay for any accident damage..The third party did not give me their insurance details dispite requesting it or I would have notified them of the incident in full. I have no need to make a claim myself as my car is fine...
anyone have any suggestions as to what i should do as my insurer won't class the claim as false.

Quentin

Your insurer is paying because they feel you were totally to blame.

What grounds do you have for saying there is no damage to the car you hit?

Your insurer will only pay out for any damage/compensation caused as aresult of the accident.

You won't have any excess to pay. And as you don't wish to make a claim against the other driver, why would you want to contact their insurer to report the incident?