OH crashed into another car, what do we do now?

maninthestreet

Armengar wrote: »

Contact the police about the incident. Afterall car1 drove off after the scene of an accident.

Never admit liability and yes phone your insurer stating they braked suddenly with no brake lights noting your highway code for stopping distances. Car 1 should have stopped as they were part of the accident if both car 2 and your car 3 claim they were at fault. MIB will most likely sort the mess out if car 1 cannot be found.

Car1 was not involved in the collision - imagine there was a queue of dozens of moving cars, and the first car in the queue breaks - every car in the queue behind manages to break and stop in time, except the last one, which hits the last but one car. Are you seriously suggesting that the first car in the queue is considered as being involved in the collision? What about the rest of the cars in the queue that managed to stop in time? Are they involved as well?

OrangeProse

Did your OH get details of the other driver's insurance? From your original post, it sounds like the other driver leapt very quickly to suggesting that he send your OH a bill direct. If he didn't get the insurance company, did he get the other driver's name, address and the number plate of his car?

In an ideal world, both parties would report the accident to their respective insurance companies (and I think the police, who are obliged to be notified of any accident that happens on a public highway, even if they do not attend it) and the insurance companies would talk to each other and sort it all out.

So you definitely need to report it to the insurance company. If you don't do it, and they find out about it (insurers share databases and I think they can access the police's database of road traffic accidents) then you risk invalidating your policy.

Your insurance policy should cover any repairs (up to a certain amount, but it's usually quite a lot - check your policy and schedule for the exact amount). Medical bills I'm not so sure about, so you should check your policy carefully, but I'm pretty sure UK insurance policies cover medical expenses up to a certain amount - again quite a big number. My last policy, which was with Tesco, covered any medical bills incurred by either party up to half a million pounds. But every policy is different so make sure you check.

You should report it to the insurance company and let them deal with the other driver. People throw around words like 'whiplash' quite a lot at the scene of an accident, as some people seem to think in the heat of the moments following the accident, that it's a quick and easy way to a few grand. But actually getting anywhere with it is much trickier. The other driver would have to go through all sorts of medical tests and prove to your insurance company that not only has he suffered whiplash, but also that it was definitely and conclusively caused by the accident in question. Not easy.

Also, if it turns out that the other driver is not insured, then he's not likely to get anywhere at all. In fact he'd be breaking the law and it would be unlikely for him to get anything at all out of your insurance company. This might be why he was so quick to jump to talking about sending out repair bills direct. If you speak to your insurance company, it formalizes and legitimizes the whole thing and it'll make it a lot harder for him to pull any funny business if he isn't insured.

But, in answer to your question, definitely talk to your insurance company as soon as you can. That's the priority.

Quentin

OrangeProse wrote: »

Also, if it turns out that the other driver is not insured, then he's not likely to get anywhere at all. In fact he'd be breaking the law and it would be unlikely for him to get anything at all out of your insurance company.

If the other driver is uninsured, then this is no reason why the OP is relieved from his obligations regarding the damage caused.

Driving without insurance is a criminal matter, but it doesn't mean that you can crash into people who are criminals, damage their property and injure them and not have to pay them their damages (which is a civil matter anyway!)

Dinah93

Thanks so much everyone who has posted, has stopped me panicing imensely! My OH finishes his day job at 3.30, so I will get him to call the insurers then as he'll have an hour and a quarter to try to sort things with them on the phone before he has to go job 2, as I doubt they'll be open when he gets home at 9pm.

My OH called the police and they said they did not need to attend as it wasn't an aggrevated incident, but at least he let them know.

I know he got the other guys name and phone number, and registration plate. I doubt he gave the other guy the name of our insurers as I organise the insurance and I doubt he would know who he was even with! Loosing no claims isn't an issue, we just got that car two months ago as a second car having only had one up to that point, have 6 years NCB in my name on the main car, and as a named driver he is earning a years NCB on that policy also.

I thought the brake light thing was a bit dodgy too, but as you say, so hard to prove and if he was aware of the issue before hand, will certainly have been repaired by now.

I'll email him this thread so he has all the information, but as usual the MSE posters have come up trumps for us and I can't thank you enough for all the advice.

Dinah x

Quentin

OrangeProse wrote: »

This might be why he was so quick to jump to talking about sending out repair bills direct.

No, in cases like this (rear end shunt), liability is usually cut and dried.

So the injured party could well instigate a claim directly against the responsible party - or instruct claim handlers to do so.

By doing this there is no need to make an insurance claim off their own insurer, and subsequently have the hassle of making another claim off the third party for all uninsured losses (excess/car hire/loss of earnings/personal injury etc).

mikey72

Look on
http://www.askmid.com/

For a fee they will sell you details of the other cars insurance policy, or you can check your own appears for free.

dacouch

When you report the claim to the Insurers make sure you tell them exactly how many people were in the car at the time of the accident. It is fairly common for extra passengers to appear later and claim for injuries.

If you have something like this in the future its an idea to take the details down of all passengers and ideally take a photo of them on your phone as this can help stop these types of claims.

asbokid

OrangeProse wrote: »

In an ideal world, both parties would report the accident to their respective insurance companies

That is what both parties are obliged to do, even if they are not going to claim anything from the other party, or are going to re-imburse each other directly. In those case, they are still obliged to tell their insurance companies about the accident for "information purposes only".. that shouldn't affect NCB in any way since there is "no claim", even if blameworthiness is obvious..

(and I think the police, who are obliged to be notified of any accident that happens on a public highway, even if they do not attend it)

You must report the accident to the police if it has resulted in personal injury, or if there is damage to property and you did not, or could not, provide your details at the collision scene to anybody who had reasonable grounds for requesting it (e.g. a motorist driving another car in the collision, or the owner of a wall, telegraph pole or street lamp, that has been damaged in the crash).

So you definitely need to report it to the insurance company. If you don't do it, and they find out about it (insurers share databases and I think they can access the police's database of road traffic accidents) then you risk invalidating your policy.

Exactly..

Sirbendy

I did call the police, big yes to carrying a camera phone or similar in the car - mine was written off in a rear ender on Monday when a Fiesta tried to mount me. Kept calm, exchanged details, used cam-phone to take pics of mine/other vehicle, showing plates and occupants.

Contacted insurance, e-mailled photos to them, gave them the details too - job jobbed.

I did call the police, as the rear of my car was a mess and I didn't know if I'd get on the wrong side of plod continuing..one swung by, took a look and said "no driving it, I'll drive you home".

Also, don't be rushed or intimidated. I hit a parked vehicle in the back years ago, and let my insurance deal (with photos)..he put in a claim for £0000's. My insurance suggested I go to the repairing garage and request a bill of works for it, to see what needed doing. I did so.

Bumper and respray of door I was OK with.

Full valet/new exhaust/service/new headlights and wingmirror I was NOT impressed with. Went back to my insurer, said "I hit the back corner, none of this - he's taking the p***"..sent them the bill of works, they agreed and declined to pay for anything other than the damage I did. Cheeky get.

dacouch

Well done Sirbendy, your Insurers will be amazed that for once they actually have some helpful evidence.

You have to remember that all a claims handler normally has in front of them is your claims form, the other drivers allegations (Which normally do not tally with yours) and now days google earth and streetview. The pictures and other evidence can really help them deal with a claim correctly and reduces the chances of extra passengers with injuries or extra damage on their car. In addition if it ever goes to court the Judges do sometimes taken into account the quality of a witness so this may help whose statements the Judge believes.

If everyone was as on the ball as you it would save them and their Insurers lots of time and money.