The Warning turns into a Headache!

lisyloo

Well if you agreed in writing that you would not claim, then I think that will hold water and you can't claim now.
Is there anything that makes you think that agreement isn't valid in law?

Pew_Pew_Pew_Lasers!

What speed was the collision? Its difficult to give advice on this over the internet, so the decision must remain yours.

Firstly, the accident was your fault, and you're lucky the other driver has taken things no further. Next time, pay more attention to your driving, and leave adequate stopping distance.

Secondly, your car may have what appears as minor damage, but is actually severe structural damage. It could be quite safe to drive, or it could be dangerous. Nobody here can advise you on this, its a decision you have to make yourself.

The damage could be structural, or it could be aesthetic. If the former - think carefully about your next move. If the latter - well I'd ignore it.

gsmmad

even if in writing the settlement must have a monetary value even if one pence, otherwise the contract is not valid.

lisyloo

even if in writing the settlement must have a monetary value even if one pence, otherwise the contract is not valid

Useful info.
So if it was an amateur contract then may not be valid and an insurance claim may be in order?

blued

Can you take it to another garage for a second opinion? Dont give them any of the details that the first garage has given you, just say you had a bump and the radiator is now leaking.

motorguy

To the O/P

As you would be claiming off your own insurance (ie, its your fault you ran into his rear) then i dont see why you cant now phone your insurance company and explain you had an accident but didnt think there was any damage but have now been told there is.

Also, i dont think there is anything to subsequently stop the guy you hit claiming - other than i suspect he may not have had insurance / MOT or something as he seemed quite keen not to make a claim - so you not claiming for your car may mean a claim going in anyway subsequently from the other party.

wobbley

You actually have a legal obligation to inform your insurance company of the accident regardless of any contract or agreement with the third party. It is in the T&C's of your insurance.

Lum

Wobbley is correct, but in the real world if neither party are interested in claiming most people don't bother since even the "victim" in this incident will suffer increased insurance premiums for the next 3-5 years. Technically speaking if you reverse into your driveway and scratch your bumper of the gatepost you should inform your insurance but who the hell does that? You wont lose NCB if you don't actually claim, but it's still declarable for the next 3-5 years.
Maybe this isn't an ideal topic for this forum but I guess it's up to the OP what they do in this regard, may be best to keep it quiet.

As for the whether to claim or not it's a simple formula.

A) Calculate Value of repaired car with an accident history minus value of car sold as is.
Calculate the cost of losing your NCB and also bear in mind that upon declaring the accident your premium will rise in addition to the NCB loss.

If A > B then claim.

Personally I'd just get an independent small garage to take a look, see if it's safe, fix the minimum needed to get the car running safely (sounds like just radiator and headlight alignment?) and then carry on driving it. Then again I don't drive a Merc and don't have enough shame to be embarrased about driving around in a wreck. If this is an issue for you then go back to the above two options.

lisyloo

For B you can do quotes
e.g. use comparison sites with zero claims and normal NCB and then 1 claim and less NCB (or whatever is aprropriate pre and post claim).

Bear in mind that if you are a named driver then you will have to declare it.
Also if you have other vehicles e.g. motorbike then it's a motoring claim too, so it may affect several insurances.

Having said that if youa re taking about a 4 figure sum then my gut instinct would be to claim.

Whether you have proptected NCB comes into play as well.

petrolhead69

I would get a second opinion, get the tracking and headlight alignment checked, if they are ok get a bumper and rad out a breakers, should cost £150 tops for the parts. should only take an hour or so to change. some garages are understandably overly cautious about getting the repair perfect, when in the real world less than perfect will do.