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What are my rights for a minor accident?

2

Comments

  • fred7777
    fred7777 Posts: 677 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    You don't have to give the other driver your insurance details but you do have to give them your contact details. If they go via their insurance then (in my experience at least) their insurance company will contact you asking if you are going to pay or involve your insurance company.
    Informing your insurance company is a separate issue. Depending on their terms and conditions they may demand to be told within a certain time of any accidents and if they are not told they made refuse to cover you for this incident or for any incidents (depending on t&c).
    About ten years ago I had a very minor bump where the only damage to my car was a scratch on the bumper paintwork. I informed my insurance company that as the damage I didn't want to make a claim unless the other party claimed against me and the claim was more than my excess and they were OK with that.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    They can get the details from askmid for a few pounds, and claim directly if they want to.
  • Gene_Hunt_2
    Gene_Hunt_2 Posts: 3,902 Forumite
    There is no point refusing to provide your insurance details, the TP will report it to their insurers who will do a search of the motor insurers database, find the details and approach them direct, then the insurers will be within their rights to refuse to indemnify due to failure to notify.

    True but the RTA states insurance detail must be given in the event of injury and not for damage only.
  • Trebor16
    Trebor16 Posts: 3,061 Forumite
    Tilt wrote: »
    You don't have to provide your insurance details at the scene unless someone is injured.

    But you do have to provide your insurance details at some point. It used to be the case that for damage only RTA's that there was no obligation to provide insurance details but they had to be provided where there was personal injury to vehicle occupants or other parties involved, but the RTA was changed a good few years ago to require the exchange of insurance details in damage only RTA's.
    "You should know not to believe everything in media & polls by now !"


    John539 2-12-14 Post 15030
  • nicolax
    nicolax Posts: 298 Forumite
    as has been said before no visible damage does not necessarily there has been no damage to the car. my parents had someone hit the back of their old car - very little visible damage, mainly cosmetic - but when it was inspected there was deeper damage to the bumper which needed replacing
  • Gene_Hunt_2
    Gene_Hunt_2 Posts: 3,902 Forumite
    Trebor16 wrote: »
    But you do have to provide your insurance details at some point. It used to be the case that for damage only RTA's that there was no obligation to provide insurance details but they had to be provided where there was personal injury to vehicle occupants or other parties involved, but the RTA was changed a good few years ago to require the exchange of insurance details in damage only RTA's.

    Not according to Sect 170 RTA 1988.
  • Trebor16
    Trebor16 Posts: 3,061 Forumite
    Which section 170 of the RTA 1988 are you reading Gene? The one I have just read does include damage only accidents.
    "You should know not to believe everything in media & polls by now !"


    John539 2-12-14 Post 15030
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    spike43 wrote: »
    The car in front of me came to a very sudden stop, I hit the brakes but couldn't avoid bumping the back of it. A

    You are 100% at fault. You were driving too close. That is the end of it.
  • Tilt
    Tilt Posts: 3,599 Forumite
    Paragraph 5 of the act; If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
    (a)to a constable, or
    (b)to some person who, having reasonable grounds for so doing, has required him to produce it,
    the driver must report the accident and produce such a certificate or other evidence.
    This subsection does not apply to the driver of an invalid carriage.

    Paragarph (subsection) 1 of the act; (1)This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs by which—

    (a)personal injury is caused to a person other than the driver of that mechanically propelled vehicle or
    (b)damage is caused—

    Paragraph 5 does not refer to subsection (1)(b) thus meaning insurance details need not be exchanged at the time of an RTC in those circumstances (damage only).
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Gene_Hunt_2
    Gene_Hunt_2 Posts: 3,902 Forumite
    Trebor16 wrote: »
    Which section 170 of the RTA 1988 are you reading Gene? The one I have just read does include damage only accidents.

    This bit.;)
    Tilt wrote: »
    Paragraph 5 of the act; If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
    (a)to a constable, or
    (b)to some person who, having reasonable grounds for so doing, has required him to produce it,
    the driver must report the accident and produce such a certificate or other evidence.
    This subsection does not apply to the driver of an invalid carriage.

    Paragarph (subsection) 1 of the act; (1)This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs by which—

    (a)personal injury is caused to a person other than the driver of that mechanically propelled vehicle or
    (b)damage is caused—

    Paragraph 5 does not refer to subsection (1)(b) thus meaning insurance details need not be exchanged at the time of an RTC in those circumstances (damage only).
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