Another no fault accident thread - sorry.

Doozergirl

Whilst waiting to turn left at a T junction a couple of weeks ago, the person behind me decided that I had already turned and instead of looking straight ahead, drove straight into the back of me whilst I was stationary.

Quite a crunch but on looking at the back of my car, which was very dirty (country lane driver!), there was grazing and scratches to the 2 colour coded bumper parts. Popped into BMW today and the bodyshop manager immediately spotted what I hadn't and behind the number plates, on either side, you can clearly see where the bumper has been crunched in and popped out again and has disfigured. The bumper, consisting of 3 parts needs replacing and the PDC resetting in place. His suggested cost is in the region £1000 (hooray for new cars and fancy parts, eh?) but he was also reassuring and said that I can use their accident management service and he will organise it all so I needn't worry about anything.

Except... I have the registration number, make, model but only the first name and mobile number of the culprit's boyfriend who owns the car. H spoke to him, and whilst I think he might be shocked as initially it did look like superficial damage (which was always going to be expensive with a new car and they are insistant they want to do it outside of insurance), he didn't want to give his full details - asked that we give him a chance to think and call tomorrow. The database thingy shows that it's insured, but I'm not entirely convinced that his girlfriend is properly insured (fronting perhaps or just simply making out that she's insured under another policy 3rd party) as she wasn't keen to divluge much either at the scene.

Bit bored of it really, especially as BMW have said that they will just sort it as it's a no fault claim and I should stop feeling sorry for them... Two questions please?

a) If it's all above board and she is insured and they decide not to answer the phone any more, can I give what I have to the accident management company or do I need to somehow trace their full details before they will deal with it?

b) If she isn't insured on his car or is covered 3rd party under another policy, what happens then?

Sorry to ask, I've read lots of posts, but every situation seems to be different and you don't take it all in until it's you

Thanks in advance

exup

If the girlfriend is covered by 3rd party insurance on her policy for instance. Then as you are the 3rd party, her insurance will pay out for damage to your car, but not her boyfriends.

Doozergirl

Thanks. So if she is under her own policy is it her details I need to get?

They're not making it easy for us

neilmcl

Leave it to your insurance/BMW accident management co. they'll get all the relevant details regarding the third party. Be aware thet even if you opt to use the BMW accident management service you will stiil be obliged to inform your insurer of the accident.

Lum

I'd use the accident management service. Your own insurer will dock you 2 years no claims bonus until the 3rd party pay up and this can sometimes take years.

Just be sure to find out what the accident management service will do if the 3rd party don't pay up. Some of them offer very cheap insurance against this situation. E.g. for a tenner, Helphire will agree to waive the cost of hire car + repairs in the event the other lot don't pay or are uninsured.

Flyboy152

Doozergirl wrote: »

Whilst waiting to turn left at a T junction a couple of weeks ago, the person behind me decided that I had already turned and instead of looking straight ahead, drove straight into the back of me whilst I was stationary.

Quite a crunch but on looking at the back of my car, which was very dirty (country lane driver!), there was grazing and scratches to the 2 colour coded bumper parts. Popped into BMW today and the bodyshop manager immediately spotted what I hadn't and behind the number plates, on either side, you can clearly see where the bumper has been crunched in and popped out again and has disfigured. The bumper, consisting of 3 parts needs replacing and the PDC resetting in place. His suggested cost is in the region £1000 (hooray for new cars and fancy parts, eh?) but he was also reassuring and said that I can use their accident management service and he will organise it all so I needn't worry about anything.

Except... I have the registration number, make, model but only the first name and mobile number of the culprit's boyfriend who owns the car. H spoke to him, and whilst I think he might be shocked as initially it did look like superficial damage (which was always going to be expensive with a new car and they are insistant they want to do it outside of insurance), he didn't want to give his full details - asked that we give him a chance to think and call tomorrow. The database thingy shows that it's insured, but I'm not entirely convinced that his girlfriend is properly insured (fronting perhaps or just simply making out that she's insured under another policy 3rd party) as she wasn't keen to divluge much either at the scene.

Bit bored of it really, especially as BMW have said that they will just sort it as it's a no fault claim and I should stop feeling sorry for them... Two questions please?

a) If it's all above board and she is insured and they decide not to answer the phone any more, can I give what I have to the accident management company or do I need to somehow trace their full details before they will deal with it?

b) If she isn't insured on his car or is covered 3rd party under another policy, what happens then?

Sorry to ask, I've read lots of posts, but every situation seems to be different and you don't take it all in until it's you

Thanks in advance

A no fault claim, means that it is not your fault, not, there is no one to blame. You have given your insurance compnay the details of the other car, it is now up to them to sort it out. Who was driving etc. should not be your concern, let the insurance companies deal with that. If however, you wish to notify the police, I would wait until your claim is settled, before you muddy the waters.

Lum

^^^ Unless anyone in the accident was injured. In that case the Police must be notified within 24 hours.

Flyboy152

Of course, but in this instance, fortunately it seems as though no one was.

maninthestreet

Doozergirl wrote: »

Whilst waiting to turn left at a T junction a couple of weeks ago, the person behind me decided that I had already turned and instead of looking straight ahead, drove straight into the back of me whilst I was stationary.

Quite a crunch but on looking at the back of my car, which was very dirty (country lane driver!), there was grazing and scratches to the 2 colour coded bumper parts. Popped into BMW today and the bodyshop manager immediately spotted what I hadn't and behind the number plates, on either side, you can clearly see where the bumper has been crunched in and popped out again and has disfigured. The bumper, consisting of 3 parts needs replacing and the PDC resetting in place. His suggested cost is in the region £1000 (hooray for new cars and fancy parts, eh?) but he was also reassuring and said that I can use their accident management service and he will organise it all so I needn't worry about anything.

Except... I have the registration number, make, model but only the first name and mobile number of the culprit's boyfriend who owns the car. H spoke to him, and whilst I think he might be shocked as initially it did look like superficial damage (which was always going to be expensive with a new car and they are insistant they want to do it outside of insurance), he didn't want to give his full details - asked that we give him a chance to think and call tomorrow. The database thingy shows that it's insured, but I'm not entirely convinced that his girlfriend is properly insured (fronting perhaps or just simply making out that she's insured under another policy 3rd party) as she wasn't keen to divluge much either at the scene.

Bit bored of it really, especially as BMW have said that they will just sort it as it's a no fault claim and I should stop feeling sorry for them... Two questions please?

a) If it's all above board and she is insured and they decide not to answer the phone any more, can I give what I have to the accident management company or do I need to somehow trace their full details before they will deal with it?

b) If she isn't insured on his car or is covered 3rd party under another policy, what happens then?

Sorry to ask, I've read lots of posts, but every situation seems to be different and you don't take it all in until it's you

Thanks in advance

The law requires that you should swap names and addresses following an RTA. My guess is that the other driver wasn't actually insured to drive the car.

Flyboy152

maninthestreet wrote: »

The law requires that you should swap names and addresses following an RTA. My guess is that the other driver wasn't actually insured to drive the car.

That sounds like the most obvious explanation, but in order to ensure a swift conclusion to the OP's case, I would recommend not mentioning it until either, their insurance company raises it as an issue, or wait until the claim is settled before bringing it up.

DirectDebacle

This is the law which drivers are required to comply with.

170 Duty of driver to stop, report accident and give information or documents. E+W+S

(1)This section applies in a case where, owing to the presence of a [F1mechanically propelled vehicle] on a road [F2or other public place], an accident occurs by which—

(a)personal injury is caused to a person other than the driver of that [F1mechanically propelled vehicle], or

(b)damage is caused—

(i)to a vehicle other than that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(ii)to an animal other than an animal in or on that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road [F3or place] in question is situated or land adjacent to such land.

(2)The driver of the [F1mechanically propelled vehicle] must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3)If for any reason the driver of the [F1mechanically propelled vehicle] does not give his name and address under subsection (2) above, he must report the accident.

(4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5)If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of [F4a 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.

(6)To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

(a)must do so at a police station or to a constable, and

(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7)A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within [F5seven] days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8)In this section “animal” means horse, cattle, !!!, mule, sheep, pig, goat or dog.

I recommend it is complied with and that Doozergirl fully report this to her insurers.