Very Minor Car Accident - Is settling outside insurance Legal??

Neill1981

Hello,

I'lll try and keep this story somewhat brief, it happened to my little sister whilst diving about a week ago.

- In almost standstill traffic, she bumps into the car in front, speed was not more that 3mph
- Guy gets out, doesn't say anything and then starts taking photos of the back of his car, then starts taking photos of her car from all angles (even the back?)
- He demands her name, address, all details which she gives him
- she asks for his, he declines, eventually gives his name and a phone number no address
- He tells her he thinks there is structural damage to the car ( there is certainly no visible damage - we have a photo),
- Generally he is quite unhelpful, he didn't want to give his details because he said he is the car in front so his details are not needed
- He continues taking photos or the car, my sister (who is 6ft and blond) now thinks he is taking photos of her

Anyway - she reports everything to her insurance.

A week later he calls and says

- For her benefit he won't claim if she pays him £250, this should cover the damage
- He says there is structural damage to his suspension
- He says his break light is not working
- We ask if a mechanic checked the car he says no, his friend,
- We ask if he can get a mechanic to check the car he says yes but that might cost us more
- We argue that a mechanic will give you the quote for free, normal procedure
- He then tries to say its for our benefit, this will save us insurance cost later
- My sister says how do we know he won't take the money and then make a claim and he says he will send an email to confirm that once we send him the money the situation will be over
-He starts to say the value of our car will go down because its been in an accident so better not to tell insurance

To me it sounds dodgy, like either there was existing damage which he now wants repaired for free ( at our cost) or he is just trying to make a quick buck - also, if he claims he may loose his NCB and may have to pay excess depending on what deal he has. In our view, my sisters insurance might go up slightly but I don't see it being that much of a deal. I am more concerned that we are being taken for a ride and not even sure if making this type of agreement is allowed, its almost like he is black mailing us. Can anyone help??

Thanks for reading ( I know this was a little long winded)

NF

nomoneytoday

It's already reported to the insurance, so you may as well let them handle it. Her no claims is already falling...

InsideInsurance

nomoneytoday wrote: »

It's already reported to the insurance, so you may as well let them handle it. Her no claims is already falling...

Contrary to the above, normally if no claim is made against your insurance then your NCD will not change (its a no CLAIMS discount not a no blame discount).

It is perfectly legal for you to deal with the matter yourself, though some insurers may not like it. Even when an insurer is dealing with the claim then in most cases they are legally dealing with it in your name anyway.

The obvious risk is that you pay them £X and then they go ahead and make a further claim against you either immediately or in a year or two's time when some ambulance chasers suggest he's due £3k and if he doesnt claim it then the insurers will spend it on champagne or give it to the government or such rubbish.

You can always do a couple of quotes on the likes of Confused.com based on you having X years NCD and a non-claimed for fault accident or Y years NCD with a claim. Use slightly modified name, dob, address etc to avoid issues in the future but this should give you an indication on the likely premium difference if you deal with it yourself or hand it over to the insurer.

Of cause a claim can impact you over 5 years and your NCD could take that long to recover too with some insurers but in reality the biggest impact will certainly be in year 1

wealdroam

As well as the excellent advice from InsideInsurance, do remember that you currently have no proof that the repairs to the other car will cost £25.00 or £250.00.

As you say OP, this sounds dodgy to me too.

Was there any obvious damage to the other car?

mum2one

To me it sounds like the driver in front is a set up merchant, from what the op said he didn't give his address, the photos, the round figure of money, it all sounds too organised.

I would say the right thing has been done let the insurers deal with it, the fault will be the driver as she went into the back if the other car, if your no claims is protected it should only make a small impact on the insurance at renewal but there's nothing that is keeping you to the same company.

About 2 hrs my father was driving my car when he had a little accident this car was right up his rear he went to reverse as he had tried to get into a car park exit not entrance, the driver wouldn't swop addresses so he the scene to get the number plate -when the claim came throu all 4 passengers had whiplash injuries and all the major damage to the car but when the insurers checked my car bar a scratch there was a nothing to mine.

It was classes as a fault my renewal quote went up by £20 but I shopped around and paid about what I had paid that yr.

Any interaction such as emails, letters or calls asking for money just refer them to the insurers don't communicate with the 3rd party x

Hedgehog99

Sounds very dodgy - agree with other posters re dealing only through insurance & not with the man.

I think there should be a better system than being expected to exchange names & addresses at the scene - anyone could lie and any lowlife could get your address.

Gavin83

Hedgehog99 wrote: »

I think there should be a better system than being expected to exchange names & addresses at the scene - anyone could lie and any lowlife could get your address.

Don't, there is no reason for them to have your address. Name, reg, telephone number and insurance company should be more than suitable.

To the OP, the person in front was entirely within their right to take photos of the car and even of her. That way theres no denying she was driving at the time should it come down to it.

When he rung up did your sister inform him she'd already told her insurance company?

His reluctance to deal with this issue to me suggests one of two things:
1) There really is no damage what so ever and he's just trying to make a bit of cash.
2) He has no insurance, or maybe even no licence.

My advice to her would be to pass everything to her insurance company as he could well end up being a nightmare. Thats what they're paid for.

unholyangel

How about a compromise?

Get him to take it to a garage you trust - who can then perhaps tell you if the guy is pulling a fast one or whether the accident did actually cause the damage. And if it turns out it was caused by the accident, you can pay the garage direct instead of handing over any money.

If he's genuine, I cant see any reason for him not to agree to this. Although imo if your sister was truly going so slow and it was only a very slight nudge, he's definitely pulling a fast one. I've witnessed a fair few bumps at 10mph or under over the years and the most damage has been a few scratches/dents on the bodywork.

Your sisters premiums may already rise. This is because - regardless of whether she has claimed for this particular case....she's now (statistically) at higher risk of making a claim in the future. She should check her policy documentation to see what it says as some insurers are more forgiving than others. Direct Line used to put premiums up regardless of who was at fault (albeit sometimes they only did so temporarily for 6 months) where Cooperative insurance had a "unless you're making a claim, we dont need to know" attitude.

hollydays

I'd speak to the police. Give them the details and ask should you go ahead with this, or do they need to know.

He may have a criminal record and doesn't want to be traced.

powerful_Rogue

hollydays wrote: »

I'd speak to the police. Give them the details and ask should you go ahead with this, or do they need to know.

He may have a criminal record and doesn't want to be traced.

Its not a police matter. Its a non injury RTC and both parties have exchanged details. Its a matter for the insurance company to resolve.

Neill1981

wealdroam wrote: »

As well as the excellent advice from InsideInsurance, do remember that you currently have no proof that the repairs to the other car will cost £25.00 or £250.00.

As you say OP, this sounds dodgy to me too.

Was there any obvious damage to the other car?

Thanks. Yes the lack of proof is an issue, also that HE has not had it checked by a proper mechanic or garage so he has no idea of damage and this is why it sounds dodgy. I'm considering letting the insurance company know about this conversation.