late claim

Dkokic

Hi,

Sadly we did not inform the insurance about minor accident (they have a clause in the contract to be informed within 48hrs).
Weeks after the 48hrs passed if we communicate with them now can they deny to cover the costs of the third party?(we have no costs and we will admit we are at fault)

Could they say that our insurance is void?

Spicy_McHaggis

Aren't you happy with the advice on pepippoo?

DUTR

You may have good reason not to make the 48hrs, (empathetic excuses don't always count) , The insurance will not be void and they will still honour the 3rd party claim (contrary to that car park incident thread) .

Dkokic

Spicy,
Pepiboo suggested that I might find additional info here.

DUTR,
Our excuse is that we were waiting for the 3rd party to inform us if there was any damage and this was the first incident we have ever had for many years.

My main concern is that the TP should be compensated (we were at fault) but the same time I want to make sure that we dont open ourselves to a possible PI by going privately and admitting liability.

So perhaps we should contact them and see what they think?
If they decide to not cover, does it mean that our policy is void for this claim only or void generally?

OnanTheBarbarian

Your insurers cannot avoid a third party claim as they are bound by Section 152 of the Road Traffic Act to settle any judgment against you.

What they may well be able to do is seek money back from you, depending on what the terms of your policy are.

Sounds like the terms you get on a taxi policy or third rate stuff from the likes of Markerstudy or other Gibraltar based outfits.

Dkokic

Thanks Onan.

Will that money be only what the TP will quote or will they be significant add-ons?
And if the TP goes for PI will they cover me or let us adrift on our own?

DUTR

Dkokic wrote: »

Spicy,
Pepiboo suggested that I might find additional info here.

DUTR,
Our excuse is that we were waiting for the 3rd party to inform us if there was any damage and this was the first incident we have ever had for many years.

My main concern is that the TP should be compensated (we were at fault) but the same time I want to make sure that we dont open ourselves to a possible PI by going privately and admitting liability.

So perhaps we should contact them and see what they think?
If they decide to not cover, does it mean that our policy is void for this claim only or void generally?

When you notify the insurers, it is just that, say you clipped someone's wing mirror and the 3rd party wanted to claim from your insurance, they still could, you can still re-inburse the insures and as such it is a claim fully recovered.

In your case you could have notified them. Then the 3rd party can take their time (within reason) to persue a claim. If it's a few months though, then the complaint maybe more difficult to be upheld as other damage could have occured in the meantime and their insurers would be asking the question as why were they not informed.

Dkokic

so would that mean that they would ask me to pay the full sum?

If I paid this and the other party filed a PI claim, would they cover me/support me then?
Or would they deny to cover this one as well?

Also would such a scenario mean, that they would consider my insurance void?

OnanTheBarbarian

They have to cover the whole costs of any third party claim, so they can't leave you out to dry. They will deal with the third party claim as to ignore it will just increase the costs.

Who is your policy with and what does it specifically say about the 48 hour reporting period?

Dkokic

"If you or your car is involved in any type of claim, accident or loss regardless of fault, you must tell us about it within 48 hours.
Also you must:
-..
-..
....
Failure to comply with the above could result in the claim being refused and/or your policy being cancelled."

Not sure if the "above" refers to all the must mentioned above (including the 48hrs) or the must which are in the bulletpoints only.

OnanTheBarbarian

They can potentially refuse your own claim for your vehicle, but they can't dodge their legal obligations to the third party.

Have you not heard from the other party since the incident?