Car Accident Liability/My Rights?

Aretnap

jlg1 wrote: »

Planning on getting them to sign something to say they wont take things further if I dont go through insurance but dont know if that stands up legally or not at this stage - trying to find out.

A scrap of paper signed without legal advice may not be a lot of help to you if they decide to make an injury claim - especially if they claim that the injury wasn't apparent at the time they agreed to the settlement (it's impossible to sign away your right to claim for an injury you don't yet know about).

Basically you have two, and only two, sensible choices

(1) Come to an agreement with them that you are BOTH happy with, and trust them to stick to it, or

(2) Hand it over to your insurers to deal with - you pay them good money precisely to deal with things for you, after all.

If you can't do (1) (and it sounds like you can't) then you're left with (2).

jlg1

[quote=[Deleted User];72106290]As others have said, you're obliged to tell your insurer whether you involve them or not. (And your wife also needs to tell her's.) Settling witout involving insurers often ends in tears: the fact that you already don't trust the other party should be a warning.

Apart from anything else, they have three years in which to make a personal injury claim. It needn't be a lie: whiplash injuries may not become apparent for some time.[/QUOTE]


Yes I can see what you're saying - we've just got my wife's insurance from today far cheaper than last years - as its up for renewal - that'll set us right back again. Its never ending sometimes.

But I can see what you mean.

jlg1

Aylesbury_Duck wrote: »

It is fluff because it's not something you can do anything about. It may be relevant to your insurers and they may wish to look into it, but at this point it's information which is of no use to you and your private settlement.

No one is judging, we're just advising you on what we think is the best course of action. I have absolutely no professional connection to the insurance industry but as a policyholder, I've read my documentation and understand what I'm obliged to do in the event of an accident, my fault or not. I also understand the risks and possible consequences of not informing my insurer. I think you are taking a great risk trying to sort this privately. It could cost you hundreds of pounds AND increased premiums or refused insurance if it all goes wrong.

Hi..Yes its the risk Im trying to weigh up right now - I just dont know what to do to be honest..its a bit of a mess.

I do know that the repairer automatically thought it was through insurance and I think thats why he bumped up first the estimate (was a bit surprised when I told him who I was and that I was planning on paying for it) until I pulled him on it and he said because I'm (well thinking of) paying privately he'll do it as cheap as possible but still do a good job. I'm waiting on the new estimate towards the end of next week I think.

jlg1

Aretnap wrote: »

A scrap of paper signed without legal advice may not be a lot of help to you if they decide to make an injury claim - especially if they claim that the injury wasn't apparent at the time they agreed to the settlement (it's impossible to sign away your right to claim for an injury you don't yet know about).

Basically you have two, and only two, sensible choices

(1) Come to an agreement with them that you are BOTH happy with, and trust them to stick to it, or

(2) Hand it over to your insurers to deal with - you pay them good money precisely to deal with things for you, after all.

If you can't do (1) (and it sounds like you can't) then you're left with (2).

Hi..

It seems at this point and from what Ive been told that he (the father) and the daughter (father is doing all the running around for her) has said she (the driver) wont take things further as "all she wants is the car fixed and on the road"..(she had a passenger with her at the time) shes "too honest to pretend she's hurt/injured if she wasnt"...a lot of "swearing on this and that" I dont really know this guy but we lived behind them when I was young and just lets say didnt have a good reputation in our eyes - but I don't know him well enough to judge with something like this.

He told me he was screwed over twice in the past (once just recently) and wouldnt do this on anyone but I mean how do you really know with some people..?

Car_54

jlg1 wrote: »

Hi..Yes its the risk Im trying to weigh up right now - I just dont know what to do to be honest..its a bit of a mess.

If you want to be honest, you have to tell your insurers!

angrycrow

jlg1 wrote: »

Yes I can see what you're saying - we've just got my wife's insurance from today far cheaper than last years - as its up for renewal - that'll set us right back again. Its never ending sometimes.

But I can see what you mean.

If you are covered as a named driver on the policy you have just renewed for your wife you must report the accident under discussion to them immediately so they can factor it into the price.

If you have not told them there is a very high risk that if the current claim ends up going through your insurance your wife's insurers will find out from the central insurance database. They will most likely then cancel your wife's policy for miss representation. Your wife will then be in the position of having to disclose on every future quote that she has had insurance declined resulting in either refusal to quote or very high premiums.

Honesty is always the Best policy as you have already said this situation is a mess but trying to hide it from your own and your wife's (if you are named on her policy) insurers is likely to move it from a mess to a very serious problem.

Contact your own insurers and report it for info only and state you are trying to resolve it privately. Then if you are named on your wife's policy you just renewed get her to call them and state she forgot to mention your recent accident so can they adjust the premium to reflect your pending accident. If you do this most insurers will give you the benefit of the doubt about not disclosing it and it may not even result in an increased premium. Worst case is they say they can not quote on those terms and invite your wife to back out of the policy voluntarily under the 14 day cooling off period which does not count as having a police cancelled or declined by the insurer.

Following one of your earlier questions this advise is not based on pub hearsay it is based on decades of working in the industry and seeing many people dig themselves into very deep financial holes to avoid a few pounds on their insurance costs.

Sorry if it sounds like a lecture it is not meant to be, I hate to see people get themselves in a mess.

jlg1

Just to update my original post.

I had a long think about it and eventually decided to tell my insurance company yesterday. So everything is above board now - couldnt let it sit any longer.

Theyve given me the option to repair the damage myself or put it through resulting in 9 yrs NCB going down to 3 Years - so I agreed I would pay the damages myself.

They stated they have to offer the other party their services which they may/may not choose to accept. I phoned the other guy - he says he's happy for myself to pay for the damage and will tell my insurers the same. Lets hope he does. He again stated he wont take things any further as regards injury claims etc.. well lets hope he doesnt.

I'm still wondering whether I should have accepted liability but given the road layout etc.. it probably would be deemed I'm at fault. Insurance were quick to go on google maps while I was on with them so they've probably made their minds up anyway.

At least now Ive nothing to hide. Wifes insurance only went up £10 over the year which was a relief.

Mines not up til December so hopefully wont go up too much.

Went on Askmid.com by the way and found out the other girls insurance details - so I'll know to use that in the future - hopefully I'll never have to need it though.

So waiting on mechanic coming back.

Couldn't face losing 6 years NCB to be honest.

In a way its a relief that the insurance now know and I can move on, once the car is repaired - still a kick in the teeth though.

jlg1

angrycrow wrote: »

If you are covered as a named driver on the policy you have just renewed for your wife you must report the accident under discussion to them immediately so they can factor it into the price.

If you have not told them there is a very high risk that if the current claim ends up going through your insurance your wife's insurers will find out from the central insurance database. They will most likely then cancel your wife's policy for miss representation. Your wife will then be in the position of having to disclose on every future quote that she has had insurance declined resulting in either refusal to quote or very high premiums.

Honesty is always the Best policy as you have already said this situation is a mess but trying to hide it from your own and your wife's (if you are named on her policy) insurers is likely to move it from a mess to a very serious problem.

Contact your own insurers and report it for info only and state you are trying to resolve it privately. Then if you are named on your wife's policy you just renewed get her to call them and state she forgot to mention your recent accident so can they adjust the premium to reflect your pending accident. If you do this most insurers will give you the benefit of the doubt about not disclosing it and it may not even result in an increased premium. Worst case is they say they can not quote on those terms and invite your wife to back out of the policy voluntarily under the 14 day cooling off period which does not count as having a police cancelled or declined by the insurer.

Following one of your earlier questions this advise is not based on pub hearsay it is based on decades of working in the industry and seeing many people dig themselves into very deep financial holes to avoid a few pounds on their insurance costs.

Sorry if it sounds like a lecture it is not meant to be, I hate to see people get themselves in a mess.

No, no worries - Ive just read your post after I posted LOL - but it seems Ive done some (if not all the things) you advised. My insurers were understanding though they did ask why I had not disclosed things earlier (within 7 days) and I told them the truth that I hadnt heard anything back which is true only heard the first thing about it end of January (and didnt tell them though Ive spent the last 2 weeks wondering what the right thing to do was) I'll know for next time. It was driving me nuts to be honest.

I'm not a dishonest person and believe what goes around eventually comes around.

I'm thinking though should the other party not tell their insurance even though they were (well it seems not at fault - so in a way it could come back and bite them in the long run as my insurers now know...? Not my problem of course - but I'm sure it works both ways.

Given what the other girls father was saying, I cant see that happening.

Anyway thanks for the advice. As Ive said its a relief the truth is out now -