The other driver admitted fault at scene but decided to claim after one month

Moneywaster123

Hi guys, I need some help here

I had an accident about 1 month ago, the car in front of me decided to slam her brake down while passing through a busy junction when green light was on. I also slammed my brake down but still rear ended her car.

The driver walked out of her car and apologise for stopping. There’s a little dent on her car but not even a scratch on my car. She said the dent was so small, she is not even going to inform her insurance. So we didn’t even exchange our details, only took a photo of each other’s car.

A month later, I got a call from my insurance and told me that driver decided to claim through my insurance. The lady on the phone (my insurance company Esure) was so rude and arrogant , first phone call ‘do you not know you need to report to us’ , The whole conversation made me felt like a guilty murderer.

She didn’t even ask where it happened, description of the other driver, and she kept saying it was my fault and she will accept the liability on my behalf even I don’t admit the fault. I don’t know if this is common in the car insurance industry but i don’t feel like I’m their customer. Her attitude was more like she was acting on behalf of the other driver. I even said I refuse to admit the fault and wanted to go to court, she said I can’t go to court and she will accept the fault on my behalf.

I know rear end somebody is 99% my fault but the other driver admitted her fault and she said she wouldn’t even go through insurance. I know she can change her mind anytime she wants, but report an accident after a month? How would I know if she crash her car into a tree within this month and claim against me?

I sent her another email to provide more details because my insurance never asked for any details, not even a photo of the little dent on her car and I asked if they need to investigate a bit more because the other driver admitted fault at scene but decided to claim after a month, I was suspecting this is more like insurance fraud, but I never got any response from Esure.

The whole experience made me feel like she just want to get the job done and payout no matter what the other claim for.

Do I have any rights to know how much they claim against this little dent? And can I refuse to admit the liability (or even go to court?)

I have got 9+ years no claim bonus, does it mean it will reduce to 3 years no claim bonus? :money::mad:

Boggles190

Hi,
Whenever you buy any insurance you agree to a clause that the insurer can make a decision on liability on your behalf. So even if you are adamant you're not liable and want to go to court the insurer has the right to decide otherwise.

They will avoid going to court unless the costs are huge or they are 100% certain they will win. On a typical £2000 whiplash claim, the claim cost will easily double by going to court.

As you have said, you're newrly always liable if you rear end someone. A verbal admission of liability by Third Party at the scene doesn't really mean a lot, quite often happens that they will change their mind afterwards and claim.

Moneywaster123

Thanks so much for the reply.

I guess I can only accept my insurer‘s decision

Would they really check how much the other driver claim for against the photo I provided? I know my insurance premium is definitely going up next year, but I think it has something to do how much the damage they claim against the small dent I guess?

Quentin

After a fault claim your NCD is usually reduced by 2 years from s max of 5, and no NCD is awarded for the current year

So you are looking at 3 years NCD at renewal but check your policy wording to see exactly what your insurer does re NCD

When you get back to 4 or 5 years NCD consider protecting it

FLM14

The other car will probably get repaired by your insurers appointed repairer. Unless obvious exaggeration or frusd they will just repair it. Bear in mind a scratch/dent repair from these garages is not going to be cheap compared to some guy who could buff it out for £100.

Claims costs do bump up premiums but its minimal tbh.

However what will make the premium go up is a personal injury claim. So let's hope the other driver does not claim injury. If they do that's when you get back on the phone to esure and explain to them minimal damage speed at time of collision etc.

Good luck & don't worry to much about it. Your premiums going up at renewal but costs would be a massive factor.

FLM14

Sorry costs WILL NOT* be a massive factor

[Deleted User]

Just because it only looks like a minor dent doesn't mean that it didn't damage other stuff internally.

lisyloo

If they do that's when you get back on the phone to esure and explain to them minimal damage speed at time of collision etc.

Whiplash can happen at very low speeds.


Also there is something called the eggshell skull principle.
That means if the other driver already had arthritis or some other degenerative condition, the OP is liabile for whatever damage they did regardless of the condition of the person before the accident.
I know someone who had compensation for lack of a promotion due to whiplash.


Personally I'd expect a whiplash claim to be paid regardless of the speed because of 2 facts.
The OP is liable.
There is no way to dispute the reported symptoms the other driver claims so medical professionals have to rely on whatever the other driver says they are suffering.

Boggles190

Would they really check how much the other driver claim for against the photo I provided? I know my insurance premium is definitely going up next year, but I think it has something to do how much the damage they claim against the small dent I guess?

They probably will, but if it is an injury/whiplash claim (I suspect it will be) then the photo won't really change anything.

Your premium will likely go up due to the clain but it's unlikely the premium increase will be affected by the amount of the claim.

Moneywaster123

I thought I was lucky to meet someone honest and she was the nicest person in the world when she said she doesn’t want to claim.
Now I can’t stop thinking slamming on my brakes at every green light and be the evil person.

The whole insurance thing is just so unfair......
And my insurer is too keen on paying out which makes me mad

csgohan4

Might want to get a Dash cam as well, might be helpful in future, may even make those at fault crashes to 50/50 or even not at fault