non-fault accident

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I'm a little confused. We were at a friends last night, car wasn't technically on the road it was on a grass island that everyone parks on due to lack of spaces. While at the friends an old woman reveresed at full speed into our car. Pushing it at an angle and smashing up the side panels.


She knocked trying to find out who's car it was, eventually finding us.


She was confused and didn't know what to do and a guy that was in the corner house, not sure if related, said he needs our details and then she gives us her details.


Why does she need our details when it was her that was at fault?


Anyway. Called our insurance and explained and they said it will be classed as a non-fault claim and all the whole claim will come off the old ladies insurance. We're with Aviva on a joint policy with 2 cars. I don't think I'm the main policy holder, its just as it's joint I'm on it for driving that car (which is my partners) and I have my own car.


Their systems were down yesterday for an upgrade, Aviva, so they couldn't fully look to see how we proceed. I was asked who was the last to drive the car. Well that was me, but it's not my car, I'm just a named driver and it was parked so why do they need to know that.


I've also read online that we now have to say in any new insurance purchase that we were involved in a non-fault accident. Despite being nowhere near the car our premiums will probably go up. How is that even legal?


Anyway. The next question is who has to say they were in a non-fault accident? It's a 2 car policy and neither of us were near the car at the time. So when the insurance is up for renewal in a couple of months, we're not sure who has to say they were in the non-fault accident.

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  • alfie1950
    alfie1950 Posts: 166 Forumite
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    The premiums will go up because you are now considered to be a higher risk .
    Even though it was parked up it can be looked on that you don't do everything you can to avoid accidents.( For example parking in dodgy places ).
    Whoever is the main driver will be the one that loses their NCB.
    You just answer questions truthfully so if you're asked have you had an incident , claim or accident the answer will be yes and will affect the main drivers NCB.
    Your probably best claiming off the other parties insurance rather than going through your own otherwise you will probably have to pay your excess until it can be recovered off the other party.
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
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    joeypesci wrote: »
    How is that even legal?

    I presume you mean, how is that fair? As it is legal, otherwise Insurance Companies wouldn't do it. It is likely that where you parked was Public Highway as well.
  • D_M_E
    D_M_E Posts: 3,008 Forumite
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    Why did the guy in the corner house need your details?

    Was the old lady driving his car while uninsured?

    When she gave you her details, did she give you or show you insurance details in her name, or the name of the guy from up the road?

    I would be back on to the insurers first thing and make sure it's logged with full details.

    Also, try https://www.askmid.com for insurance details of the other vehicle to particularly find out who it's insured with and who is insured to drive it.
  • sheramber
    sheramber Posts: 19,136 Forumite
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    As you were the last driver you were the person who was involved in the incident.

    When this happened to us my husband was the last driver, I was the policy holder.

    He had to submit the details but I had to deal with the claim - contact with accident management company- as it was my policy.

    I also had to sign for the courtesy car.
  • joeypesci
    joeypesci Posts: 671 Forumite
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    Thanks for the replies. So I was the last to drive it so in any other "Have you been in an accident?" question I'd have to say yes it was a non-fault accident? However, would my partner have to say the same or can she say she wasn't in one, as she wasn't the last person driving the car? That's the confusing part.


    Also we still not sure why the guy got involved. The only thing we can think of is the old lady was on her own and we had a several family members all come out at once. Not to be nasty, some were leaving and saw the aftermath and then everyone just came to look but she had no one, unless he was the son. We made sure she was OK as looked like she was going to faint. She gave us two plates. The one that hit us and another plate with an insurance number. We think she may have two cars and given us, by mistake, the policy number of the other car. The car she was driving is with a different insurance company as we'd already checked the site mentioned.



    As Aviva's system were down and they just took manual notes. I assume I can tell them to just take it as a note only and that we are going to use an Accident Management Company instead, to save the no claims bonus. Is that correct? And does anyone know of any good Accident Management Companies?
  • Aretnap
    Aretnap Posts: 5,215 Forumite
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    alfie1950 wrote: »
    Whoever is the main driver will be the one that loses their NCB.
    You just answer questions truthfully so if you're asked have you had an incident , claim or accident the answer will be yes and will affect the main drivers NCB.
    Nobody's NCB will be affected if a full recovery of costs is made from the at fault party, or his insurer.

    NCB is a feature of the policy,, not the driver, so if the NCB were to be affected it would be the policyholder (who may or may not be the main driver) whose NCB would be reduced.

    The effect (or not) on your NCB is separate from the question of how you answer "have you had any accidents or claims in the last X years?"
  • sheramber
    sheramber Posts: 19,136 Forumite
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    You had the accident.

    Your partner has the the claim on her insurance.
  • joeypesci
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    So having spoken to Aviva about it in the end, they are sorting it all. They've said won't affect NCB and won't affect premiums. Also instead of going through a Accident Management Company who it appears can't be trusted, Aviva do this for you. You get a lease car via their 3rd party and that 3rd party attempts to claim the costs back from the other fault party. If they can't then they'll never chase you for the cash.


    Really odd part about it all, although sorted now is the details. The old lady gave us what we believe is her numberplate for her own car and her own insurance details. Neither of which were what she was driving. She was in shocked so said "My son is dealing with it now". He gave us his mobile number (even though he wasn't the one driving) and just his name and no address. I gave said details to Aviva for the actual car that hit us, his. That is who they'll claim on. Yet my partner had a call from the old ladies insurance saying she's admitted full responsibilty and to call them direct, no need to go through our insurance.


    Very odd. They called twice. I told my partner to ignore their calls and we'll just inform Aviva on that oddness so it's on record.


    Anyway. Car now in being repaired.
  • MEM62
    MEM62 Posts: 4,754 Forumite
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    joeypesci wrote: »
    I'm a little confused.

    Aren't we all? For me it's an age thing.
    joeypesci wrote: »
    Why does she need our details when it was her that was at fault?

    How else are her insurers going to contact you to arrange repairs?
    joeypesci wrote: »
    I was asked who was the last to drive the car. Well that was me, but it's not my car, I'm just a named driver and it was parked so why do they need to know that.

    To ensure that the car was being use in accordance with the terms and conditions of the policy. Also, so that they know who to refer any questions arising as part of the claim to.
    joeypesci wrote: »
    I've also read online that we now have to say in any new insurance purchase that we were involved in a non-fault accident.

    That is correct. It is declarable.
    joeypesci wrote: »
    Despite being nowhere near the car our premiums will probably go up. How is that even legal?

    Why would it not be legal? I do not understand where you are getting that assumption from. You premium may change as a result of underwriting, which is a form of risk assessment. Statistics will say that, if you are involved in a claim you are more likely to be involved in a future claim. Therefore, you are a greater risk and you premium will reflect that - ie: be higher.
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