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    Moral question...Should I make an insurance claim or not?

    Today I was involved in a minor accident. I was coming down a road which had no vehicles on my side and a car coming the other way (Which has cars parked) stopped behind a stationary car momentarily and then sped up to try and over take it as I was passing. The wing mirror on my Jag scraped the side of his Honda 4x4 (My wing mirror has a few scratches, his was left with a 12" scrape on his rear door). We stopped and I tried to explain that I had an unobstructed path and the right of way and he should have stopped but he was having none of it. He took my number plate and drove off (Not before I took his and got the number of witnesses).

    Question is, should I now make a claim on his insurance for my tiny scuffs on my mirror or just leave it to see if he tries to make a claim then counter claim?

    P.S. I have left details for my insurance company just in case but haven't made a claim but I have been told I can elevate it if need be.

    So what do you think?

    46 Comments

    I'd claim, bloody obnoxious driver if you ask me.

    I wouldnt make a claim personally mate, a bit of bad luck, as simple as getting somebody on the case who is having a bad day, and it could prove a costly mistake

    Banned

    If you make a claim, even if you are not at fault you will have to declare it and it will affect your premiums.

    Original Poster

    choc1969;8389791

    I'd claim, bloody obnoxious driver if you ask me.



    Very, very rude too! The thing was he genuinely didn't understand why HE needed to stop?!! I'm not sure he had a license!!

    jonesytheblade;8389792

    I wouldnt make a claim personally mate, a bit of bad luck, as simple as … I wouldnt make a claim personally mate, a bit of bad luck, as simple as getting somebody on the case who is having a bad day, and it could prove a costly mistake



    Well, I don't know who was having the baddest day...After all my Jaguar is scratched because of his stupid mistake...Then tries to blame me!

    Original Poster

    tinkerbell28;8389812

    If you make a claim, even if you are not at fault you will have to … If you make a claim, even if you are not at fault you will have to declare it and it will affect your premiums.



    Really? Never thought about that! Lets hope he doesn't claim then! Haven't had a single accident in 12 yrs (Probably more...).

    ei8hty5ive;8389815

    Very, very rude too! The thing was he genuinely didn't understand why HE … Very, very rude too! The thing was he genuinely didn't understand why HE needed to stop?!! I'm not sure he had a license!!Well, I don't know who was having the baddest day...After all my Jaguar is scratched because of his stupid mistake...Then tries to blame me!



    Probably didn't but took your details to make you think they had. Phone your insurers and let them make a note of it........

    Banned

    ei8hty5ive;8389826

    Really? Never thought about that! Lets hope he doesn't claim then! … Really? Never thought about that! Lets hope he doesn't claim then! Haven't had a single accident in 12 yrs (Probably more...).



    If a claim goes through on the insurance you have to delcare it even if non-fault, and it does affect your premiums, it sucks.

    Original Poster

    choc1969;8389833

    Probably didn't but took your details to make you think they had. Phone … Probably didn't but took your details to make you think they had. Phone your insurers and let them make a note of it........



    Yeah thanks. Done! But my wife was all "Claim for your mirror! What will the neighbours say!?" lol

    Report them for dangerous driving.

    Yesterday I took out car insurance with Liverpool Victoria and one of the questions was 'Have you claimed in the last 5 years, whether or not it was your fault', so if it was just scratches I would consider just living with them as it will affect your premiums even if you weren't to blame. Rubbish I know.

    The incident must be reported to the police as it was a car acident and you should contact ur insurence company these things bit u on the ass when u least expect it

    4 yrs ago i was driving along at 20ph when a rock the size of 2 phists came crashing through the windscreen it had been thrown up by a tracktor cutting grass at side of road

    Guy in tractor was realy shaken up "I could have killed u" he rang his boss and i agreed to get the repair done and send him the bill, he offered £500 compensation too

    I did what he sed and a few days l8ter sent the bill after 5 weeks I rang and asked if he had got the bill he siad yes, then added "do u report it to the police?" I sed no he sed "good" now get stuffed lol u r getting nowt act of God and u commited an offence by not reporting it.

    So it cost me £50

    the insurance company now have note of it so it will need to be declared when you renew so you might as well claim and prove he was wrong.

    Banned

    wonder-baby;8389910

    the insurance company now have note of it so it will need to be declared … the insurance company now have note of it so it will need to be declared when you renew so you might as well claim and prove he was wrong.



    No he won't as it's not a CLAIM.

    the insurance can put his details in and know right away if hes insured (my o/h was reversed into 3 weeks ago-i didnt realise it was an instant check)
    you need to report it as said above in case he decides to persue it x

    I believe the accident only needs reporting to the police if there is an injury or damage to public property.

    tinkerbell28;8389925

    No he won't as it's not a CLAIM.



    a lot of insurers ask if you've had an accident, whether you CLAIM or not
    ( why the capitals, aggressive much?).

    Banned

    wonder-baby;8389957

    a lot of insurers ask if you've had an accident, whether you CLAIM or not … a lot of insurers ask if you've had an accident, whether you CLAIM or not ( why the capitals, aggressive much?).



    No to clarify the issue, I think you will find the wording on most policies is have you had a CLAIM not an accident as the poster above has quoted.

    tinkerbell28;8390173

    No to clarify the issue, I think you will find the wording on most … No to clarify the issue, I think you will find the wording on most policies is have you had a CLAIM not an accident as the poster above has quoted.



    Liverpool Victoria car insurance asked about any claims, not accidents.

    Original Poster

    Thanks for all your help! I think I'm gonna let it lie...It has been bugging all day though!!

    ei8hty5ive.. i think you should go all out..
    claim personal injuiry and say the impact gave you whiplash. that'll teach him a lesson!

    The guy might not even be insured, in that case the repairs will be out of your pocket/insurance!

    not really.. thats what the MIB is there for. it would do through the Motor Insurance Bureau.

    Banned

    sickly sweet;8390211

    Liverpool Victoria car insurance asked about any claims, not accidents.



    Exactly:thumbsup: That's the same as most policies, I know you said it earlier, was trying to correct the poster who was saying just to go in guns a blazing as now his insurance had noted it it's declarable which in most cases it's not unlees a claim:)

    Original Poster

    red_one;8390528

    ei8hty5ive.. i think you should go all out..claim personal injuiry and … ei8hty5ive.. i think you should go all out..claim personal injuiry and say the impact gave you whiplash. that'll teach him a lesson!



    Initially I thought this...

    peodude;8390544

    The guy might not even be insured, in that case the repairs will be out … The guy might not even be insured, in that case the repairs will be out of your pocket/insurance!



    ...Then I thought this...

    ...Then I did a bit of meditaion and return to my normal nice guy self and decided I will leave it...(Unless he claims then I will counter claim...It's a cert on my side as I have witnesses and photos...)

    Thanks guys (and girls!) again!

    Strictly speaking this should be reported to the police (as soon as practicable and within 24 hours).
    When an accident occurs and damage is caused, the drivers must stop and exchange the following details:-
    Name and address of driver/registered keeper/registration numbers.
    If this is not done, an offence of' Failing to stop at the scene of an accident' is committed.
    The other person, if he has not reported it, will also commit the offence of 'Failing To Report' as will you if you don't report it and he does.
    If you don't have a photograph of the scene and you don't have any witnesses then it is your word against his that you had right of way. Under these circumstances, the insurance companies will settle on a 'knock for knock' basis and youtr ncb will be affected.. Good luck.

    Ignore people stating you need to report it to the police, you don't.

    The problem with your accident is that it would probably end up a 50/50 case, the other drive could say that they were at a stop and you got too close. Unless you have an excellent witness, you will struggle. Highway code states that:

    •give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road

    However, I am not sure whether it is in the RTA.

    Original Poster

    Stillahibby;8391353

    Strictly speaking this should be reported to the police (as soon as … Strictly speaking this should be reported to the police (as soon as practicable and within 24 hours).When an accident occurs and damage is caused, the drivers must stop and exchange the following details:-Name and address of driver/registered keeper/registration numbers.If this is not done, an offence of' Failing to stop at the scene of an accident' is committed.The other person, if he has not reported it, will also commit the offence of 'Failing To Report' as will you if you don't report it and he does.If you don't have a photograph of the scene and you don't have any witnesses then it is your word against his that you had right of way. Under these circumstances, the insurance companies will settle on a 'knock for knock' basis and youtr ncb will be affected.. Good luck.



    I think you are getting confused. This is a scrape of a mirror. Where you need to contact the police is if you or the other person is injured or thought to be injured in a accident (I know this because the police officer told me when I wrote off my first car when I was young and naive!!). No-one was hurt, no need to report.

    Original Poster

    pghstochaj;8391486

    Ignore people stating you need to report it to the police, you don't.The … Ignore people stating you need to report it to the police, you don't.The problem with your accident is that it would probably end up a 50/50 case, the other drive could say that they were at a stop and you got too close. Unless you have an excellent witness, you will struggle. Highway code states that:•give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the roadHowever, I am not sure whether it is in the RTA.



    Exactly. I had no cars on my side, he did. He needed to give way to oncoming traffic (Me). Simples.

    I might have misunderstood what you have said. But regardless of who has right of way, if yours was the moving vehicle whilst his was stationary, I think your position insurance wise could be risky.
    Would need to check legalities, but I dont think you are in the clear automatically.

    Banned

    miles136;8389887

    The incident must be reported to the police as it was a car acident and … The incident must be reported to the police as it was a car acident and you should contact ur insurence company these things bit u on the ass when u least expect it4 yrs ago i was driving along at 20ph when a rock the size of 2 phists came crashing through the windscreen it had been thrown up by a tracktor cutting grass at side of roadGuy in tractor was realy shaken up "I could have killed u" he rang his boss and i agreed to get the repair done and send him the bill, he offered £500 compensation tooI did what he sed and a few days l8ter sent the bill after 5 weeks I rang and asked if he had got the bill he siad yes, then added "do u report it to the police?" I sed no he sed "good" now get stuffed lol u r getting nowt act of God and u commited an offence by not reporting it.So it cost me £50


    Complete nonsense. Only give advice if you know what you are talking about. You should have just claimed from their insurance, albeit late. Police wouldnt be interested unless you were injured.

    Basically, you got scammed.

    Supermod

    Yes, he should have stopped. They do say though that you should never assume you have a right of way over another driver in these circumstances in order to eliminate these accidents.

    Original Poster

    WoolyM;8391746

    I might have misunderstood what you have said. But regardless of who has … I might have misunderstood what you have said. But regardless of who has right of way, if yours was the moving vehicle whilst his was stationary, I think your position insurance wise could be risky. Would need to check legalities, but I dont think you are in the clear automatically.



    Yes, I guess you have misunderstood...We were BOTH moving but he had cars on his side.

    How did your wing mirror damage his car withour his wing mirror damaging yours?

    I think you are getting confused. This is a scrape of a mirror. Where you need to contact the police is if you or the other person is injured or thought to be injured in a accident (I know this because the police officer told me when I wrote off my first car when I was young and naive!!). No-one was hurt, no need to report.. WRONG.

    I think that after 30 years as a police officer I know very well what I am talking about!
    Section 170 of the RTA 1988 states that a reportable accident is when: Owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs by which personal injury is caused to a person other than the driver of that vehicle or, damage is caused to a vehicle other than that mechanically propelled vehicle. ..... The driver of the MPV must stop etc etc. If the driver of the MPV for any reason does not stop and provide details, they must report the accident.
    Here is another fact. If another person is injured, then provided you produce to them your certificate of insurance at the time, then it does not have to be reported to the police.
    My previous post is very accurate.

    Stillahibby;8393293

    I think that after 30 years as a police officer I know very well what I … I think that after 30 years as a police officer I know very well what I am talking about!Section 170 of the RTA 1988 states that a reportable accident is when: Owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs by which personal injury is caused to a person other than the driver of that vehicle or, damage is caused to a vehicle other than that mechanically propelled vehicle. ..... The driver of the MPV must stop etc etc. [COLOR="Red"][SIZE="5"]If the driver of the MPV for any reason does not stop and provide details, they must report the accident.[/SIZE][/COLOR]Here is another fact. If another person is injured, then provided you produce to them your certificate of insurance at the time, then it does not have to be reported to the police.My previous post is very accurate.



    Details WERE exchanged. NOT A REPORTABLE ACCIDENT!

    Banned

    ei8hty5ive;8392247

    Yes, I guess you have misunderstood...We were BOTH moving but he had cars … Yes, I guess you have misunderstood...We were BOTH moving but he had cars on his side.



    "Prove it"

    That's the problem (unfortunately) with these kind of accidents. Considering his attitude at the scene, you can can be sure he'll tell his "version" of events to his insurers. You'll oviously tell your insurers your version.

    Both insurers then have 2 slightly different versions of events. Without an independent witness to support either side, they will suggest it is settled on a 50/50 basis. This means that each insurers agrees to pay 50% of the other side's losses/outlay.

    The reason they do this is because IF the matter were to proceed to court, this is the outcome that would be handed down by the judge.

    It's annoying and it's unfair but unfortunately it's the way it works.

    Banned

    pinkleponkle;8392426

    How did your wing mirror damage his car withour his wing mirror damaging … How did your wing mirror damage his car withour his wing mirror damaging yours?



    Height difference. If it's a tall 4x4 the wing mirror would be way above that on a Jaguar

    Peodude. Suggest you read the OP's post. It says "He took my number plate and drove off (Not before I took his and got the number of witnesses).
    That is not exchanging names and addresses of the drivers, names and address of the keepers and identification marks of the vehicle which is what the Road Traffic Act requires..

    snowflake;8393533

    Oh i hate people like that, I was in a funeral cortege once 3 cars behind … Oh i hate people like that, I was in a funeral cortege once 3 cars behind the car with the coffin in, the driver gave way to the other cars then decided to go, my car i know to the centimetre and didn't want to leave the cortege so knowingly i went knowing my wing mirror would hit theirs, they didn't have right of way, the cortege did, my mirror snapped hers clean off, mine just bounced in, lesson learnt imo Claim, for sure, another lesson learnt for ignorant drivers.



    Where's that policeman gone, nice charge of Driving Without Due Care and Attention there, deliberately causing an accident.

    Banned

    snowflake;8393533

    Oh i hate people like that, I was in a funeral cortege once 3 cars behind … Oh i hate people like that, I was in a funeral cortege once 3 cars behind the car with the coffin in, the driver gave way to the other cars then decided to go, my car i know to the centimetre and didn't want to leave the cortege so knowingly i went knowing my wing mirror would hit theirs, they didn't have right of way, the cortege did, my mirror snapped hers clean off, mine just bounced in, lesson learnt imo Claim, for sure, another lesson learnt for ignorant drivers.



    :w00t: Wow the irony there is off the scale, circumstances or not, you just went knowingly and cause an accident. :roll: Dangerous driver alert.
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