Non fault accident - help?
- Thread starter ShineyT
- Start date
Crazy Harry said:
Found the thread: https://z4-forum.com/forum/viewtopic.php?f=2&t=104358&start=45
https://www.mib.org.uk/check-insurance-details/check-a-vehicle-not-at-the-roadside-after-an-accident/
Costs £4, and you get their policy number and insurance company contact details. This will, however, flag your car as having been involved in an accident and therefore need to be disclosed on future insurance renewals (but I'm sure you're expecting that anyway).
Costs £4, and you get their policy number and insurance company contact details. This will, however, flag your car as having been involved in an accident and therefore need to be disclosed on future insurance renewals (but I'm sure you're expecting that anyway).
Usel
Senior member
mjennings23 said:
Do this and then contact their insurance company direct. Just notify your insurance company that your car was hit but dont progress any further with them.
Make your claim only through their insurance, you can get the car repaired anywhere you want, I'd go through bmw, you dont have to use anyone they suggest but you may have to get more than one quote for the repairs.
If your not happy then tell them your going to claim through an accident management company.
as you were not on the public highway but on privately owned land this is a civil matter, hence why the police are not interested.ShineyT said:
Regarding your insurance company "They will only entertain repairing the car at a Vauxhall dealer as that is their approved." They have no right in law to dictate to you where you have your car repaired or what parts are used. You have every right to choose where to have your car repaired, however the insurance company then have the right to refuse to guarantee the repairs, as you have not used an approved repairer. Therefore if 13 months down the line and the bodywork starts corroding you will be on your own, where as the insurer would ensure that or anything else would be put right usually within a 3yr time span.
I personally never use the approved repairer as they have to do the job at a low cost to keep their contract with the insurance company, which ensures regular work. The last time I claimed I was told that I had to take my car to Birmingham, over an hours drive, with them insisting I take it there. I told them I knew my rights and it was going to a local bodyshop, they then gave me the scare story of no guarantee. I am fortunate that I use Enterprise in Telford who have a superb reputation with show car standard paintwork, If you know of a high quality bodyshop use them, they will only use oem parts.
If your insurer is the insurer for both cars I would have thought the threat of an accident management company will make them capitulate and seek redress from the guilty party, or they would have to pay the fees of the AMC. If not use the AMC.
I
Usel said:
I agree with most of this, but DON'T tell your insurer if you go down this route - they'll post an outstanding claim on your policy which has the potential to be a major PITA!
Ideally you want it all settled as a non-fault claim before you get your renewal because you have no duty of disclosure until renewal on an annual insurance contract.
Your insurer will never pay the AMC fees which is why the AMC will never claim from your insurer, only from the insurer of the guilty party (or tort-feasor in legalese)!
Someone ran into the back of my wifes car 2yrs ago so was recorded as a non-fault claim. Note, this was a claim on the other drivers policy NOT hers.
Pretty dismayed then to find her premium went up by a £120 the following year because of it. Pretty outrageous really.
It was recorded on the insurance db so no way you could get away with no declaring it. You have to notify of ALL accidents.
Pretty dismayed then to find her premium went up by a £120 the following year because of it. Pretty outrageous really.
It was recorded on the insurance db so no way you could get away with no declaring it. You have to notify of ALL accidents.
Get an accident management company involved. They'll pay dvla £20 for his address and then get them to court him for the full value of the repair a d they can pursue costs from the offender.
Under simple tort of negligence a magistrate would simply run a "reasonable person test" and simply put award you the full costs. but be QUICK if you get to his place ASAFUCKINGP before damage is masked his end. If you find his car and see it's damaged, take photos and win win.
Under simple tort of negligence a magistrate would simply run a "reasonable person test" and simply put award you the full costs. but be QUICK if you get to his place ASAFUCKINGP before damage is masked his end. If you find his car and see it's damaged, take photos and win win.
raymond.harper
Senior member
I have used accident management companies twice in the past 15 years. In both cases I did not have to do a thing. You have a witness to the damage which makes all the difference in these claims.
As the vehicle was parked on a shared drive and not on a road I'm not convinced this is covered by the Traffic Act and may therefore be a civil claim for the damage caused.
Dav the wheel nut said:
I did wonder this but technically while my car was on a shared drive, the third party were actually on/leaving a road. The space is literally next to a small road coming in to a cul-de-sac.
Small update I do now know who they are insured with so am going to be contacting them this morning. Will also be visiting BMW later to get a full repair quote from them. Just need to find another garage to get a quote from. Wonder if Merc or Audi would quote as expecting that to be similar priced!
Mr Tidy said:Usel said:
I agree with most of this, but DON'T tell your insurer if you go down this route - they'll post an outstanding claim on your policy which has the potential to be a major PITA!
Ideally you want it all settled as a non-fault claim before you get your renewal because you have no duty of disclosure until renewal on an annual insurance contract.
Your insurer will never pay the AMC fees which is why the AMC will never claim from your insurer, only from the insurer of the guilty party (or tort-feasor in legalese)!
Insurance companies log accidents on the MIB database, therefore if you use the MIB database to find the details of the other party (bearing in mind you can only legally use it if you've been in an accident, and they require you to provide your own vehicle information too) then choosing to 'not declare' it in future is going to end badly, as any future insurer could find out with minimal effort about this incident.
ShineyT said:
Perhaps speak to BMW and find out their approved body shops in the area, then just get quotes from them. That way it's still going to be the same standard.
Dav the wheel nut said:
Dubious. If land has open access from the public highway then the road traffic act can generally be applied to it. Add this to the third party being on the public highway at the time of the incident then by all accounts it is absolutely something insurance companies will be forced to cover. I have no doubt that the OP contacting the third parties insurance with the evidence will result in a very quick resolution, they're only too aware that an accident management company getting involved causes prices to rapidly spiral upwards for themselves.
Some absolutely terrible advice in this thread 
You must declare all accidents to your insurance company, aswell as at renewal time.
You can claim off your own insurance and they will then go after the third parties insurance company to recover the costs. This is what we recently had to do after the third party denied liability.
Yes, it's stressful, but if you know 100% an accident isn't your fault and you have witnesses/police reports/cctv etc then it's not a problem.
Whether you claim on your insurance and they recover the costs or you contact the third parties insurance company instead, you will still need to declare it as a non fault accident come renewal time.
There's no getting out of it. All insurance companies use the same database, so can easily see whether you're telling porkies
Regardless who's insurance company you end up using, you are entitled to get the vehicle fixed at a repairer of your own choosing. They can only advise you use one of their 'approved repairers', which might aswell say 'cheaper for the insurance company to use' as they have contracts in place to direct work to that particular garage.
Good luck with it all.
You must declare all accidents to your insurance company, aswell as at renewal time.
You can claim off your own insurance and they will then go after the third parties insurance company to recover the costs. This is what we recently had to do after the third party denied liability.
Yes, it's stressful, but if you know 100% an accident isn't your fault and you have witnesses/police reports/cctv etc then it's not a problem.
Whether you claim on your insurance and they recover the costs or you contact the third parties insurance company instead, you will still need to declare it as a non fault accident come renewal time.
There's no getting out of it. All insurance companies use the same database, so can easily see whether you're telling porkies
Regardless who's insurance company you end up using, you are entitled to get the vehicle fixed at a repairer of your own choosing. They can only advise you use one of their 'approved repairers', which might aswell say 'cheaper for the insurance company to use' as they have contracts in place to direct work to that particular garage.
Good luck with it all.
What insurance company are you with - they sound pretty useless.
You could get a written estimate including cost of a replacement vehicle and written statements from your witnesses and then send a `Letter Before Action' inviting him to pay for the repairs or be taken to the County Court. Send a copy to his insurance company as well.
Have you given your own insurance company any witness statements? I wonder if they have some connection with the other insurer as they seem to be quite obstructive.
You could get a written estimate including cost of a replacement vehicle and written statements from your witnesses and then send a `Letter Before Action' inviting him to pay for the repairs or be taken to the County Court. Send a copy to his insurance company as well.
Have you given your own insurance company any witness statements? I wonder if they have some connection with the other insurer as they seem to be quite obstructive.
With the pressure they're under these days, the police have adopted a policy of only pursuing the cases they deem to be important. But as said in detail by Rusty, it is an offence - so I would contact the chief constable asking for the incident to be investigated, preferably while the other vehicle still shows signs of damage, or to explain in writing why his force is incapable of closing a case that requires 0 percent detective work.
No legal assistance option with your policy? Definitely consider an AMC and then small claims court for any uninsured/unrecovered losses.
Complain to your insurers having read the policy document first. You can get the repairs done where you like. Then when they reject your complaint refer it to the Financial Ombudsman Service. Of course this doesn't help get your car fixed quickly, so hopefully it's not a daily driver you need.
Then get a decent insurance company asap (yes, there is a difference and never ever buy on price alone) Who are you insured with?
Good luck
No legal assistance option with your policy? Definitely consider an AMC and then small claims court for any uninsured/unrecovered losses.
Complain to your insurers having read the policy document first. You can get the repairs done where you like. Then when they reject your complaint refer it to the Financial Ombudsman Service. Of course this doesn't help get your car fixed quickly, so hopefully it's not a daily driver you need.
Then get a decent insurance company asap (yes, there is a difference and never ever buy on price alone) Who are you insured with?
Good luck
A word of warning on this point (generally speaking that is - and highly unlikely in this case):Usel said:
If you notify your insurer of a 'claim' and that you don't wish to pursue it with them (what can be termed "For notification purposes only") then later wish to change your mind because things have not gone as you expected, your insurer may refuse to deal with the claim.
In the days of paper claim forms, this warning would have been printed on the form. But these days, with everything done by phone...?
mjennings23 said:
Just to clarify I'm not suggesting that the OP doesn't disclose the accident to his own insurers, but motor insurance being an annual contract there is no duty to disclose until renewal (I did spend over 30 years working in the general insurance claims industry, so have some experience in this area) and hopefully if the OP claims against the other party it will be a settled non-fault claim by the time he has to disclose it.
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