Insurance informed of accident without a claim

Chloedancer

A couple of months ago I was in an accident. A van in front of me jammed on on an empty road just after taking off from a green light and I ran into the back of him. We pulled into the side. When I got out he told me he had to ring his boss and got on the phone. About two minutes later the boss arrived and they started talking. I didn't know what they were saying because it was another language but they were taking pictures of both cars. I couldn't see any damage to the van, but the towbar had damaged my front bumper. He said he'd have to get it looked at in a garage to see if there was any damage underneath and the equipment in the back would have to be checked. I gave him my number and insurance details and the two of them drove off without giving me their name, number or any of their insurance details or reporting it to the Gardai. I never even got the reg of the van.

Two weeks later the boss rang me saying he had contacted my insurance company and informed them of the accident and could I ring them to get them to pay him. I told him I wanted to pay for the damages without claiming on my insurance if I could and asked how much would it cost. He said he hadn't had the van checked yet but would bring it to the garage next week. That was the last I heard from him. Today I have a voicemail from the insurance company saying that 2 months ago they had been informed of the accident by a third party and to ring them.

Where do I stand here? There hasn't been a claim.

ED E

You had a crash. You didn't inform them as is most likely your contractual duty.

This may not be nice on your wallet.

Sue Pa Key Pa

The other party has lodged a claim against you. You broke your policy conditions by not notifying them of an incident which may give rise to a claim. However, if the delay has not affected their investigations they may not take any action against you. They are obliged., regardless, to compensate the 3rd party if are deemed liable, which it appears you are.

NUTLEY BOY

Some observations of general application;

1. You are obliged under your contract of motor insurance to notify matters such as this irrespective of issues of fault and who might pay. Failure to do so is a breach of a policy condition as pointed out by Sue Pa Key Pa.

2. You are obliged under the Road Traffic Act 1961 to report this to your motor insurer.

3. Private arrangements to settle matters without going through your own insurers have a frequent habit of going sour very quickly.

4. Better to leave it in the hands of insurers to settle. If the outlay is not too heavy you can ask your insurers if they will allow you to reimburse them and thus show €0.00 paid on your claims history. I don't think that insurers are actually obliged to do this. In any event the final amount might prove to be larger than you think.

5. Finally, where people do not report accidents to the insurer and then renew the policy that constitutes misrepresentation because the duty of disclosure revives at the renewal of an insurance contract. BTW, it is technically an offence (also RTA 1961 - S.64) to obtain a policy by "fraud" and that would probably cover misrepresentation at renewal. Such a misrepresentation can render a policy voidable and that then becomes, of itself, a new material fact to be disclosed in to the future !

mikeysmith

I'd be dubious about re-imbursing any motor insurer for a claim

I'd guess the claim history will likely travel when re-insuring elsewhere anyhow

Chloedancer

Thanks for the replies. Apparently he rang my insurance company with my details the day of the crash and informed them of the accident. I had no information to give them because he gave me none. No name number or insurance details. I was got such a shock I never even thought to get the reg number of the van.

The woman I spoke to went through the accident with me. Apparently he didn't tell them that I hit his tow bar which she said was very interesting? and also that there was very little damage to my car. He also didn't tell them that it was someone else driving the van and not him.

She said that they don't know how much he's claiming yet because they have to get estimates and the van has to be checked now. But my no claims discount goes back to zero after 23 years of claim free driving which is a pain. Apparently if I reimburse the insurance they'll reinstate it. Is it worth it because I'll still be down as having an accident?