Motor Accident

rondeau | 18:03 Sun 21st Jul 2013 | Motoring

8 Answers

My car came off worst in a recent accident and we exchanged details, but the other party hasn't reported it to his insurer and mine say they can't proceed until he does. Is this right? My car was parked and I have a witness.

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boxtops

I don't think they are right. If he doesn't report it to his insurance company, yours can write to his home address and ask him to do so, the claim is against him in the first instance - if it'll affect his NCB, he might be planning to deal with your claim without reporting it. Don't forget that if you have an excess, you'll have to claim that from him direct anyway.

SirOracle

As boxtops has said your insurer is not correct. If you have comprehensive cover then your insurer is liable to pay for the damage to your car (minus the amount of the excess ).

I would write a letter to the tp requesting that he informs his insurer as otherwise you will be proceeding directly against him for your uninsured losses such as the amount of your excess and the hire of a car whilst your car is off the road.

This may bring him to his senses.

I would also inform your insurer of the actions you are taking.

Sadly this sort of thing is getting more and more common every day.

SeaJayPea

I would also tell him that you will have no alternative other than to report it to the police. Then do so if he/she fails to respond.

I take it you've checked that they are insured and live where they say they do.

New Judge

There is nothing to report to the police. No offence has been committed (unless the TP has no insurance which is not known at the moment). The TP stopped and exchanged details; he has no legal obligation to report the incident to his insurers (though he may be obliged to under the terms of his policy). In short, the police have no interest.

ToraToraTora

So are we saying the TP is at fault here? If he is claiming off you then his insurer needs not be involved. However Insurers do seem to like it reported even when it is totally irrelevant.