Declare accident to insurer?

lir6777

So I was in a collision about a year and a half ago, and about a year ago the third party's insurer accepted the full costs on a no prejudice basis. I was given my 4 yrs no-claims bonus back by my insurer, and renewed my insurance with another company.
Months later, the third party in the collision dragged me to court and (against all odds and thanks to a f**ker of a judge) won straight out. My previous insurer will now have to pay his costs (which are small and only damages, no personal injury involved).
What do I now do about my no claims bonus? My new insurer had nothing to do with this, and I've been with them almost a year. If I now lose my NCB, will I have to pay the extra for the year I've already been with them?! (As in- will my no claims bonus be taken from the collision itself?) Then pay my next renewal with just the 1 year no claims I've racked up since the accident? This could cost me a couple thousand so I'm freaking out!
Advice very appreciatd!!:(

AltAccount

You have to tell them

MugMugs

You may well keep your NCB but it should be amended accordingly. You will also have to.disclose this claim as its now fault.

mikemac1

Yes tell them, you have to

Otherwise you'll get a letter one day with a refund cheque and your policy cancelled and nobody else will want your business

lir6777

Yeah figured I'm legally obliged alright...thanks though.

Anyone know if I'll be charged the extra for my past year's policy as well though? Seems like a technicality that could come about

jimmycrackcorm

lir6777 wrote: »

Yeah figured I'm legally obliged alright...thanks though.

Anyone know if I'll be charged the extra for my past year's policy as well though? Seems like a technicality that could come about

No because the factual basis you were insured was correct until it changed. I have don't understand how you won initially and then lost out against another party though...

Henry Ford III

OP why didn't you declare it to your new insurer at proposal stage?

MugMugs

Henry Ford III wrote: »

OP why didn't you declare it to your new insurer at proposal stage?

Judgement occurred on a non fault settled claim post inception by the looks of it.

E39MSport

mikemac1 wrote: »

Yes tell them, you have to

Otherwise you'll get a letter one day with a refund cheque and your policy cancelled and nobody else will want your business

+1. Happened me. My (then) OH had her car damaged in a car park and informed her insurance company after the 3rd (offending) party messed about.

2 years later I elected to mention this to my isurance company (she was named on my policy).

They said that they were cancelling the policy for the last year because I didn't tell them about the calim (even though it was in dispute).

I had to pay up the recalculated additional premium for that year after pleading innocence. Almost lost my NCB.

deandean

If you do not disclose that info to your insurer you are effectively uninsured.

Happened to me a few years ago, small shunt, other insurer accepted full liability, case closed, no claim of any type against me, I didn't disclose this the following year when changing insurer and 3 months later I got my premium refunded with a nasty letter telling me I effectively had no policy in place last 3 months; and they were writing to Guards telling them I am uninsured!

lir6777

I didn't declare it because it was settled at the time I renewed, fully on the third party's policy, so there was no claim at all on my policy until it all went to court.

Yikes, will definitely tell the insurer so, thanks for all the advice!

dr.fuzzenstein

Ever considered appealing the verdict if you feel it's not right?

lir6777

dr.fuzzenstein wrote: »

Ever considered appealing the verdict if you feel it's not right?

I sure did- was informed an appeal could cost about €5000 and mightn't get that back if it came out 50-50!:mad:

dr.fuzzenstein

lir6777 wrote: »

I sure did- was informed an appeal could cost about €5000 and mightn't get that back if it came out 50-50!:mad:

That's some gamble, alright.

Henry Ford III

lir6777 wrote: »

I didn't declare it because it was settled at the time I renewed, fully on the third party's policy, so there was no claim at all on my policy until it all went to court.

Yikes, will definitely tell the insurer so, thanks for all the advice!

It was still an accident though.

MugMugs

Henry Ford III wrote: »

It was still an accident though.

True but not worthy of cancellation/decline.

Henry Ford III

MugMugs wrote: »

True but not worthy of cancellation/decline.

True also but the requirement to disclose is still there, and isn't optional.

lir6777

dr.fuzzenstein wrote: »

That's some gamble, alright.

Sure is- our amazing justice system's way of making sure regular people can't question the judges' "wisdom"

lir6777

Henry Ford III wrote: »

True also but the requirement to disclose is still there, and isn't optional.

But the insurance company I was with at the time of the accident knew all about it- I wasn't under the impression that every time you switch insurance company you have to tell them about every tip that someone else caused and which didn't come off your policy- only what's actually relevant to your driving record and risk.
It was done, dusted, and deemed not my fault before I moved insurance co- why would the new company need to know?

MugMugs

lir6777 wrote: »

But the insurance company I was with at the time of the accident knew all about it- I wasn't under the impression that every time you switch insurance company you have to tell them about every tip that someone else caused and which didn't come off your policy- only what's actually relevant to your driving record and risk.
It was done, dusted, and deemed not my fault before I moved insurance co- why would the new company need to know?

Generally you are asked "have you had an accident regardless of blame in the past 5 years" a No is a lie and could have serious fall back as a result

lir6777

MugMugs wrote: »

Generally you are asked "have you had an accident regardless of blame in the past 5 years" a No is a lie and could have serious fall back as a result

Wow I can't remember my phone call with the new company now but I wouldn't have hidden it from them- so either they didn't ask that or they did and I would have told them about accident and that it was settled in my favour.

I definitely didn't hold anything back if they did ask, didn't have any reason to so that shouldn't be a problem

MugMugs

lir6777 wrote: »

Wow I can't remember my phone call with the new company now but I wouldn't have hidden it from them- so either they didn't ask that or they did and I would have told them about accident and that it was settled in my favour.

I definitely didn't hold anything back if they did ask, didn't have any reason to so that shouldn't be a problem

Not saying you did and the phone call would be recorded should anything arise as a result so no worries there.

Listen, I'll break it down for you.

If you didn't tell you current insurer about what WAS a non fault accident, generally they will just turn a blind eye as it makes bog all difference. They could however get a bit arsey if they really wanted too. The most severe consequence is that they refuse you renewal or cancel your policy without reason (they can do either and don't HAVE to give a reason) and you would have to disclose a refusal to renew / cancellation to your next insurer bumping up your premium more.

That's worst case scenario.

Personally, in all my years of dealing with that kind of stuff, I'd just let it go. It was non fault at the time of inception therefore the risk wasn't higher than what you told them initially so no issue. That has now changed and you should be charged accordingly.

Will they charge you an increased premium for the year already gone? Probably not, as it was non fault for that year.

Will they charge you an increased premium for the current year?
Yes, a court has ruled in favour of the plaintiff.... you lost. You're now a risk.

Will they take you NCB, they could well do to be honest.... and probably will.

What would I do if I were you?
Pick up the phone and have a very long chat and see what happens.

Consequence of not doing so could be even greater than doing so in the long run.

lir6777

Cheers MugMugs, might just go into their office with all the documents and hope to get some of their face-time.

Yep, figured I'd lose the NCB but it would be great if they didn't charge me the extra for the past year- fingers crossed! SIGH this has been a mucky affair, the bus is starting to look appealing...;)

Marcusm

lir6777 wrote: »

But the insurance company I was with at the time of the accident knew all about it- I wasn't under the impression that every time you switch insurance company you have to tell them about every tip that someone else caused and which didn't come off your policy- only what's actually relevant to your driving record and risk.
It was done, dusted, and deemed not my fault before I moved insurance co- why would the new company need to know?

Do you really need to ask as in the heel of the hunt, a court of competent jurisdiction awarded against you? That is pertinent to the new insurer.

Marcusm

MugMugs wrote: »

Not saying you did and the phone call would be recorded should anything arise as a result so no worries there.

Listen, I'll break it down for you.

If you didn't tell you current insurer about what WAS a non fault accident, generally they will just turn a blind eye as it makes bog all difference. They could however get a bit arsey if they really wanted too. The most severe consequence is that they refuse you renewal or cancel your policy without reason (they can do either and don't HAVE to give a reason) and you would have to disclose a refusal to renew / cancellation to your next insurer bumping up your premium more.

That's worst case scenario..

worst case scenario is that you could be convicted of providing false information to obtain motor insurance. Unlikely, in the circumstances but the true worst case.

lir6777

Marcusm wrote: »

worst case scenario is that you could be convicted of providing false information to obtain motor insurance. Unlikely, in the circumstances but the true worst case.

I didn't provide false information- if indeed they did ask whether I had had any accidents, then as I stated above, I would have told them the details. I just can't remember whether they asked but I certainly didn't hide the accident or lie.
So I didn't mention it when they asked if I had claims on my policy as I didn't- if they asked about other accidents then I definitely would have told them. I didn't provide false information, so conviction's unlikely!

MugMugs

Marcusm wrote: »

worst case scenario is that you could be convicted of providing false information to obtain motor insurance. Unlikely, in the circumstances but the true worst case.

Marcusm wrote: »

Do you really need to ask as in the heel of the hunt, a court of competent jurisdiction awarded against you? That is pertinent to the new insurer.

Is it really necessary to go for the jugular?

And a court of competent jurisdiction?? Personally, the law is an ass.

Listen OP, talk to your insurer and just ignore the onslaught of the righteous ones about to break down the front door in here.

lir6777

MugMugs wrote: »

Is it really necessary to go for the jugular?

And a court of competent jurisdiction?? Personally, the law is an ass.

Listen OP, talk to your insurer and just ignore the onslaught of the righteous ones about to break down the front door in here.

Hahaha, cheers, and I fully agree, the judge who heard our case was a disgrace! Turned up nearly an hour late, told people to 'get out and stop whingeing' constantly and threatened to adjourn cases when he claimed he hadn't been passed all the documents (which he then found in front of him on his desk!) Complete sham.

Just for the record all: I am not a liar, nor did I hide the accident. My question was what I had to do now that the claim is against me- I never once deceived my insurance company when taking out the policy. Sadly being a decent honest person doesn't mean s**t-all to judges or careless drivers who have enough money to drag people to court to be bullied- hopefully most people won't get put in my situation to have a claim U-turn but it's messy and was just looking for some friendly advice. Hopefully I'll be able to explain myself more clearly to the insurance company!:)