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Need to report a not my fault accident?

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  • 25-08-2022 11:21am
    #1
    Registered Users Posts: 41


    My parked car (I was not even in it) was hit by the next car to me reversing out. I was within my lines and there is CCTV and other driver admitted blame in front of the security guard at work.

    Guy seemed like a nice guy (he's not in my company, works for another in the same estate so don't know him) so I gave him the opportunity to pay himself, waiting for quotes to come in. I'd say we're looking at a few grand so looks like going through insurance.

    My question is, do I need to report this to MY insurer? The website says "Don't admit fault. Notify us immediately." but this is under the "Make car claim" page - I'm not making a claim on my insurance.

    If I do notify them, will it be held against me? This is a classic car policy (and yes, SD&P is covered) - when renewing my daily policy will I need to mention this?

    Thanks.



Comments

  • Registered Users Posts: 25,345 ✭✭✭✭coylemj


    Did you get details of the other guy's insurance? Do you have fully comp cover?



  • Registered Users Posts: 41 carlandlenny


    Yes to both



  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,449 Mod ✭✭✭✭Kimbot


    Contact your insurance and tell them there was an accident, other driver has admitted liability and you are trying to conclude the fees etc without the assistance of the insurers at this moment in time. You would like it noted on file is all.



  • Registered Users Posts: 25,345 ✭✭✭✭coylemj



    As per post above, report it to your insurance for information but (for the moment) you are not lodging a claim. And note that you are not obliged to use a repairer nominated by the other guy. Because he will probably be shocked when you show him the quotes and will claim that he knows a guy who can do it for far less.

    If he starts to screw around, just stop communicating with him and report it to his insurance. People can be all co-operative at the scene (you called your fellow a 'nice guy') but suddenly undergo a personality change when presented with the bill.



  • Registered Users Posts: 2,941 ✭✭✭Eggs For Dinner


    Above advice is correct OP. but there will be a battalion of posters to come who will say your insurer will screw you at next renewal. They won't. Insurers only increase premiums if there is a payout on your policy



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  • Registered Users Posts: 41 carlandlenny


    Thanks for the replies.

    Just to clarify, I'm asking if I HAVE to report it. If I don't have to, I see no upside for me in doing so.

    @Eggs For Dinner that's exactly what I'm thinking, do you know this for a fact, like do you work in the industry?



  • Registered Users Posts: 2,941 ✭✭✭Eggs For Dinner


    You are obliged, under the terms of your policy, to notify your insurer immediately of any incident which MAY give rise to a claim.

    In your situation, if the other party reneges on agreement to pay and you require the assistance of your insurer, they may refuse if there has been late notification. Where there is little doubt, given your car was parked unattended, there is minimal prospect of any issues



  • Registered Users Posts: 1,556 ✭✭✭Gooser14


    What does your insurance policy terms & conditions state? That's what you need to adhere to.



  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Bear in mind that if you do not notify the incident to your insurers you may also misrepresent your position at renewal.

    There is a duty of disclosure when taking out a contract of insurance. That duty revives at renewal.

    If you renew your policy without mentioning the incident you are effectively making a misrepresentation.



  • Registered Users Posts: 25,345 ✭✭✭✭coylemj


    There is a duty of disclosure when taking out a contract of insurance.

    Not any more there isn't, since the commencement of S.8 of the Consumer Insurance Contracts Act 2019 in September 2021.

    They ask questions, you provide truthful answers. You are not obliged to volunteer any information over and above answering their questions.

    8. (1) The duties in this section replace, at the pre-contractual stage of a contract of insurance, the principle of utmost good faith (uberrima fides) and any duty of disclosure of a consumer (including any duty on the consumer to volunteer information) that applied prior to the commencement of this section (whether that principle or duty arose at common law or under an enactment).


    (2) The pre-contractual duty of disclosure of a consumer is confined to providing responses to questions asked by the insurer, and the consumer shall not be under any duty to volunteer any information over and above that required by such questions.

    http://www.irishstatutebook.ie/eli/2019/act/53/section/8/enacted/en/html#sec8



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  • Registered Users Posts: 289 ✭✭AnnaStezia


    Suppose that a person renews their motor insurance without telling the insurance company about an accident that happened during the insurance year.

    Is there any potential problem for a policyholder if the accident is revealed after renewal ?

    Would the renewal notice have to be worded to ask the policyholder if there had been any accident during the insurance year to put the insured at risk of comeback ?



  • Registered Users Posts: 25,345 ✭✭✭✭coylemj


    Would the renewal notice have to be worded to ask the policyholder if there had been any accident during the insurance year to put the insured at risk of comeback ?

    No, there is an ongoing responsibility on the policyholder to inform the insurance company of any event which could give rise to a claim.

    Is there any potential problem for a policyholder if the accident is revealed after renewal ?

    Yes, big time potential problems...

    1. You have an accident. There might be a claim on your policy. You don't tell your insurer
    2. You get a renewal notice, you pay the premium. They still don't know there is a prospective claim
    3. You tell them about the accident
    4. They cancel the policy for non-disclosure and refund your premium
    5. Now everybody will refuse to quote you because a policy was cancelled on you


    Post edited by coylemj on


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