Scooby Snacks 23

Story goes, a 16-yr old on a moped ran into the side of my company A3 Sportback last September when cutting accross lanes on a roundabout (and no, I couldn't avoid it).

He didn't stop, so I drove after him and forced him to stop and he admitted that he hit me but didn't think there would be any damage. It turns out that his peg (the bit where your feet go apparently!) has put a 12" gash in my drivers door. There was no damage to his moped.

We exchanged details but I also went to the police station to report it as it's a requirement in our company car arrangement. I then reported it to our accident management people to let them sort it. They instructed me to get a quote for repair, which is circa £900.

I've had an update today from them - they say that, as he has not reported it to his insurance company, his insurance company want nothing to do with it. As a result, I now have to pay the £200 excess to get it repaired (which I wouldn't have to do if he had reported it to insurer and admitted liability).

Is this right? Is it okay for us not to report own-fault accidents to our insurers to avoid them paying out? Do his insurers not at least have an obigation to contact the 3rd party to ask if he really was involved in an accident?

Just gutted that I now have to pay £200 for the privelege of someone hitting me (which I won't get back).

Sonic'

I hope that doesnt happen with my accident yesterday otherwise it wont just be two hundred quid I would lose, it would be my complete car as its not driveable

GC8

His liability stands irrespective of whether he ran away, did everything that he should have, or anything in between. Id suggest that persuing you is easier than claiming against the rider; in that circumstance Id refuse to pay and insist that the rider and his insurers pay, with court action being the ultimate outcome.

fatherpierre

Sound like your insurance co is being lazy.

Your excess is surely there for when you're at fault as a cushion to the company?

m1cks

Even if the damage is not your fault, you still have to pay YOUR excess. Irrespective of him admitiing liability or causing the accident. Your insurance company should then claim this back from his insurers as part of a settlement figure for damage.
He is also at fault for not reporting the incident to his insurers, even if he planned to avoid making a claim. His insurers cannot refuse to pay out because he hasn't reported it to them. What possible other reason would you have for him giving you his insurance company details???

fatherpierre

I was meaning the no claims loss that'll be incurred if they don't get the balance from the other party.

douglasb

Whether or not his insurance company want anything to do with it makes no difference to the liability. He hit your car and caused damage therefore he is liable for that damage. Insurance is only there to pay for that damage - if he was at fault then he is liable to pay; insurance is only there to pay out if he can't afford it himself.

Assuming that he gave you correct details and that he is contactable, your next action should be to pass this to your legal expenses insurers (assuming you have legal expenses cover). They should then pursue the guy for the cost of repairs.

If you don't have legal expenses cover then it looks like you need to be raising a Small Claims Court action.

The bottom line is that whether or not he has informed his insurance company does not absolve him from liability. If you make a claim against him (whether via your legal insurers or the Small Claims Court) he may suddenly decide to tell his insurers about the accident.....

mart360

lol i had similar, a nice man in a ford escort used the back of the scoob as

his brakes...

He ommited to report it to his insurance co, and they denied liability..

until the 6X4 glossys showing him, his car, his car reg, and more importantly

the damage to the front of his car and the rear of my car landed in there

intray...suffice to say they payed out immidiatly lol


the second time, the other partys insurrers contacted me within 24 hrs to

arrange hire car etc,


Mart

Brun

Do you have pics of him and his bike? Any witnesses? i assume not after ther persuit. Without any of the above i would bet that the IC will just go 50:50
Make yourself feel better - find where he lives and either flatten him (not advisible) or nick his moped (again, not advisible)