i was involved in a near miss on my bike and eneded up in the trees, the car involved wasn't touch but he has excepted that it was his fault. ihave 3 points for driving while on my mobile, but not declared it, will this claim be void even if i am claiming through his insurance.
Your insurers could void your policy or they could continue to offer cover subject to you paying any difference in premium that your undeclared endorsement would have generated.
The driver of the car may have felt responsible (technically no one should admit responsibility at the scene of an accident it is against the terms and conditions of most insurance policies)but as there was no actual collision and if there are no independent witnesses I doubt that his insurer will accept liability.
A loophole here is that you dont need to tell them about any points until your renewal date, at which point yiou have a new contract with upto date details. You then have a new contract with them so it depends when your renewal date was and when the points were added to your license
That used to be a loophole but many companies now write it into their contracts that you must advise them as and when you get an endorsment and they reserve the right to underwrite mid term. There again - you may be lucky and find that your insurer does not have this clause - but I would not rely on it .