query for car accident/insurance-please help!!!!

[anderlee]

My younger sister is on my insurance policy and in august I will have 5 years no claims. She had a bump 10 days ago which was her fault. To avoid a claim being made we have told the guy she hit, that she will pay for the minor damage to the car hence avoiding a claim.

He has now mentioned that he he 'some pain in his neck' and might put in a 'no win no fee' claim for whiplash!! Obviously someones whispered in his ear...
The police were not called, he drove away from the accident and had no time off work (as hes got a new job) Nor has he been to hospital/gp.

Somebody told me due to above reasons and not reporting it in 24hrs he cannot make a claim as he could have got injured eg. playing football. There is no proof is there??? I really dont want to pay out on my insurance. Pls tell me legal point of view so I can tell this guy to take a running jump!! thanx

[auzzie]

All accidents should be reported to police within 24 hours. It does not necessarily mean that he cannot claim for an injury. Whiplash and such like can appear some 48 hours later. How do you know that he hasn't been to the hospital or seen his GP or had time off work? It is all relevant of course, sounds like he is pulling a fast one if what you say is true!

[pauln90]

The first thing is that under the circumstances you describe there is no need for the accident to be reported to the police as both parties stopped and exchanged details.

Secondly it is a condition of insurance policies that all accidents are reported to them whether you intend to claim or not.

Third - If this individual decides to make a claim then I am sure that one of the plethora of accident "specialists" will jump at the chance to take up the case on his behalf.

If you feel that he really is going to make a claim then I think you should pass the matter to your insurance company as soon as possible or they might starting asking questions if any length of time develops between the incident and you reporting it

[anderlee]

i know he hasnt seen a gp as he has started a new job and just complained of 'sore neck'. I have actually spoken to him and he seems a bit naive. So it looks like he could make a claim???

[dmj]

He could make a claim as it has to be within 3 years, all he has to do is go to the doctors about his neck and as long as thats on his medical record he will be eligible. He wont necessarily give your details though its a chance you'll have to take.