My Very First Accident - Can anyone advise me?

[Materialnut]

Ok heres what happened!! I was driving down a main road when a vehicle came from a side road who didn't look like they had any plans to stop. By the time i had realised this i couldn't do much more but brake and swerve out of the way however was unsuccessful. The vehicle hit my rear side and has taken a huge chunk out of a spoke on my alloy and has scuffed a little of my bumper which doesn't look too bad however i haven't assessed it properly yet. I stopped and so did he and we exchanged details - him his company details and number and number plate etc and me my address and phone number etc. i asked him what he thought he was doing and he said that he admitted he was coming down the hill quite fast and that there was a blind spot at the bottom of the road anyway and so apologised for this. He then inspected my car and i did the same to his. I informed him i was going to go home and assess the damage and then call him to inform him of how much damage was actually done. he then replied that it was his works van and so he will need to speak to his boss to decide what to do re going through insurance company etc. have i done the right thing and do i notify my insurance company etc? this is my first accident so i dont really know what to do. I know that i was in the right but he came accross as if it was both our faults despite what he said about going to fast and there being a blind spot in his way?? can anyone advise??

[spaced]

First rule is NEVER admit liability, so dont in this case. his van should be covered by a group company insurance policy. You did the right thing. Advise your insurance company straightaway, that should be the first thing you do. Give them ALL his details, and advise him to do the same (give his insurers your details). It may only look like a chipped alloy but there may be more damage to the axle, supsension etc etc

[Hammer]

It sounds like it wasn't your fault. Advise your insurance company and let them sort it out - that's what you pay them for.

I doubt he will try to wrangle out of it as it's a work van and he will be fully covered, but even if he does, let the insurance co do all the arguing.

[Materialnut]

excellent thanks for your help - I'll ring them when i get in tonight and sort it then. But if i notify the insurers and the he decides he wants to pay for it out of his own pocket will this affect anything after i have notified them??

[spaced]

it depends on the type of policy, some may retract your claim and allow you to proceed and settle out of a claim. But as I said your damage may be more than just a chipped alloy. If you have a low excess I would still go through insurance, as the damage may exceed your ecxess. saves you money and means that the insurers do all the garage repairs arranging for you, rather than you and the 3rd party having to arrange it all.

THe only time I would not got through an insurer after an accident with a 3rd party, is if I the vehicle has only received a scratch or small dent, other than that I would ALWAYS go through insurers, thats what you pay them for.

[ianess]

Number one rule in any accident is NEVER to admit liability or say anything which could be taken as an admission of guilt, not even if you're 100% to blame. In this case you don't appear to be at fault but did you get any names and addresses of witnesses?
If there were no injuries there's no need to involve the police, but if the other driver can't produce insurance documents it would probably be in your best interest to call them anyway.
Other than that leave it to the insurance companies to sort out, and pass on any correspondence to your insurers without replying direct.
Welcome to the joys of motoring.

[cosyrosy]

i had almost exactly the same thing happen to me christmas 2004- a car came out of a side road and hit me- then tried to tell me it was my fault- fortunately i had legal cover on my insurance- because the letters and arguments have been going on for 15 MONTHS and are still not settled. my advice is stick to your guns, settle in for what could be a bit of a stressful time ahead and hope that the other party is not insured with CIS !!

[Materialnut]

Oh my god stressful isn't the word! - If only i hadn't of left for work early this morning!! but i suppose thats the way the cookie crumbles! Ho Hum - I'll keep you all posted but thanks for the advice you've been more than helpful.

[Materialnut]

By the way, if it's not my fault, do i still have to pay the excess?

[spaced]

No. If you are fully comprehensive and its the 3rd party's fault, your insurers will claim the excess from the 3rd party.

[Materialnut]

Well heres hoping because if not it could get pretty ugly!! Due to my age and the car that i drive the compulsory excess for my insurance is astronomical and then to get the insurance down even more i added to that with some volutry excess too! I'm with Tesco - anyone know if they are any good?

[spaced]

materialnut, im not blowing everyones trumpet but me thinks that everyone here deserves 3 stars!

[Materialnut]

oh absolutely spaced - you have all been so helpful and also so knowledgable too.

Anyway.......Who wants to hear the next part of the story since i have got home!!

Taking into account everyones advice i thought it best to go home and check out the damage etc and report it to my insurance company. So; i rang the work number he gave me and it was all legitimate so all good on that part however, now just like you all said (i.e. never admit to an accident!) he is now saying that he thinks i was going to fast and that he is not prepared to take responsibility. Anyway he wouldn't give me his home number and is now saying that his wife was also in the car of whom i didnt see at the time but maybe i'm wrong?? so he said he didnt wish to discuss it as it was the weekend so he would try to call me monday if not i should call him monday night (does this sound a bit dodgy to anyone?). So without further ado i got straight on to the insurance company and told them and wait for it..... just as i thought my excess is totally out of this world! try �600 for size! anyway so be it and now they are taking action re: repairs however, what do the insurance company do? who do i pay the moneys too i.e. tesco or accident repair? what about the guy driving the van and most importantly out of all this...what about my no claims!! Will an investigation happen? - You must all think i'm so dense but as i said; your all so knowledgable!

[picklepants]

Sorry to hear about your accident. I, like the others, have been in this situation before with people lying to try to get out of paying up. Although it took TWO YEARS to be finally settled coz I was with a crap insurance company (More Than) it was worth leaving it in the hands of the insurance company to sort out. And really it was worth losing a year of my no-claims bonus not to stress about it myself. Your insurance company should advise you on any payments you may have to make. I had to pay the excess to the garage repairing my car and then that was claimed back from the 3rd party's insurance. Try not to fret about it and just put it down to experience - everyone goes through it at some point! Hope you get a decent night's sleep - everything looks better in the morning!!

[mnko]

he was coming out of a minor road . u were on the main road. it was his fault. i hit someone i was coming out of a minor road he flashed me 2 say go . he then carried on i hit him its my fault. 2 addd insult to the accident he was a police officer and had 3 collegues in the car aswell. lost 3 years no claims. they stick 2gether grrrrr

[Materialnut]

oh my god doesn't it just!! I just looked at my policy and its so confusing all they seem to talk about is what would happen in the event of a death - its never as simple as what to do in the even of an accident!! And to add to frustration everythings grinded to a halt now as its weekend and accident repair and hire car company are all shut!!

[sentinal7]

any driver emerging from a side road onto a main road must stop, check and give way to any oncoming traffic or crossing pedestrians. if you were travelling on the main road and were hit from the side (especially towards the rear end of your car) it is likely that the other driver did not adhere to the road signs/warnings and the driving conditions. Furthermore, if he was carrying a passenger not employed by his company, and the journey was not related to his work, it is unlikely he would be covered by his company insurance. Any accident MUST be reported to the police or you may find yourself getting a kick in the teeth from your insurers, especially if the other driver is trying to blame you. Unless of course you can settle it with his boss (out of court). Try him. the worst he can say is no.

[MJDale]

Despite what a previous poster to your question states you do not have to report the accident to the Police. As long as both parties to the accident have stopped and exchanged details and no one is injured then it is not necessarily a matter for the Police. If you did report the matter to the Police then chances are all they will do is fill out a form and file it. There is the misconception that if Driver A reports the matter to the Police then the Police will side with Driver A and therefore declare that Driver A is not at fault. There is also a commonly held misconception that if a driver reports the matter to the Police then they cannot be at fault - not true.

For what it is worth - from what you have said - it does not sound like you were at fault.

[MJDale]

Many people have said report this to your insurance company and let them do the work - this is what you pay your premium for - this is sound advice. If at the end of the day for whatever reason you do not claim through your insurance company then you have lost nothing as you have not made a claim. Ask your insurance company what they want you to do next - if you are making a claim they are running the show.

There is a general reluctance to report accidents to insurance companies - people are scared of losing a no claims bonus and think that if they do not tell their insurance company about accidents it does not matter. When you apply for insurance you are asked if you have had any previous claims OR ACCIDENTS WHICH MAY LEAD TO A CLAIM. Many people conveniently forget the times that they have been involved in accidents but have sorted it out without the insurance company becoming involved - this is alright until such time as you get found out - making a false declaration to obtain insurance is illegal. These days insurance companies share information and even if you decided not to tell your insurance company there is always the possibility that the other driver's insurance company may do.

[MJDale]

Although the other driver, it seems, admitted liability at the scene he has obviously now 'changed his story' - he has no doubt taken advice from others - as you have - who have all told him not to admit liability. Some insurance is invalidated if you admit liability - this is the nature of the litigious society that we all now live in.

If you were on the main road and he pulled out from a side road AND he is now saying that he now thinks that you were going too fast the question that has to be asked is - if he thought you were going too fast why did he pull out of the road in front of you? - if the answer to that is that he did not see you then - how does he know that you were going too fast? He cannot say that you were going too fast and this does not stand up - I would not worry about this.

He says that his wife was in the vehicle with him - do not worry about this, if she was - and I find it odd if she was that you did not notice her at the time given that you obviously spent some time exchanging details etc - she is not an independent witness; she is related to the other driver and was in the same vehicle.