Road Traffic Accident - Advice Needed

Posted by: Paul Hutchings on 01 February 2005

It must be the fickle finger of fate Frown

Had an afternoon off to look at a couple of car dealers. Without trying to explain it all in great detail, an articulated lorry shunted the rear of my car on the main A46.

I don't know if it was deliberate (not on my part) or due to a misunderstanding or because it ocurred coming up to a roundabout but it didn't seem safe to stop right there so I went left (a road into a village) and he went off to the right. I stopped a hundred yards down the road where it was safe and waited several minutes and no truckie - I had made a note of the reg number on my mobile so I didn't see much point trying to do a 360 and track him down.

Upon inspecting my car the only visible damage is where a small patch of paint on the rear bumper looks to have been flexed and appears cracked, I suspect it will polish out but for now I am not going to touch it and will be taking photos at work tomorrow.

What I would like to know is what are my legal obligations so far as informing the police and my insurance company?

I found the nearest police station and reported it, about an hour after it happened (not a local so it took a while to find one), it's been logged, has not been allocated a number or anything but I was told someone would be in touch or I could call in a couple of days as that might be quicker.

I don't know if I was legally obliged to do this but it struck me that if I were to get a call from the police in a couple of weeks because he had alleged something, it would be good to go "on the record" first.

I presume I need to tell my insurance company? I have full no-claims, have never had an accident or anything other than a replacement windscreen before, and I'm wondering if reporting it is likely to blow up into something stupid that will screw future premiums for the sake of a bit of polish etc..

Also having informed the police I'm wondering if the insurance comapny will automatically be informed and will know if I don't tell them etc..

Advice appreciated.

No offence intended to anyone in my saying this but I'm after correct info, no sarcy comments or "a mate of a mate says" etc.. if you know what I mean Smile
Posted on: 01 February 2005 by long-time-dead
If you have no intention to repair the car or will accept any future problem without recourse - do nothing. Nobody was hurt.

If you are at all concerned about the damage to your car, get a good quote - fast.

Decide if you are prepared to pay for it yourself. If so, get it repaired if you wish. If you decide not to get it repaired, you will need to live with the future consequence.

If not prepared to pay but want it repaired you should contact your insurers as soon as possible. You are not the guilty party, have the number of the other vehicle and have informed the police.

Proving the accident happened might well be awkward but that is what you pay your insurers for. I doubt there was intent to bump you but the driver might not even felt the content if the damage is slight - artics are rather large and heavy in comparison to a car.

Only element of risk is that the other driver could deny it happened and you might well be left with the positive claim on your history.
Posted on: 01 February 2005 by Steve Toy
The police only have to be informed in the event of injury to either party.

The insurance company only has to be informed if you wish to make a claim.

You only need to exchange details with the other driver in order to facilitate the latter.

My advice would be to get the paint crack polished and re-lacquered. It may cost you just a few quid but it won't be worth your while claiming off your insurance.

If the other driver admits liability (or his liability can easily be proven) then it may be worth claiming off his insurance or inviting him to settle your repair bill.
Posted on: 01 February 2005 by oldie
Paul,
I had a simular occurrence a few years ago.Some one cut straight across me at traffic lights[ he cut straight across me,turning right against against the filter light on his side of the road], but fortunatly admmitted fault/liability immediatly to his Insurance Company. I duly reported to the local Police Station, waited about one hour to be attended to, and was then promptly informed by the duty officer that as long as no body was injured, the Law had been changed and there was no longer any requirement to report incidents to the police. But Insurance Companys insist on being informed of any accidents/incidents for their records even if it's a no fault situation as far as you are concerned.
Best of luck
oldie.
Posted on: 01 February 2005 by Paul Hutchings
Thanks folks.

It's hard to explain what actually happened, but it was something like this:

Picture a dual carriageway with two junctions half a mile apart.

Instead of coming down the sliproad from Junction A, joining the carriageway for 1/2 a mile until Junction B then pulling off onto the sliproad, the sliproad from Junction A continues as a third continuous lane from Junction A to B - I'm travelling from A to B.

I come down sliproad, two trucks are driving down the main dual carriageway bumper to bumper, front one pulls in front of me, I back off as he's bloody close and I don't want to go into the back of him, next thing I know the second truck nudges me.

Bear in mind this is happening at around 45mph and that at no point during any of this have I changed lanes or braked sharply or done anything remotely wrong/stupid, though I'm sure you'd expect me to say that Smile

Anyway, Police have been informed, Insurance have been informed (the joys of explaining it to "Deepti" in broken English with no sheet of paper for little diagrams!). Apparently for now it it is just a notification and will not impact my no claims or renewal unless I phone back and want to make a claim, or of course the other chap claims against me.

Tomorrow I intend asking our photopgrahic department if they'd be so good as to take some decent photos of the damaged area, I'll also stop off at the VW dealers to get a quick confirmation that it's just cosmetic and nothing bad is happening behind the bumper.

Then I shall see what can be done about the mark, I suspect I should be thankful that I'm alive after being caught by an arctic at 45mph but it is sods bastard law that it happens when I'm thinking of changing cars and want mine to be minty mint!!

Hopefully it's just the lacquer that's been compressed and it will polish out, though I may get the opinion of a friendly local bodyshop (perks of working at MIRA!).

It's funny after event how little you actually notice - I made bloody sure I got the reg but other than all I know was articulated 40 foot truck, white cab (that's all I saw in my mirror for about ten seconds after the nudge).

I'm sure some will think I've been OTT informing the cops and the insurance but as far as I'm concerned it wasn't my fault and I have nothing to hide, which is how it would look if a month from now I get a call from the insurers where "Mr X of Bloggd Trucking has claimed that...."

cheers,
Paul
Posted on: 01 February 2005 by andy c
quote:
The police only have to be informed in the event of injury to either party.


If you feel the crash was not your fault, and that the other driver was at fault, or that there are offences disclosed, then you can report the crash as you did. A rear end shunt in law is always the liability of the vehicle hitting the one in front of it, as the person doing the hitting should have been able to stop in the distance that can be seen to be clear, even in an emergency. I accept we are talking practically re following too close etc, but the law is quite clear in this.

As such, the liability with this crash rests with the lorry driver. Therefore your insurance company will, should you wish to make a claim for damage caused, andvise the other party (If he/she is insured) of this fact.

If I can help you any further, let me know,

andy c!
Posted on: 01 February 2005 by Paul Hutchings
Funny how trying to do the right thing seems to backfire so badly.

As I see it so far, by trying to "do the right thing" and make sure I don't get a phone call out the blue from either the cops or some insurance company I report the shunt to police/insurance and it seems I now have a lifetime of ticking the "yes" box in the accidents/claims/convictions section whenever trying to get an insurance quote??

It also seems I'll probably end up covering the repair cost myself to avoid a claim on my insurance - that is annoying as it seems plain wrong in principle but reality is if it's cheap to fix it's probably simpler and quicker that way.

Fantastic.. truly bloody fantastic.
Posted on: 01 February 2005 by andy c
quote:
It also seems I'll probably end up covering the repair cost myself to avoid a claim on my insurance - that is annoying as it seems plain wrong in principle but reality is if it's cheap to fix it's probably simpler and quicker that way.


Why did you not ask the police/insurance co to obtain the details of the other vehicle. You pay your insurance premium - make the ins co earn it by contacting the dvla to obtain the details of the other vehicle and make some enqs on your behalf?!?

They will tell you to ask the police to do it, mind...!

andy c!
Posted on: 01 February 2005 by John Sheridan
quote:
Originally posted by andy c:
quote:
It also seems I'll probably end up covering the repair cost myself to avoid a claim on my insurance - that is annoying as it seems plain wrong in principle but reality is if it's cheap to fix it's probably simpler and quicker that way.


Why did you not ask the police/insurance co to obtain the details of the other vehicle. You pay your insurance premium - make the ins co earn it by contacting the dvla to obtain the details of the other vehicle and make some enqs on your behalf?!?

They will tell you to ask the police to do it, mind...!

andy c!


or get yourself a quote (you only need one) for repair to the damage and a hire car for the duration of repairs and put a claim in on his insurance.
Posted on: 02 February 2005 by Paul Hutchings
Well the local trustable bodyshop chap said it looked like the lacquer was intact which means it's the paint layer underneath that's been compressed/stretched, they estimated around £90 to properly strip down and respray that area.

I have to say right now I'm in a quandry about what to do.

On the one hand there is the principle that what has happened is not my fault and that's what insurance is for etc..

On the other hand there's a practical element that a claim is hassle, especially if they contest it, and, as most people have said the damage is so slight that you probably wouldn't notice it if you didn't know it was there.

As the chap at the bodyshop put it, your car has a scuff on it, his truck is probably unmarked, there's no witnesses and it's your word against his over something that should make sod all difference come sale/part-ex time.

I shall wait and see what, if anything, the Police come back with - does anyone know what process I've actually kicked off by reporting it to them as I don't??

cheers,
Paul
Posted on: 02 February 2005 by andy c
quote:
I shall wait and see what, if anything, the Police come back with - does anyone know what process I've actually kicked off by reporting it to them as I don't??


You should have been given the details of the officer dealing with your report - ring the station and ask the officer what they are doing about this - they should be in any case letting you know what they have done!

The fact that it's your word against the lorry drivers etc Is not a barrier at this stage to the police trying to confirm who the driver of the lorry was...

The owner of the lorry will be operating under an 'operators licence' - if he/she/ the firm don't co-operate with the police then the police can oppose the granting of the firms operators licence in the future etc - a bit complicated but a lever nontheless...

regards

andy c!
Posted on: 02 February 2005 by rodwsmith
quote:
Originally posted by Paul Hutchings:
Well the local trustable bodyshop chap said it looked like the lacquer was intact which means it's the paint layer underneath that's been compressed/stretched, they estimated around £90 to properly strip down and respray that area.

Paul


Paul, if you can really sort it for £90, then do that and forget anything else. Only hassle and frustration lies therein. There is absolutely no way if you get your insurance company involved it will end up costing you less than £90 personally one way or another. Probably far, far more. It is not just the cost of putting damage right that pushes up premiums but also admin costs and so on.

Dutring the summer someone failed to adequately complete a three-point turn in my road and dented my car and did for the bumper. It cost £1100 to put right and it was CHEAPER for me to pay, than to claim on my "comprehensive" policy with its excess and loss of no claims bonus. I do live in London right enough, and my car has a sign on it that says "damage me please" that everyone else on the planet except me appears able to see.

If the damage you have sustained is either put-upable-with or fixable for what - in motor terms is next to nothing - then do that. It might be the principle of the thing, but there is no point in 'cutting off your nose to spite your face', as my mother says occasionally.

Frankly think yourself lucky. You would be in exactly the same position now had the truck ruined your car. In a bizarre way you have "got away" with this, however galling it may seem.

Open a very nice bottle of wine, put on a good record and forget about it is my advice.
Posted on: 02 February 2005 by long-time-dead
Seconded - in car terms, £90 is nothing more than a couple of tanks of fuel.

Decide if you want it fixed, do it and forget the entire thing. You are alive, nobody is hurt and your car is scuffed a little bit.

Let's face it - you would pay £90 to avoid the hassle ofthe insurance forms !!!!!
Posted on: 02 February 2005 by Paul Hutchings
It sticks in the throat but I am tempted to just forget about it.

I'm not one for huge melodrama but it did strike me earlier today that a couple of seconds earlier and I might not be typing this so a bit of scuffed paint could be considered as getting off lightly vs a forty-foot lorry.

Like a prat I didn't get the name of the desk bloke at the police station, though I do have a number to call to follow it up in a day or two if I've not heard from them.

If I do change the car it won't matter on the part-ex - like the bodyshop chap said, find the dirtiest muddiest road you can and drive down it several times and get it covered in shit so it doesn't show.

cheers,
Paul