[Fellowscot]

Hello,

Please accept my apologies if this has been asked.

I have only had one time experience with insurance companies after a car bumped into my wife's car. This was sorted out fairly trouble free.

My wife been going through some mental health issues lately. She took an overdose 2 days before the car accident.

At the front of our house, there are two bollards. She reversed the car between the two bollards at each side. She had packed a bag to leave home. In her rush out, she scrapped the side of the car from drivers side to passenger side, in doing so, took out the bollard.

Before I could go out and stop her. I was scrambling to get dressed and assure my two kids, everything was OK. This was very early in morning.

What makes this worse is, I never contacted my insurance company right away. My mind was to get contact with my wife.

My wife only been with the insurance company for 2 months when this happenehappened.

To top it off, m.o.t expired after the accident.

Am still paying for the insurance, the car is not being used. I was told to take it off road. Sorn.

I know it's going be expensive to repair. I simply don't have the extra funds. Am worried the insurance company won't help or being tricked into something that I will regret.

Why I am asking on here for help.

Thank you.

[TC1474]

@Fellowscot

The first question is. Was any damage caused to the bollards.

If the answer is no, then no accident/crash has occurred as the law states that if owing to the presence of a motor vehicle on a road, injury or damage is caused to a third party (which includes property and roadside furniture)

If no damage, then not an issue.

If the policy is comprehensive, then submit the claim for the repairs unless you feel that the damage is minor enough to just continue with a few scrapes.

If there is damage to the bollards (which are usually local authority owned) then you will need to report it to your insurers, but the fact that the MOT expired after the date of the incident has no bearing, it was legal at the time of the collision.

It sounds like from what you say that damage is fairly substantial so going through the insurance is the only option. Just remember that for damage only claims the statute of limitation is 7 years, so reporting it a few months after it happened is not going to make any difference providing you tell them the full story.

[Beelzebub]

Originally Posted by TC1474

@Fellowscot

The first question is. Was any damage caused to the bollards.

If the answer is no, then no accident/crash has occurred as the law states that if owing to the presence of a motor vehicle on a road, injury or damage is caused to a third party (which includes property and roadside furniture)

That is absolutely true so far as the criminal law is concerned.

However, the OP is almost certainly obliged to tell his insurer. Aviva's Ts and Cs are fairly typical: the customer has to report "any accident, injury, loss or damage". Other insurers require anything which might result in a claim.

[TC1474]

Originally Posted by Beelzebub

That is absolutely true so far as the criminal law is concerned.

However, the OP is almost certainly obliged to tell his insurer. Aviva's Ts and Cs are fairly typical: the customer has to report "any accident, injury, loss or damage". Other insurers require anything which might result in a claim.

Reporting any injury, loss or damage refers to the third party only, not your own vehicle.

That is why I said if damage has been caused to third party property it must be reported to the insurers, but only if it was third party damage.

But you are right in that it comes down to the T's and C's so they need to be read, b ut do not make a carte blanche statement because all insurers are different.

[Fellowscot]

Hello,

Thank you for your reply.

I don't know what to say. Ive just spoken to her about the car. The car was my ex wife responsibility.

The accident happened just one month after she signed up with a new insurance company. The M.O.T expired when the accident happened. Then she says she S.O.R.N the car. She is the only one that uses it.

The bollards are at the front of the house, We had then installed because we live close to primary school. In order to leave the property, we have a long driveway. two bollrads at each side. these bollards are a few meters away from the main road. when the accident happened, the car was still on private land. Does this change anything?

If the insurance company can fix it. great. its still a nice car. the cars registered 2017, not old but I know it could be expensive to repair. Hence trying the insurance company.

We both agreed if it can be sold then be it. Sure no one wants to buy a car when there's damage. I don't know if I can sell the car when she doesn't even want to see me. Do I need something in writing from her. She says it should be easy as I have all the documents,

I am really at a loss here.

[TC1474]

Originally Posted by Fellowscot

Hello,

Thank you for your reply.

I don't know what to say. Ive just spoken to her about the car. The car was my ex wife responsibility.

The accident happened just one month after she signed up with a new insurance company. The M.O.T expired when the accident happened. Then she says she S.O.R.N the car. She is the only one that uses it.

The bollards are at the front of the house, We had then installed because we live close to primary school. In order to leave the property, we have a long driveway. two bollrads at each side. these bollards are a few meters away from the main road. when the accident happened, the car was still on private land. Does this change anything?

If the insurance company can fix it. great. its still a nice car. the cars registered 2017, not old but I know it could be expensive to repair. Hence trying the insurance company.

We both agreed if it can be sold then be it. Sure no one wants to buy a car when there's damage. I don't know if I can sell the car when she doesn't even want to see me. Do I need something in writing from her. She says it should be easy as I have all the documents,

I am really at a loss here.

So.... Let me get this right. The bollards belong to you and you paid for them to be installed. Is that correct?

If so then I repeat that it is not a reportable crash.

Was the MOT current at the time of the collision? If so, then again not a problem.

What you need to do is talk to the insurers and see what they say. It is all very well asking the question here, but each insurer is different and they will all have their own views.

Even if the MOT had expired prior to the collision it does not necessarily affect your cover because the insurers have to prove that the lack of an MOT (in the same way they have to look at modifications) contributed to the cause of a crash.

Where a lack of MOT does have a bearing is where it is considered a total loss and the write off value is going to be less without an MOT than an identical vehicle with a current MOT.

Speak to your insurers. Be upfront and honest and be guided by them.

[Fellowscot]

Hello.

Thank you, to others that have taken the time to read and reply to my posts.

The bollards is ours. Installed by us. So yes.

I have not spoken to the insurance company yet. I will be doing this very soon.

As with insurance companies, I had been paying for house insurance (over 20 years) never claimed. Car insurance , well over 20 years. only claimed for windscreen.. Have over 5 years NCB.

Just worried that we can't get this car fixed and sold. For the insurance company to turn round and say. 'it was your fault, you could've prevented this, you have to pay for it', The car is worth a small price and the sale of it would mean a lot to me and the ex-wife.

Talking to a friend that works in insurance, they will find a way not to help. Dread of paying so much insurance for this car, I will have to spend a great deal of money just to fix it.

My apologies again, to everyone if my post is confusing to others reading.

I understand from you all, that you are giving helpful advice. I appreciate it.

I will update on the insurance company findings.

Thank you

[Mark07]

@Fellowscot I'm sorry things are tough at the moment, but I'm glad that the community has been able to help.

Please do come back and let us know how you get on, your info may help someone in a similar situation in the future.

Of course, we're always here to help and support with any motoring questions you may have in the future.

All the best.