Accident - Repairs Needed

[Deletedmember130310]

You might give your permission for your insurer to share information with others , but you DO NOT and CANNOT extend that to giving third party insurers carte Blanche to use your personal data in a manner which may be detrimental to you .

This is a blatant breach of GDPR ( hurrah for being a member of the EU ) and just itching to be taken to ECHR .

As I stated before , insurance claims are against a person, and we all still have the right to decide whether we wish to deal with it ourselves, or involve insurers .

Allowing them to capitulate and settle a claim without our knowledge is very dangerous.

Such matters are exactly why the unfair contracts act was drawn up .

What would you do in the following scenario: you witness another vehicle damaging your car, (it doesn't matter whether whether you are moving or stationary / parked) but the driver leave the scene without stopping. You make a note of the vehicle registration....how do you trace the registered keeper of the other vehicle to make a claim??

 

[219]

What would you do in the following scenario: you witness another vehicle damaging your car, (it doesn't matter whether whether you are moving or stationary / parked) but the driver leave the scene without stopping. You make a note of the vehicle registration....how do you trace the registered keeper of the other vehicle to make a claim??

Via either police or DVLA : there is a mechanism for that , requiring evidence as to why the information is required - nothing to do with insurance - the whole point of registration numbers is that vehicles can be traced .

One commercial company divulging confidential information to another without permission is quite a different matter - and illegal .

 

[219]

That's not what was said. The insurers will share claim and accident data. The OP's insurers will be aware he has been allegedly involved in an accident but hasn't informed them. That's in breach of the contract condition and they may refuse a future claim or, if again not disclosed at renewal, cover. Once refused cover it may become very difficult and/or expensive to get cover with any other insurers.

Perhaps not what was said , but it IS what happens in practice - one insurer , on the word of their insured party , will contact the insurer of a third party , who may well go on to settle a claim before even checking what their insured party has to say about it .

Entirely wrong and bad practice .

 

[Deletedmember130310]

I didn't realise when signing a V5 I gave consent to share my details with private individuals...

Last time I checked, GDPR was to protect against unnecessary and unauthorised holding or sharing of personal data - it does not outlaw it as an absolute

All the insurance forms I have seen and signed state that my data will be shared with other 3rd parties, including the MIB database


Enjoy your test case !

 

[Deletedmember130310]

.... one insurer , on the word of their insured party , will contact the insurer of a third party , who may well go on to settle a claim before even checking what their insured party has to say about it .

Entirely wrong and bad practice .

Argh - is that supposition or evidenced based?

I have never heard of such a case - your insurer is duty bound to check the facts with the policy holder, not pay out on some spurious claim..

I would be interested to see details of such cases.

 

[219]

There have been reported cases of just that happening .

I experienced it , to a minor degree , a few years back when this woman ran into the back of me at a set of traffic lights , at which I stopped because they had gone to red .

It was a minor bump , no damage visible to either vehicle , bar she had a cracked front number plate , which I said to her , since the bump was her fault , I would leave her to get fixed herself .

No details were exchanged and I never thought any more about it , until a few weeks later I got a letter from my own insurer headed 'your motor claim' .

Turned out this woman had gone to her insurer and made some **** & bull story that I had gone through the junction on red and stopped in front of her , it was a load of rubbish which made no sense . I told my insurer what had indeed happened , they said they were on the verge of paying out as it was unopposed ; I replied that as far as I was concerned it was a non event and how dare they ; and also how dare her insurers contact THEM without contacting ME first as any claim would have been against me and not them , and it is up to me to determine how I would wish to deal with it , and whether or not I would wish to involve them at all . No argument from the insurers , a few days later , I got a telephone call to say that , upon investigation ( there was a traffic light camera ) I was blameless and as far as they were concerned the incident never happened .

I have read of others learning , at renewal time , that they had had a claim against them settled without their knowledge . it is not an insurer's place to settle claims , only to indemnify their policyholder against the cost of claims which they choose to settle .

 

[219]

I didn't realise when signing a V5 I gave consent to share my details with private individuals... !

then you've never used form V888

Request information about a vehicle or its registered keeper from DVLA

 

[Deletedmember130310]

You might give your permission for your insurer to share information with others , but you DO NOT and CANNOT extend that to giving third party insurers carte Blanche to use your personal data in a manner which may be detrimental to you .This is a blatant breach of GDPR ( hurrah for being a member of the EU ) and just itching to be taken to ECHR ..

Via either police or DVLA : there is a mechanism for that , requiring evidence as to why the information is required - nothing to do with insurance - the whole point of registration numbers is that vehicles can be traced . One commercial company divulging confidential information to another without permission is quite a different matter - and illegal .

I'm genuinely interested on your logic as you may have a valid argument - but I am struggling to follow your point

- you argue AGAINST a 3rd parties insurer raising a claim direct with your insurer (without your knowledge or permission)
- but argue FOR you claiming personal details of a 3d party via DVLA; where does DVLA have permission to give you my personal details (without my knowledge or permission)?

 

[Deletedmember130310]

There have been reported cases of just that happening .

I experienced it , to a minor degree , a few years back when this woman ran into the back of me at a set of traffic lights , at which I stopped because they had gone to red .

It was a minor bump , no damage visible to either vehicle , bar she had a cracked front number plate , which I said to her , since the bump was her fault , I would leave her to get fixed herself .

No details were exchanged and I never thought any more about it , until a few weeks later I got a letter from my own insurer headed 'your motor claim' .

Turned out this woman had gone to her insurer and made some **** & bull story that I had gone through the junction on red and stopped in front of her , it was a load of rubbish which made no sense . I told my insurer what had indeed happened , they said they were on the verge of paying out as it was unopposed ; I replied that as far as I was concerned it was a non event and how dare they ; and also how dare her insurers contact THEM without contacting ME first as any claim would have been against me and not them , and it is up to me to determine how I would wish to deal with it , and whether or not I would wish to involve them at all . No argument from the insurers , a few days later , I got a telephone call to say that , upon investigation ( there was a traffic light camera ) I was blameless and as far as they were concerned the incident never happened .

I have read of others learning , at renewal time , that they had had a claim against them settled without their knowledge . it is not an insurer's place to settle claims , only to indemnify their policyholder against the cost of claims which they choose to settle .

Arguably you were in breach of your contract with your insurer as you failed to notify them of the "accident"; they would have had reasonable grounds to refuse to cover you.
Note that obligation arises irrespective of whether a claim a raised.

Do you know declare that "accident"?

 

[219]

I'm genuinely interested on your logic as you may have a valid argument - but I am struggling to follow your point

- you argue AGAINST a 3rd parties insurer raising a claim direct with your insurer (without your knowledge or permission)
- but argue FOR you claiming personal details of a 3d party via DVLA; where does DVLA have permission to give you my personal details (without my knowledge or permission)?

The DVLA process will be to check with you before releasing our details , however it is a matter of LAW rather than contract . It has always been possible to trace someone via their number plate .

 

[219]

Arguably you were in breach of your contract with your insurer as you failed to notify them of the "accident"; they would have had reasonable grounds to refuse to cover you.
Note that obligation arises irrespective of whether a claim a raised.

Do you know declare that "accident"?

Arguably , yes . However when I explained to my insurer what actually happened , and they obtained a copy of the traffic light footage , which proved I was telling the truth , I subsequently had a visit from the police , who took a statement from me , and the officer told me that the woman was going to be charged with wasting police time as she had gone to them and told a pack of lies .

My insurer told me to forget about the incident and that 'it was as if it never happened' . I'm still with the same insurer now .

 

[Deletedmember130310]

b

The DVLA process will be to check with you before releasing our details , however it is a matter of LAW rather than contract . It has always been possible to trace someone via their number plate .

But that isn't so is it - landowners request the owners details from DVLA (to issue a charge notice) but DVLA doesn't seek the permission of the vehicle owner to release that info does it? At least, not in my experience.

Isn't contract governed by law??

 

[219]

b


But that isn't so is it - landowners request the owners details from DVLA (to issue a charge notice) but DVLA doesn't seek the permission of the vehicle owner to release that info does it? At least, not in my experience.

Isn't contract governed by law??

Parking companies and petrol stations , for example , who contact DVLA for vehicle details , will include EVIDENCE , usually video , with any such request , or at least state that they have it .

However , I would expect that " I had a note left on my windscreen in Tescos carpark that vehicle reg xxxx hit and damaged my car " would be referred to that registered keeper before telling me who it was , unless I could show that I had dash cam footage / carpark cctv footage / or a witness statement with name and address of the witness , before they would supply details .

GDPR does govern DVLA , and other government agencies as well , so they will have rules to follow as well .