Should my son have told his insurers about a minor accident?

My 19 year old son was driven into by an elderly lady who drifted across at the traffic lights. He was stationary waiting to turn right and she was travelling at about 5-10mph. He had only been with his insurance company for 5 days and the damage to his car is a very small nearside dent estimated at £140 to repair. He told the lady he wouldn't claim off her insurance as he was worried that it could end up being knock for knock and he would end up paying more for his insurance on renewal or they could even write his car off as he only paid £500 for it. She agreed. Even if he had successfully claimed off her insurance I understand his premium would be increased anyway. He is now worried she may change her mind and claim against him for an accident he hasn't reported which may make it look like he was responsible. They exchanged names and phone numbers but not insurance details. Should he have involved his insurers anyway?

Asked on 30 May 2017 by Nigel Malyan

Answered by Tim Kelly
Unfortunately, you do have to make your insurer aware of any incidents where a claim may be made against them. You have up to 6 months to make your insurer aware of any claim being made against them. What I would do is contact the lady, and enter into a contract where she states in writing that she is wholly liable for the incident but understands that your son has waived his rights to claim from her on the premise that BOTH parties have agreed not to take any action, and to treat it as if the incident never occurred. This then means that as long as no claim is being made by either party, and you have this in writing as an agreement, the insurer has no liability or insurable interest. As such they then do not need to be aware.
Please note this is my personal opinion, and not that of

You may find insurer's disagree with my comments and it is recommended that you seek professional legal council on this. Insurer's may advise they refuse to insure you if you do not make them aware of any incident you have been involved in. This is only because they are scared of having claims being made against them and because they advise they were not fully aware of the risk in insuring you if you have not made them aware of any incidents. On providing the written statement you now have from the older lady, each insurer may provide a different response.
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