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Thread: Help road accident

  1. #1

    Help road accident

    Hello all

    Can any of you offer some advice? My wife picked up my daughter from school and the road outside the school is quite busy, parked cars either side of the road so only space for one vehicle to pass.
    A car passes her and has to stop due to other cars blocking his way in a bit of a stalemate, my wife indicates looks over her shoulder (its clear) and very slowly as its a school area begins to pull out. The guy who had just passed her sticks his car in reverse and reverses into the front right hand wing, the damage is minimal scratch and a dent to both vehicles.
    I called him to say clearly he reversed into her and would he like to just pay to get my car sorted out by dent master etc to avoid insurance claims he said he couldn't afford to do this and also he claims he didn't reverse she pulled out on him whilst he was stationary. My wife has a couple of witnesses, he drove off after asking a couple of people to be witnesses but they refused
    My question is, is this clear cut for an insurance claim or not?

    It's my insurance and I'm concerned about premiums increasing next year.


  2. #2
    Hi seeker
    I had a smash this time last year. A guy pulled out on me while I was already on a roundabout but they had the cheek to say it wasnt their fault. Trouble is the insurance company's are happy to let it go 50/50 seen as they all eat from the same trough. Fortunately I had a witness which made things simple. You should be fine if your wife has a couple of witnesses.

  3. #3
    It is certainly not clear cut and sadly you do not have a leg to stand on it will go down as bump for bump . The witnesses that your wife has are what is important and must come forward if asked to. She would need names registrations etc. .

  4. #4
    If the damage is only minimal, do nothing... don't even notify your insurance company as it will go down as a claim, even if you don't proceed with it.
    "It's halfway down the hill, directly below that tree next to a rock that looks like a bell-end"

    Good deals with ~ deako ~ sakowsm ~ dryan ~ 2734neil ~ mo ~ riggers ~ mmbeatle ~ seanct ~ an du ru fox

  5. #5
    Quote Originally Posted by Si View Post
    If the damage is only minimal, do nothing... don't even notify your insurance company as it will go down as a claim, even if you don't proceed with it.
    As above I tried this route on Friday but this morning had a call from his insurance company to see if I needed my vehicle recovering following my accident (i thanked them and said not for a dented bumper) so foolishly he's forced the situation, I'm surprised as he's only a young lad but that's what experience brings I suppose. If they do find in our favour I dread to think how much his insurance will be....

    When I called my insurance company and told them I would have preffered to sort it out without the help of the insurance company they told me it is a legal obligation to inform your insurance company of ANY accident wether you are claiming or not and failing to do so is an offence. You learn somthing new everyday.
    Last edited by The Seeker; 10-12-2011 at 15:03.

  6. #6
    Doesn't sound clear cut at all and you could probably both argue till your blue in the face. The insurance companies will probably take the easy route which in this case is bump for bump. But I'd go as far in saying that you are probably the one that'll have to foot the bill if it does go one way or another.

    When my other half decided to remodel my LR in June I was automatically at fault, when the insurance companies told me this they gave me the usual FAQ's. One of the answers was that if you drove your car into the back of another you were automatically at fault. Obviously there must be excemptions to this rule like in your case he was reversing, but she was going forwards. I'd try to avoid the insurance co if it's just a scratch and make a deal with him to forget about the whole thing. Especially the repair likely to be around about the level of your excess?

  7. #7
    I had someone reverse into my car ten years ago, my car was prked up at the house I was lodging at and another tenant reversed into it on the drive. Her father wanted to go through a local garage but I was unsure and in the end we went through the insurance. . A few months later my insurance went up as they said it didnt matter if she hit me as I was a risk......thing is I was on 270 miles away when the accident occured , now work that one out. I wouldnt inform your insurance they are just legalised sharks.

  8. #8
    Quote Originally Posted by chickenman View Post
    .......they are just legalised sharks......

  9. #9
    I used to deal with matters like this day in and out before i went on sick leave. And i'm not an insurer, but a lawyer who worked for them. Some are good, some are bad and most are ok, a bit like most institutions - it also depends on the person handling your claim. You ARE obliged to notify your insurance. Failure to do so could void your policy and they could avoid payment of any subsequent accident you have.

    If your wife has two other witnesses then provide their names to his ins co. That should swing it for you if they are prepared to confirm your wife's version of events. If they're not and the other party continues to argue then the ins co's may agree knock for knock. The problem is in Civil Law the burden of prove is on the "balance of probabilities" ie what is more likely to have happened. As stated above it is more likely that the person driving into the rear of another car will have caused the accident - because, logically, that is what is most likely to have happened. However if there is evidence to show that he didnt, then the court will find the driver infront at fault.

    If the ins co want to settle the case you can take it to the Small Claims Court on your own to recover your losses. If you are sucessful the ins co should reinstate your NCB and accept that you were not at fault. The reason premiums increase after an accident is that liability may not have been decided before the renewal and then it is treated as a fault accident until it is accepted who caused the acciedent - you should then receive a refund of increased payments if not your fault

    Take photos of the damage so that it can be seen where the collision occured. Perhaos the damage is such that it couldnt have been cause by your wife driving into his car, but must have been caused by him reversing ?

    If you want any more advice feel free to pm me because it'd be easier to talk it over than try to cover all eventualities in a message


    Having read your thread again it would appear to me that they are accepting that it was their drivers fault if his insurers rang to offer to recover your vehicle - did you discuss who's fault it was with them ?



  10. #10
    Scrun much appreciated I will pm you

    Maybe I'd didn't explain the situation clearly, she was parked on the left hand side of the road facing up hill he went past her going down hill as she went to set off to go uphill he reversed backwards (he was still facing downhill) hitting her front right hand wing. She didn't hit him from behind they were facing opposite directions.

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