Eglu Cube Green

[donald]

OH started reversing out of a space but realised another driver had not seen him who was about to reverse. He stopped and the other driver still didnt see him and hit our car.

 

He needs a new bumper with no damage to the other drivers car. The other driver verbally apologised said they didnt see OH and was sorry etc etc & that their father always said they would have an accident in a car park. Now the other driver has denied this and said they were both moving.

 

The insurance company are saying its a 50/50 accident and that as its a car park and she was moving she has right of way. Despite it was my OH that was originally reversing, she came out of her space afterwards.

 

He can try to get the CCTV via the police but has been told car parks have different rules.We think the insurance is trying to fob us off.

 

So annoying any advice or do we just accept it. He needs a new VW bumper £500+ excess

 

Any advice on what we can do or just accept thank you donald

[Egluntyne]

I think these things are usually dealt with on a knock for knock basis. It might be cheaper for you to replace the bumper without going through your insurance.

[donald]

Thank you thats what he is saying but its so annoying when someone admits they hadnt seen him there! And suddenly changes their stories. I think people should just tell the truth every time. Its as if we are encouraged to lie to save the insurance companies money not what really happened.

 

I cant abide it when people arent decent. I had a similar situation a couple of years back when another driver admitted etc and I then battled & pestered the insurance company to get my excess back from the other driver, I think the insurance company wanted to keep the excess and didnt want to spend any time on my accident. I did get it back.

 

sorry to rant but I am cross as I think the other driver has back tracked now donald

[Rhapsody]

Wow this exact thing happened to me about 3 years ago- some idiot bloke ON THE PHONE backed out his giant 4X4 into me as I frantically beeped my horn and tried to get out of his way. He apologised but then I had my insurance on the phone asking me to accept 50/50 for about 6 months and they tried to put my premium up

Basically, unless you drive around with a travelling circus of Independant Witnesses your insurance company won't stand by you and will try to use this as a reason to put your premium up. I never park in the aisles of the car park anymore, I use the spaces furthest away from the doors where it is a single row.

Stick by your guns, you were not at fault and they cant prove that you were.

[Cinnamon]

Same thing happened to me too, well almost.

This daft old bat reversed out,straight into the side of my car which was stopped in traffic behind her,waiting to exit the car park.

 

Happily I had 4 independent witnesses

 

It is frustrating,but without a witness,you may have a fight on your hands to prove blame.

[winterwren]

The same thing happened to me when I was younger. The insurance people were saying it was my fault and as the other driver was a middle aged lady and I was in my late teens you could just tell they thought I was lying. So I sat down and drew a comprehensive sketch of the accident showing both cars and which ways they were moving. It didnt completely work but they then decided it was 50/50 which was better than being lumbered with all the blame. I think If I had no done the sketch then they would have blamed me completely so it might be worth a try, good luck x

[Olly]

I'm inclined to agree with Egluntyne. There's a moral issue here, and you and OH know who was in the wrong, but in legal terms it is going to be very difficult to prove and cost more than the cost of a new bumper -that's probably why your insurers want to go 50/50.

 

In my view the stress, frustration and energy needed to pursue your claim is not worth it. Perhaps you can get a cheaper repair, my garage always quotes two prices - one for insurance work, and one for non-insurance and there's a big difference.

[donald]

Yes its the principal, my OH just accepts this is how it is but his friend reckons a brand new bumper will be £150 + fitting it. The garage the insurance company sent him to wants £500+ to mend it and said perhaps it is more damaged underneath(but OH says they are just trying to get more work). It all just seems a bit scheme to get more ££ for nothing.

 

I have been really good in the past and got out and insisted people take my number if I have ever witnessed an incident etc..dont I sound such a do gooder!

 

Thanks for the repsonses I will try not to stew anymore!

 

Donald

[The Dogmother]

I totally agree with the principal Donald, and had a similar thing happen to me a few years ago. My insurance company insisted on settling 50/50 despite me arguing with this .... yes, the can go against your wishes and do whatever they like! I was advised by a barrister at work and made sure that my insurers added to my records, a statement from me stating that in no way did I agree that it was 50/50 and that I strongly contested it. This would hold me in good stead if I ever moved my insurance company.

 

My premiums went up nonetheless; I was furious after 30 years of blameless driving and no claims against me. The 'moral' is that you can argue all you like, but the insurers will just go ahead and do what they jolly well want.

[Aunty e]

Oh poor you We're having similar issues at the moment. In January OH skidded on ice, and hit someone else in the back and was then hit from behind. This wrote off our car (for which we got just under £200 after the excess for a car that cost £3K four years before, grrr), and our insurance paid out to the car in front, but not to the car behind. They sent OH a civil claim form in July, saying that it was his fault they hit him and giving a court date. Of course we went straight back to our insurance company and asked them what on earth was going on, and they're now sorting it out properly, although as they have denied liability, it's going to court and OH has to give a statement this week about an accident which happened over six months ago. Sigh.

 

In June I ran into the back of someone in a traffic jam. They stopped suddenly, but I was too close, it was my fault, but as the only damage was to my license plate, I thought it would be ok. Oh no. They've claimed that I damaged their car, and that all three of them have whiplash, even though none of them has been to a doctor or sought any medical treatment. Literally a week later I got the claim forms through from their no win no fee lawyers. Apparently, although I seriously injured their child, they thought it was more important to take him to see a claims lawyer than a doctor. I went on holiday the next day and it ruined the whole week, I just spent the whole time crying myself to sleep at the thought of how huge my insurance premiums were going to be and whether or not we could still afford to run the car. Still haven't heard any more, but it's honestly been a truly horrible experience, and I know they'll be thinking to themselves that it's just free money, but it's going to cost me a fortune and it's upset me terribly. My insurance company says there's no chance of fighting it off, you just have to accept it so I'm trying to take it as one of thos things, but it's so hard.

 

Sorry, rant over, but I don't understand why other people can't be honest.

[chickric]

 

In June I ran into the back of someone in a traffic jam. They stopped suddenly, but I was too close, it was my fault, but as the only damage was to my license plate, I thought it would be ok. Oh no. They've claimed that I damaged their car, and that all three of them have whiplash, even though none of them has been to a doctor or sought any medical treatment. Literally a week later I got the claim forms through from their no win no fee lawyers. Apparently, although I seriously injured their child, they thought it was more important to take him to see a claims lawyer than a doctor. I went on holiday the next day and it ruined the whole week, I just spent the whole time crying myself to sleep at the thought of how huge my insurance premiums were going to be and whether or not we could still afford to run the car. Still haven't heard any more, but it's honestly been a truly horrible experience, and I know they'll be thinking to themselves that it's just free money, but it's going to cost me a fortune and it's upset me terribly. My insurance company says there's no chance of fighting it off, you just have to accept it so I'm trying to take it as one of thos things, but it's so hard.

 

Sounds a bit dodgy to me, there is a lot in the news lately about scams, have you asked your insurance company to investigate? more info here

[The Dogmother]

My similar event was when I was broadsided by a cab driver (as happened around here) the allegations were almost identical (as they usually are). The insurance company started off investigating it after I did some research into similar events caused by cab drivers in the area. This, however went by the wayside.

 

Longstoryshort.... he and his 4 male passengers dropped the spurious whiplash claims but my insurance company still insisted on settling 50/50... this is 'normal policy' when the dispute drags on beyond a certain time.

 

I wouldn't mind, but it wasn't his car and had already been written off once!!!

 

.... and they wonder why people don't bother with insurance!

[donald]

Oh now I think that OH accident is trivial, but it annoys me that we are to be out of pocket when we havent done something wrong..funny the driver told him they didnt see him and now via the insurance company apparently they said he was moving!! (hang on they said they didnt see him)! urghh

 

Oh if someone is injured in an accident I thought you had to ring the police??? So I would be suspicious that this is scam, people that lie shouldnt be able to get insurance or be allowed behind the wheel.Also they would have to report their injuries to a doctor too. Sounds dodgy.

 

To cheer him up I just bought him a Kindle 3.........seeing as I just got myself one Donald

[Guest]

 

Oh if someone is injured in an accident I thought you had to ring the police??? So I would be suspicious that this is scam, people that lie shouldnt be able to get insurance or be allowed behind the wheel.Also they would have to report their injuries to a doctor too. Sounds dodgy.

 

To cheer him up I just bought him a Kindle 3.........seeing as I just got myself one Donald

 

And a fat lot of good the police can be. My dad had his car written off one Christmas morning by a guy who was speeding and lost it on a bend. Thankfully "Ooops, word censored!"ody was injured, not even the third bloke who was getting something out of his car and standing in the road(speeding driver narrowly misses him) dad called the police who took all details but said there was little they could do speeding car ws later reported stolen! poli e said nothing they could do, even though they had spoken to the driver at the scene.

 

Well done o. Thecheer up kindle!

[donald]

Ok

 

Next thing the other driver is trying to blame OH now 100%.Cheeky. So we are going to try to get a CCTV recording if it exists, but although we understand we can request it of my OH under data protection etc. Does anyone know if it affects the whole thing as obviously the other driver will be in the video??

 

We think an individual can request but as this involves another driver do we need their permission too?

 

I assume if they decline to agree to have the CCTV viewed to prove their role in the accident it could show they have told some porkies

 

Its ridiculous as we teach every child etc to tell the truth then you have an accident and people are encouraged not to be honest. Crazy country we live in!

 

If we can get the CCTV as their were cameras and the security guard advised OH that he may be able to get a copy? we are clutching at straws and hope, fingers crossed.

 

Anyone know thanks Donald.

[cathybc]

I worked at a solicitors for a while; stick to your guns and try to get CCTV or whatever you can to back up your story. But from my experience, it will probably go 50/50. Incredibly annoying I know, I had an accident a few years ago where the witnesses colluded and I got 100% blame when a van had run into the back of me! GRRRR.

[donald]

Apparently the other driver is claiming their car was really badly damaged but my OH took photos showing his damage and a few light scratches onthe other drivers car that he reckons T cut will get rid of. They are good pictures he took of both vehicles. We are trying to get the CCTV now. It is so obvious they are trying it on as their story seems to be changing. It is not consistent at all. Unfortunately he had to help them move their car to exchange details as they started blocking the road up.

 

I find it hard to believe that driving law is different in car parks. I never realised they seem to have laws of their own.

 

We are not giving up at all, fortunately his car is driveable but it just means he has a big dent in his bumper!

 

thanks for the responses Donald

[Old Speckled Hen]

 

I find it hard to believe that driving law is different in car parks. I never realised they seem to have laws of their own.

 

 

I wasn't aware of this either, and I was informed by Cumbria Police that normal driving laws apply in car parks.

Last year I was taking my mother shopping while she was staying with me and after parking her full trolley at the rear of the car she took her eyes off it and it rolled into a neighbouring car while I was fiddling about with the back seats. I knew nothing about this until a VERY BIG police car drew up in my drive some hours later with a very rude woman police officer demanding to talk to my mother.

Apparently somebody had seen the incident and reported my car registration.

 

Now my mother is 86 and a bid doddery but she assured me there was no damage to the car so she didn't tell me about it. I refused to let this officer fluster my mother and said I'd sort it with the owner of the other vehicle.

 

Amazingly this vehicle was supposed to have suffered £ 1000 of damage. The other party got quite hostile with me demanding my mother's insurance cover it or they would take her to court,while she was adamant she would rather be gripping the dock than pay. As she had no "old lady trolley insurance" ( she doesn't drive) they eventually dropped it.