Quick minor accident question - process

[funkyrobot]

My fiancee's vehicle was hit about an hour ago by another person in their vehicle. She had her door open in a car park, was loading up the car and a young girl whalloped the door and bent it back. Apparently, it shuts ok, it's just creased something on the door and caused minor damage.

My fiancee exchanged details (name, number, insurance company) at the scene and the other young lady departed.

So, are the next steps the following:

1. Contact lady later after work and discuss whether she wants to take the repair through her insurance or not.
2. If not, get a quote and send said quote to young lady. If yes, contact her insurer and report the incident, then contact my fiancee's insurer and let them know of the incident.
3. Await insurance process or book car in to bodyshop and bill young lady.

It's only a minor collision, but it has left damage. Do the above steps seem ok?

Thanks.

[funkyrobot]

Also, when can we put the whiplash claim in? I'll need to put in one too as I was in the car at the time.

[funkyrobot]

singlecoil said:

Was the girl in question good looking? Did she seem amenable to making restitution without necessarily involving her insurance company

Don't know as wasn't at the scene. Shame

I'll chat about it with my fiancee when I get home later. Would have been good if she got photos, but she wouldn't have thought to do that. She has number plate, name and phone number though. And the place where the accident happened should have CCTV. Will need to act on that fast though if it's needed.

[funkyrobot]

Have notified our insurer. Also contacted the young girl who didn't really sound bothered and wants it to go through the insurer.

We will be contacting her insurer tomorrow.

Alarmingly, our insurer reckons it will be a 50/50. Hmmm, so my fiancee's car is parked up, someone hits it and it is partly her fault? Apparently, she shouldn't have left her door open. How the hell is she supposed to unload her vehicle with closed doors?

[funkyrobot]

Vipers said:

funkyrobot said:

Have notified our insurer. Also contacted the young girl who didn't really sound bothered and wants it to go through the insurer.

We will be contacting her insurer tomorrow.

Alarmingly, our insurer reckons it will be a 50/50. Hmmm, so my fiancee's car is parked up, someone hits it and it is partly her fault? Apparently, she shouldn't have left her door open. How the hell is she supposed to unload her vehicle with closed doors?

Change insurances after they pay out.

They aren't my insurer.

We'll see what the girl's insurer says. Anyone think that this should be 50/50? I don't

[funkyrobot]

LoonR1 said:

All depends on circumstances. If what you've posted is accurate then it's a 100% non fault claim.

Thanks Loon.

Full story is this (complete detail):

My fiancee has an office located within a small town square. The square itself has a car park in the centre. She was in the process of unloading her vehicle with items for the office (she is a child support/project worker for a domestic violence charity and her car was full of children's toys for Christmas).

She was parked on double yellows (whoops) with her hazard lights on. This is something which all of the staff do when they are unloading (as soon as unloading is finished they move their vehicles to their allocated car park down the road). The place where she parked doesn't obstruct anything. Her offside (behind driver) door was open and she was taking items off the back seat and carrying them into the office.

Part way through the unloading process she heard a big bang, turned around and saw the young girl's vehicle pushing past her door. The girl drove past, stopped and got out of the vehicle. They had a chat and exchanged minimal details (the girl would only give car reg, insurer and mobile number). The girl didn't seem bothered and then left.

My fiancee then finished unloading (with the door now closed) and went to her car park.

When she got home I inspected the damage. The door itself shuts, but the top of the door is bent and bows out away from the door frame. I have managed to fill the gap with an old shower curtain and we will cover the car for the weekend (we are away). There is also a big crease all the way down the front portion of the door. It's a bit of a mess.

We then rang the girl up. She didn't sound bothered and said take it through the insurance company. We rang my fiancee's company and the rest is explained above. They have it down as a noted incident, but have told us to contact the girl's insurance company today (after she is supposed to have contacted them herself).

That's where we are with this now. Yes, she was on double yellow lines, but this doesn't give people free roam to crash into your vehicle.

[funkyrobot]

Nigel Worc's said:

That seems a very starnge thing for your insurance to say, I'd have a word with LoonR1 if I were you.

If somebody is parked illegaly, and you drive into them, the fact they are illegaly parked doesn't turn it into 50/50.

Thanks.

[funkyrobot]

LoonR1 said:

Double yellows doesn't really matter. Leaving the car unattended with the door open might be construed as contributory negligence.

Ok, thanks. We'll see what the insurance company says.

[funkyrobot]

mrmr96 said:

Why? If the other side are playing ball then there's no need to start involving your own insurer. Everything can be done via their insurer.

You have to notify your insurer of any incident, don't you?

I've told them to put it down as notification only for now anyway.

[funkyrobot]

Update for you all

Fiancee called girl's insurers on Saturday morning to report incident. Was informed that (surprise, surprise) the girl hadn't contacted her insurer at all. Was left with them to pursue and will see what they say.

In the meantime, my fiancee's insurer legal company (Albany, ho ho!) have been trying to contact her. They would like to speak to her about her 'road traffic accident'. I've told her to let them know that at this point in time, we are pursuing this through the girl's insurer.

Don't know how this one will pan out really. Bit annoying that whilst this communication tennis is going on, my fiancee still has a knackered car door.

[funkyrobot]

mrmr96 said:

No, you don't have to tell them at the time of the incident. It might be covered by a question when you come to renew. However a straightforward insurance claim can be handled by the insurer of the person responsible only.

A classic case being a bump in an office car park, e.g. a man hits a womans' parked car. The man will inform his insurer of the claim and will get a phone number and claim reference number to give to the woman. She can then call the mans insurer with the details provided and then arrange the repair at a garage of her choosing. If the insurer has an agreement in place with that garage then they can arrange to pay them directly. So the lady will drop off her car, probably get a courtesy car from the garage or the mans insurer, and then collect her repaired car when it's ready. Very simple in my experience.

ETA - this only applies if the other side is playing ball. If they're not then you can instruct your own insurer, or indeed an accident management co to provide legal assistance in persuing the other parties insurer.

The other side don't seem to be playing ball with this one. Is it worth instructing my fiancee's insuerer's legal company to start pursuing this? Thanks.

[funkyrobot]

LoonR1 said:

funkyrobot said:

The other side don't seem to be playing ball with this one. Is it worth instructing my fiancee's insuerer's legal company to start pursuing this? Thanks.

After a week? Be serious.

So you think she will play ball then? I think you are far too trusting

The girl told my fiancee she would contact her insurer on Friday morning. She didn't. She also didn't seem at all bothered that she had hit my fiancee's car at the scene. Maybe I don't trust people enough.