Someone reversed into me
Discussion
Over a month ago someone started his car in reverse and shunted my Tuscan S about 2 minutes after I'd parked while I was still sat in the car (engine off, handbrake on, in gear as it was on a hill). There was quite a lurch but I was fine. It was dark and the car was a bit dirty, so I couldn't see the damage clearly, but I got the other driver's name, address and registration. Fortunately this happened right outside his house so I know the address was genuine.
I then cleaned up the car and found that there's a load of heavy scuffing all along the back of the car where his bumper rubbed against the paint, and there's a hairline crack in the paint just beneath the spoiler. Very annoying.
I contacted the other driver and he said he wanted to take care of it without involving his insurance. I sent him a couple of photos of the damage and have given him opportunity to view car himself.
TVR have quoted me approx 350 quid to sort it, but since asking him to pay up the other driver is now unavailable and has stopped responding to emails. The other driver is not a scrote - has decent house, car, family so I'm sure he can afford to pay up (if forced).
As luck would have it I'd only picked it up from the garage a couple of hours before the damage happened, so have a witness to say it was perfect. I also dropped it off at another garage three days later (it's a TVR).
I don't want to involve my insurance company as they will count it as making a claim and simply recover their costs with increased premiums over the next 10 years etc. Insurance in this country is a scam.
My questions are:
1. How do I go about finding out his insurance company in order to make a claim.
2. What do you think my chances are of getting this sorted out?
3. Er... any advice on what to do next?
I then cleaned up the car and found that there's a load of heavy scuffing all along the back of the car where his bumper rubbed against the paint, and there's a hairline crack in the paint just beneath the spoiler. Very annoying.
I contacted the other driver and he said he wanted to take care of it without involving his insurance. I sent him a couple of photos of the damage and have given him opportunity to view car himself.
TVR have quoted me approx 350 quid to sort it, but since asking him to pay up the other driver is now unavailable and has stopped responding to emails. The other driver is not a scrote - has decent house, car, family so I'm sure he can afford to pay up (if forced).
As luck would have it I'd only picked it up from the garage a couple of hours before the damage happened, so have a witness to say it was perfect. I also dropped it off at another garage three days later (it's a TVR).
I don't want to involve my insurance company as they will count it as making a claim and simply recover their costs with increased premiums over the next 10 years etc. Insurance in this country is a scam.
My questions are:
1. How do I go about finding out his insurance company in order to make a claim.
2. What do you think my chances are of getting this sorted out?
3. Er... any advice on what to do next?
Small claim? Fill in the form yourself, £50 (ish, haven't checked for ages) court fee, easy-peasy.
You could write him a letter first to warn him that you will bring a small claim if he doesn't respond within, say, 14 days.
Alternatively - do you have legal expenses cover on your car insurance? If so, use that; get them to pursue him.
You could write him a letter first to warn him that you will bring a small claim if he doesn't respond within, say, 14 days.
Alternatively - do you have legal expenses cover on your car insurance? If so, use that; get them to pursue him.
Don't give up hope just yet!
I had a small scrape on the 2nd Feb - In High Wycombe, stopped in a traffic jam, there was a filter lane to my right and an elderly lady driving a Nissan Micra just clipped my wheel arch as she tried to position herself in the filter lane.
Result was a scrape to my bumper and to the metal work on the wheel arch. She wanted to deal with this outside of the insurers which was fine by me (although I was a little suspicious), but I had a disposable camera in the car, and snapped away at the damage and got her photo (without her knowing).
I got 3 quotes Honda Approved - £675!!, Local independant £350, and Chips Away £188. She agreed to the ChipsAway quote, and having used Nigel before, I am happy that he can get it back to A1 condition.
Some more faffing around for 3 weeks with limited contact and I was getting edgy, but I kept all communications straight down the middle, no raised voices, no swearing etc, and I recieved a cheque on Friday and it cleared in the account today.
So there are some people who can accept they are in the wrong out there, I hope you can work it out as well.
I had a small scrape on the 2nd Feb - In High Wycombe, stopped in a traffic jam, there was a filter lane to my right and an elderly lady driving a Nissan Micra just clipped my wheel arch as she tried to position herself in the filter lane.
Result was a scrape to my bumper and to the metal work on the wheel arch. She wanted to deal with this outside of the insurers which was fine by me (although I was a little suspicious), but I had a disposable camera in the car, and snapped away at the damage and got her photo (without her knowing).
I got 3 quotes Honda Approved - £675!!, Local independant £350, and Chips Away £188. She agreed to the ChipsAway quote, and having used Nigel before, I am happy that he can get it back to A1 condition.
Some more faffing around for 3 weeks with limited contact and I was getting edgy, but I kept all communications straight down the middle, no raised voices, no swearing etc, and I recieved a cheque on Friday and it cleared in the account today.
So there are some people who can accept they are in the wrong out there, I hope you can work it out as well.
KITT said:
Go through your insurance company. If it's not your fault, your premium shouldn't change.
Fraid notA claim is a claim regardless of fault in the eyes of the insurers. Only difference being that you won't loose your no claims if the other party is to blame.
Are you absolutely certain on that. It doesn't tie in with my experience. I had two no fault claims within the space of a year. No significant change to my premium.
Also I'm pretty sure that if you go to one of these on-line insurance sales sites (eg. directline) and play around with the parameters, you'll find it makes no difference.
Yep, claim on your insurance, let them deal with it all. They will recover all costs from the other insurancwe company, so you wont be out of pocket.
This wont affect your insurance really, as you are not claiming on your policy. However claims can affect premiums, but you have to have had a few.
You cannot claim on your legal expenses on your motor policy, unless you make a claim.
This wont affect your insurance really, as you are not claiming on your policy. However claims can affect premiums, but you have to have had a few.
You cannot claim on your legal expenses on your motor policy, unless you make a claim.
jap-car said:
KITT said:
jap-car said:
Go through your insurance company. If it's not your fault, your premium shouldn't change.
Fraid not
Are you absolutely certain on that. It doesn't tie in with my experience. I had two no fault claims within the space of a year. No significant change to my premium.
Also I'm pretty sure that if you go to one of these on-line insurance sales sites (eg. directline) and play around with the parameters, you'll find it makes no difference.
I had my S driven in to causing £300 worth of damage to the paintwork. I informed my insurance company for 'notification purposes only' as no claim was made. The guilty party paid up no problem. My insurance company then doubled my premium! Yep - doubled!!!
>> Edited by page3 on Tuesday 8th March 16:07
Thanks to everyone for the suggestions. Looks like I'm going down the route of:
1. Ask nicely one more time
2. Letter notifying of intention to take him to small claims court (I seem to remember that you're required to give the other party some sort of formal notice - is this correct and if so what should it say etc?)
3. Court if neccessary.
I'll let you know how it goes.
1. Ask nicely one more time
2. Letter notifying of intention to take him to small claims court (I seem to remember that you're required to give the other party some sort of formal notice - is this correct and if so what should it say etc?)
3. Court if neccessary.
I'll let you know how it goes.
I haven't litigated for a while, so am not aware of the new pre-action protocols but for a small claim where you're not taking any proper legal advice, a simple letter as follows would suffice:
"You bumped my car, the repair cost is £xxx, I haven't heard from you, I intend to get the repair work carried out and if I don't hear from you with payment within 14 days then I will seek recourse in the small claims court".
That's not intended to be used verbatim; you might want to flesh it out a bit and split it into sentences!
"You bumped my car, the repair cost is £xxx, I haven't heard from you, I intend to get the repair work carried out and if I don't hear from you with payment within 14 days then I will seek recourse in the small claims court".
That's not intended to be used verbatim; you might want to flesh it out a bit and split it into sentences!
You need to advise your insurer of the bump, regardless of whether or not you are planning to make a claim. You can fill in the accident form and at the same time advise them that it is for information only as you are chasing the other driver yourself. I did this when I had a bike accident a few years ago.
My bike had £3,500 worth of damage but I didn't want to have to find my £500 excess up front so I got the other driver's insurance company to pay the repairer directly. Of course, this all depends on you finding out who the insurer is
My bike had £3,500 worth of damage but I didn't want to have to find my £500 excess up front so I got the other driver's insurance company to pay the repairer directly. Of course, this all depends on you finding out who the insurer is
parrot of doom said:
Do you have any correspondence from him admitting liability?
Well I finally got a reply (by email) from the Other Driver and his response was to quibble over the cost of the repair (but not his responsibility). To me that implies acceptance of liability, but I'm not sure whether it would stand up in court. He wasn't interested in my details at the time, as it was blatantly his fault - I wonder if the fact that he hasn't got my address, for example, would be relevant.
He still hasn't told me the name of his insurance company however - apparently he can't remember and needs to find the documentation.
Couple more days and I go down the Small Claims route I think. Had enough of this.
An update for anyone who's interested, in case they end up in the same situation:
I told the guy the cost of the repair and he offered to pay half of it (bloody cheek!). I insisted on the full amount and didn't hear back.
Next I wrote to him threatening to take him to court if he didn't pay up or give me his insurance details. Thanks again to those who mailed me on this, as it worked and he gave me the insurance details (1 day before the deadline).
The next stage is dealing with the insurance company. I've spoken to them on the phone, and faxed them a copy of the quote for the damage. However, they haven't replied and the person dealing with the claim is always engaged.
The only good thing is that being a TVR the car is off the road having the engine rebuilt, so at least I don't have to look at the damage every day.
I told the guy the cost of the repair and he offered to pay half of it (bloody cheek!). I insisted on the full amount and didn't hear back.
Next I wrote to him threatening to take him to court if he didn't pay up or give me his insurance details. Thanks again to those who mailed me on this, as it worked and he gave me the insurance details (1 day before the deadline).
The next stage is dealing with the insurance company. I've spoken to them on the phone, and faxed them a copy of the quote for the damage. However, they haven't replied and the person dealing with the claim is always engaged.
The only good thing is that being a TVR the car is off the road having the engine rebuilt, so at least I don't have to look at the damage every day.
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