Accident, other party denies. What now?!
Accident, other party denies. What now?!
Author
Discussion

CoreyDog

Original Poster:

886 posts

120 months

Thursday 1st June 2017
quotequote all
Hi all,

So go to take the dog out yesterday evening and notice this :-



Fantastic... parked in the end of a quite cul de sac with only one yellow car which I had parked next to (confirmed on dashcam footage), no note left. Looks like the little yellow Kia had reversed out, swung right to turn and clipped my rear corner. Rang Police to inform (and cover my back).

After enquiring with neighbours found which house she lived at so left a polite note asking her to contact me. Several hours later phone rings so go round to speak to her.

Denies all knowledge, claims wasn't her despite this :-



Is it just me or does it look like someone tried cleaning that up? Soon as I start taking photos she claims thats from a previous accident. After looking around her car she has damage on every corner, looks like it's a fairly regular occurrence!

I'm waiting a call from my insurers and also a call back from Police.

What are people's thoughts? Is this something I'm just best repairing myself and taking the hit? I'm seriously irritated, it's clearly her yet she denies point blank. She is fairly old so I also feel guilty for putting her through the hassle... irked

Help...

PS.

Should mention no CCTV, no witnesses just dashcam confirming I parked next to her and numerous photos of damage to both cars. I can get a statement confirming hers is only yellow car that parks regularly in that area, but sadly that's it.

Edited by CoreyDog on Thursday 1st June 08:08

Centurion07

10,395 posts

277 months

Thursday 1st June 2017
quotequote all
CoreyDog said:
Hi all,

So go to take the dog out yesterday evening and notice this :-



Fantastic... parked in the end of a quite cul de sac with only one yellow car which I had parked next to (confirmed on dashcam footage), no note left. Looks like the little yellow Kia had reversed out, swung right to turn and clipped my rear corner. Rang Police to inform (and cover my back).

After enquiring with neighbours found which house she lived at so left a polite note asking her to contact me. Several hours later phone rings so go round to speak to her.

Denies all knowledge, claims wasn't her despite this :-



Is it just me or does it look like someone tried cleaning that up? Soon as I start taking photos she claims thats from a previous accident. After looking around her car she has damage on every corner, looks like it's a fairly regular occurrence!

I'm waiting a call from my insurers and also a call back from Police.

What are people's thoughts? Is this something I'm just best repairing myself and taking the hit? I'm seriously irritated, it's clearly her yet she denies point blank. She is fairly old so I also feel guilty for putting her through the hassle... irked

Help....
Give yourself a slap for that bit in bold!

She either knows she did it in which case she deserves everything she gets or she genuinely doesn't believe it was her in which case she needs a reminder to be a bit more bloody careful. The fact her car has damage everywhere would suggest it's likely the former.

You've already contacted your insurance who will contact her insurance and the photos you've provided will determine their response.

I'm sure there have been cases where the other party's insurance have coughed up even if their driver doesn't admit liability. I may be wrong on that though.

InitialDave

15,130 posts

149 months

Thursday 1st June 2017
quotequote all
If someone evidently doesn't care about their own car, youd be doing well to get them to care about yours. Bit st, but unfortunately thats people for you.

I'm assuming you mean dash can footage from you parking, not showing it actually happening?

Any neighbours got CCTV that might have caught it?

As infuriating as it is, if she won't admit it, I suspect your best overall option cost wise may well be to pay out of pocket for a repair, or find a colour matched used bumper to swap on, depending what car it is.

Of course, if you go for the latter, and you're definitely 100% sure it was her, there's the temptation to use up the life of the current one with an especially poor attempt at getting out your space, but that would be childish and wrong.

CoreyDog

Original Poster:

886 posts

120 months

Thursday 1st June 2017
quotequote all
Centurion07 said:
Give yourself a slap for that bit in bold!

She either knows she did it in which case she deserves everything she gets or she genuinely doesn't believe it was her in which case she needs a reminder to be a bit more bloody careful. The fact her car has damage everywhere would suggest it's likely the former.

You've already contacted your insurance who will contact her insurance and the photos you've provided will determine their response.

I'm sure there have been cases where the other party's insurance have coughed up even if their driver doesn't admit liability. I may be wrong on that though.
hehe I know... just can't help feeling a touch bad, she was in quite a panic when I told her I had to ring the Police as there wasn't a note left.

I would have preferred to keep insurance out of it all together, assume I'll have to pay my excess before anything will happen and my excess is probably more than the repair cost! I've never had an accident where needed to deal with insurance, 15 years of driving I consider myself fortunate!

My wife suggests I speak to her today after she has had a night to think it over and just offer to get it repaired somewhere reasonably cheap if she will cover the cost, but based on her point blank refusal to acknowledge anything yesterday, I doubt it.

These were the other corners on her Kia:-






Edited by CoreyDog on Thursday 1st June 08:23

CoreyDog

Original Poster:

886 posts

120 months

Thursday 1st June 2017
quotequote all
InitialDave said:
If someone evidently doesn't care about their own car, youd be doing well to get them to care about yours. Bit st, but unfortunately thats people for you.

I'm assuming you mean dash can footage from you parking, not showing it actually happening?

Any neighbours got CCTV that might have caught it?

As infuriating as it is, if she won't admit it, I suspect your best overall option cost wise may well be to pay out of pocket for a repair, or find a colour matched used bumper to swap on, depending what car it is.

Of course, if you go for the latter, and you're definitely 100% sure it was her, there's the temptation to use up the life of the current one with an especially poor attempt at getting out your space, but that would be childish and wrong.
Sadly, I have to agree with you on every point! Unfortunately, can't see on that picture, she has also grazed the wheel arch and pushed the rear quarter panel in about 5mm.

I have dashcam footage showing I parked next to her at about 9.20, car then left there all day until I see the damage around 19.00. She admitted to leaving around 11 then at around 1600. No CCTV anywhere there. Think I'm screwed....

CanAm

14,037 posts

302 months

Thursday 1st June 2017
quotequote all
Just to wind her up, mention that the police are investigating a driver failing to report an accident. biggrin

Sheepshanks

41,125 posts

149 months

Thursday 1st June 2017
quotequote all
Centurion07 said:
She either knows she did it in which case she deserves everything she gets or she genuinely doesn't believe it was her in which case she needs a reminder to be a bit more bloody careful. The fact her car has damage everywhere would suggest it's likely the former.
That's pretty hefty damage to just ignore but you'd think if she realised she'd have tried to hide the car, or at least park it elsewhere.

I can well imagine my elderly FIL doing that kind of damage - he'd say "they barely touched" and be astonished at the damage. Perhaps the old girl thought the same and didn't even look at her car?

Edited by Sheepshanks on Thursday 1st June 09:09

herewego

8,814 posts

243 months

Thursday 1st June 2017
quotequote all
CanAm said:
Just to wind her up, mention that the police are investigating a driver failing to report an accident. biggrin
Yes but also inform her they're unlikely to prosecute if she reports it to them within 24 hours. Then ask her to pop round for a cup of tea after she's reported it.

Centurion07

10,395 posts

277 months

Thursday 1st June 2017
quotequote all
In which case she needs a bloody good reminder to be more careful! biggrin

Heres Johnny

8,176 posts

154 months

Thursday 1st June 2017
quotequote all
Hard to tell but the damage in her car looks much worse and over a much bigger area than the damage on your car. It probably is her, but proving it without a witness may be difficult.

QuickQuack

2,819 posts

131 months

Thursday 1st June 2017
quotequote all
Try checking your dashcam footage very carefully. You might be lucky and in a frame or two, it might've captured that the damage to her car did not exist at the time you parked next to her. It would obviously depend on the location and angle of your dashcam but worth checking.

Sheepshanks

41,125 posts

149 months

Thursday 1st June 2017
quotequote all
Heres Johnny said:
Hard to tell but the damage in her car looks much worse and over a much bigger area than the damage on your car. It probably is her, but proving it without a witness may be difficult.
I guess the line of yellow paint is quite telling.

There's damage lower down than the OP's bumper on her car - that must be off the OP's tyre.

I suppose the acid test would be to put the cars together.

Jonno02

2,262 posts

139 months

Thursday 1st June 2017
quotequote all
If she didn't feel that impact, it's time to hand over the keys.


cmaguire

3,589 posts

139 months

Thursday 1st June 2017
quotequote all
The majority of the damage on her car is nearside front, classic place for those lacking spatial awareness to contact when getting into and out of parking spaces. And it's from multiple strikes, in the op's case it looks like the raised rib (can't really call it a bumper strip) ran along his car.
It was almost certainly her.
If this was CSI then Grissom would have a paint analysis done and she'd be bang to rights.

Does she have a son or daughter visit that you could broach the subject with?

Nezquick

1,837 posts

156 months

Thursday 1st June 2017
quotequote all
You're taking this better than I would OP.

You need to keep a phrase in mind when it comes to the civil Court and how they determine liability in cases, which is "on the balance of probability".

Seeing the dashcam footage of you parking next to her, and then the extensive photos, on the balance of probability there's only one outcome in my mind and that's that she'll be found liable for this and her insurers made to pay.

If it goes through insurance, I suspect her insurers will come to the same conclusion and pay up.

Keep at it! You clearly aren't the first she's done this to and definitely won't be the last.

Motorrad

6,811 posts

217 months

Thursday 1st June 2017
quotequote all
cmaguire said:
If this was CSI then Grissom would have a paint analysis done and she'd be bang to rights.

Wonder if you could bluff her by saying you're having a paint analysis done?

CoreyDog

Original Poster:

886 posts

120 months

Thursday 1st June 2017
quotequote all
Big thank you to everyone who posted above, confirmed alot of what I thought.

Well, spoke to insurers, have said on the balance of what I have told them and the extensive pictures/dash footage of parking next to her they are extremely confident of recovering the cost from her insurer. So confident they have waived my excess, reinstated all my NCB and a garage is calling me today to arrange a quote + repair. I'm impressed!

Im still awaiting a call from Police, but since insurers are sorting it, I doubt they will be interested now. Think it's time to start garaging my car everytime again.

InitialDave

15,130 posts

149 months

Thursday 1st June 2017
quotequote all
Who are you insured with? That really is a far better result than I'd expect, very good service.

CoreyDog

Original Poster:

886 posts

120 months

Thursday 1st June 2017
quotequote all
InitialDave said:
Who are you insured with? That really is a far better result than I'd expect, very good service.
Swiftcover, part of Axa. I'm really impressed with them, customer service has been spot on. Expected to be took through the mill with this, but really easy.

awlp16

137 posts

122 months

Thursday 1st June 2017
quotequote all
CoreyDog said:
Swiftcover, part of Axa. I'm really impressed with them, customer service has been spot on. Expected to be took through the mill with this, but really easy.
Off topic, but I've just insured with them so glad to hear that!