bump conundrum
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ChrisnChris

Original Poster:

1,424 posts

251 months

Wednesday 16th July 2014
quotequote all
Brief outline.

We had a BBQ, lots of people, a few people had parked in the drive.

A car needed to be moved to let out the car in front.
The car wasn't moved by the owner, but by the owner's son, who has full driving licence 32yrs old etc. but lives in London and doesn't need or have a car, so no motor insurance.
The car was parked in gear....the son is used to driving an automatic....not particularly relevant but.....

The car was started, and of course lurched forward into the rear of the car in front.... the owner has just brought over the estimate for repairs ( she works for a garage & the rates are preferential)

Nearly £1500.............this will obviously be claimed on the insurance, but I can see it causing a bit of agro between father & son.

Where do you think the responsibility lies, I was taught to give the gear stick a "stir" before turning the ignition & I must confess that I leave the TVR in gear if on a slight incline coz the hand brake is st, but then again I'm the only one who drives it.
As a matter of habit I seem to start cars with the clutch depressed anyway

will-w

256 posts

230 months

Wednesday 16th July 2014
quotequote all
I would say that responsibility lies with the son.

My wife leaves her car in gear all the time, much to my annoyance and insistence that she shouldn't. If I were to start it with it in gear still then I'd take the blame as I didn't check first.

Matt UK

18,084 posts

229 months

Wednesday 16th July 2014
quotequote all
Responsibly is with the clot who turned the ignition with the car in gear...

If he wasn't sure how to drive a manual, he should have said before proceeding.

senorblm

177 posts

147 months

Wednesday 16th July 2014
quotequote all
my parents ALWAYS leave my car in gear despite never being on any form of incline. Annoys the hell out of me

Mave

8,217 posts

244 months

Wednesday 16th July 2014
quotequote all
What insurance is it going to be claimed on? Sounds like the driver wasn't insured to drive the car...

ChrisnChris

Original Poster:

1,424 posts

251 months

Thursday 17th July 2014
quotequote all
Mave said:
What insurance is it going to be claimed on? Sounds like the driver wasn't insured to drive the car...
Er, the woman whose car was hit?

Can you make a claim if you're hit by an uninsured driver, or do you have to just cough up for the damage?.
I find that a little surprising if that's the case.

Please elucidate

Bennet

2,133 posts

160 months

Thursday 17th July 2014
quotequote all
Of course you can claim if hit by an uninsured driver. But she won't want to claim and shouldn't have to because it wasn't her fault.

Either son pays up, or dad pays up, or dad lies to his insurance and says he was driving and they pay up or woman calls the police and tells them what happens and the lad gets done for driving with no insurance and gets fined for the cost of the repair.

Best that the son pays up.

snobetter

1,365 posts

175 months

Thursday 17th July 2014
quotequote all
Bennet said:
lad gets done for driving with no insurance and gets fined for the cost of the repair.
On private land?

Bennet

2,133 posts

160 months

Thursday 17th July 2014
quotequote all
I don't know whether or not you'd get done for no insurance on private land, but you must be legally culpable for costs of damage. It's not like people can crash in carparks and on private roads and drive off with impunity.

Conscript

1,378 posts

150 months

Thursday 17th July 2014
quotequote all
Surely as you were all socialising together, all parties involved must know each other and be willing to come to an amicable solution? Would the woman really care if the son wasn't insured? Surely the best outcome would be:

- Dad says he was driving as he's the insured party and admits fault.
- Woman claims on his insurance for the repairs.
- Son pays any applicable excess and also offers to cover any increase on dad's premium at renewal.

Surely this is the most amicable way to go for all parties invovled? Woman gets her car repaired. Insurance foots the hefty repair bill. Dad isn't out of pocket financially as he gets reimbursed losses through his son and therefore the son is appropriately chastised for being such a numpty tongue out

Conscript

1,378 posts

150 months

Thursday 17th July 2014
quotequote all
-Double post-

Edited by Conscript on Thursday 17th July 16:24

snobetter

1,365 posts

175 months

Thursday 17th July 2014
quotequote all
Bennet said:
I don't know whether or not you'd get done for no insurance on private land, but you must be legally culpable for costs of damage. It's not like people can crash in carparks and on private roads and drive off with impunity.
Don't know about car parks etc, but hospitals, although private land still covered by laws of the road. Your personal property not, otherwise SORN vehicles, wrecks etc.

Cival matter if it ever got that far for these folks I'd guess.

Clivey

5,683 posts

233 months

Thursday 17th July 2014
quotequote all
I always leave my cars in gear...especially after a family member's motor suffered handbrake failure that resulted in the car entering the house (not mine).

Responsibility in this case is with the plank that didn't check. I have a routine when I get into a car to drive which includes making sure that it's in neutral/park before starting it. I also depress the clutch (if spanish) AND brake; some cars can't even be started unless the brake / clutch has been depressed.

JQ

6,801 posts

208 months

Thursday 17th July 2014
quotequote all
Conscript said:
Surely as you were all socialising together, all parties involved must know each other and be willing to come to an amicable conclusion? Would the woman really care if the son wasn't insured? Surely the best outcome would be:

- Dad says he was driving as he's the insured party and admits fault.
- Woman claims on his insurance for the repairs.
- Son pays any applicable excess and also offers to cover any increase on dad's premium at renewal.

Surely this is the most amicable to all parties? Woman gets her car repaired. Insurance foots the hefty repair bill. Dad isn't out of pocket financially as he gets reimbursed losses through his son and therefore the son is appropriately chastised for being such a numpty tongue out
Sounds like the most sensible solution. But what's the odd's on the dad being upset about losing his NCD through no fault of his own.

Conscript

1,378 posts

150 months

Thursday 17th July 2014
quotequote all
JQ said:
Conscript said:
Surely as you were all socialising together, all parties involved must know each other and be willing to come to an amicable conclusion? Would the woman really care if the son wasn't insured? Surely the best outcome would be:

- Dad says he was driving as he's the insured party and admits fault.
- Woman claims on his insurance for the repairs.
- Son pays any applicable excess and also offers to cover any increase on dad's premium at renewal.

Surely this is the most amicable to all parties? Woman gets her car repaired. Insurance foots the hefty repair bill. Dad isn't out of pocket financially as he gets reimbursed losses through his son and therefore the son is appropriately chastised for being such a numpty tongue out
Sounds like the most sensible solution. But what's the odd's on the dad being upset about losing his NCD through no fault of his own.
If the son is 32, then hopefully the dad is old enough that he carries enough NCD that it hardly matters - or maybe has it protected.

My dad is 64 and has often remarked that at his age, with his NCD, the discounts are often irrelevant anyway. Hopefully the dad in this scenario is similar smile

Bennet

2,133 posts

160 months

Thursday 17th July 2014
quotequote all
He's covered that.

Conscript

1,378 posts

150 months

Thursday 17th July 2014
quotequote all
Bennet said:
He's covered that.
I re-read the thread and I can't see where, can you tell me where?

EDIT: Nvm, "aggro between father and son"

Troubleatmill

10,210 posts

188 months

Thursday 17th July 2014
quotequote all
Obvious answer is obvious.

Son drove it. Son broke it. Son has to grow some balls; take responsibility for his actions and pay for it.
The son might be a little bit wiser for the experience.




Mave

8,217 posts

244 months

Thursday 17th July 2014
quotequote all
ChrisnChris said:
Er, the woman whose car was hit?

Can you make a claim if you're hit by an uninsured driver, or do you have to just. cough up for the damage?.
I find that a little surprising if that's the case.

Please elucidate
Er, the OP implied the £1500 would be paid by the father's insurance. Not the woman's (nowhere did it say the woman had comprehensive insurance)

Edited by Mave on Thursday 17th July 23:47

Matt UK

18,084 posts

229 months

Thursday 17th July 2014
quotequote all
Troubleatmill said:
Obvious answer is obvious.

Son drove it. Son broke it. Son has to grow some balls; take responsibility for his actions and pay for it.
The son might be a little bit wiser for the experience.
Haha, totally agree. First read I thought the son was 22, but he's 32! FFS!!
I hope he's not trying to make out to dad that somehow this is not his fault as he doesn't drive much and normally uses an auto...