Car pranged, driver refused to give details

Car pranged, driver refused to give details

Author
Discussion

ukaskew

Original Poster:

10,642 posts

221 months

Tuesday 22nd May 2018
quotequote all
Sat in the car in Sainsbury's car park today, car reverses into me and gives the car a hefty mark/scratch right along the rear of the car pretty much end to end.

I'm guessing she was about to drive off, but stopped when she saw me getting out of the car. Refused to give any details whatsoever so I did the only sensible thing I could think of and photographed everything (her, her car, the damage etc). Unfortunately no witnesses.

What's the best course of action and am I likely to get anywhere with it? Only advice I can find is to report it at the police station, but I can't get there for days.

Macneil

892 posts

80 months

Tuesday 22nd May 2018
quotequote all
report it immediately to your insurers and call 101 tomorrow.

LosingGrip

7,816 posts

159 months

Tuesday 22nd May 2018
quotequote all
Can report to the police via 101. Or possibly online depending which force you are under.

Also report to insurance company.

daveinhampshire

531 posts

126 months

Tuesday 22nd May 2018
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Report to the police, it's an offence not to disclose your details at the scene of an accident. You can get her insurance details from askmid for £3.

davamer23

1,127 posts

154 months

Tuesday 22nd May 2018
quotequote all
Askmid, get their insurers details (if insured) go straight to their insurer.
Send photos and explanation. Inform your insurer of the incident but state that you are Pursuing the third party insurers directly.

Similar happened to me except the third party vehicle was in contact with my car upon my return and occupant wasn’t anywhere to be found. I left note giving them 24hrs to contact me but they didn’t. Their insurer went ahead and repaired my car after 14 days of no response from their client.

ElectricPics

761 posts

81 months

Tuesday 22nd May 2018
quotequote all
davamer23 said:
Askmid, get their insurers details (if insured) go straight to their insurer.
Send photos and explanation. Inform your insurer of the incident but state that you are Pursuing the third party insurers directly.

Similar happened to me except the third party vehicle was in contact with my car upon my return and occupant wasn’t anywhere to be found. I left note giving them 24hrs to contact me but they didn’t. Their insurer went ahead and repaired my car after 14 days of no response from their client.
Can of worms for the other party - in the event of admitting liability for an incident their policyholder failed to inform them of the insurer will have cancelled their policy and possibly even pursed them for the costs.

ukaskew

Original Poster:

10,642 posts

221 months

Tuesday 22nd May 2018
quotequote all
Thanks everyone. I forgot to mention that she thought 'it wasn't a problem as my car was old' (2008 Focus!) Cleaned it this evening and the damage is actually quite minor, surprised by that as it looked really scratched up, if it wasn't for her appalling attitude I might have let it go.

Her bumper was a state, came off quite badly given the relative lack of damage to mine.

Red 4

10,744 posts

187 months

Tuesday 22nd May 2018
quotequote all
Here's the law about duties of drivers following an accident:

https://www.legislation.gov.uk/ukpga/1988/52/secti...

Cold

15,246 posts

90 months

Tuesday 22nd May 2018
quotequote all
Of course, you should now expect her to claim that you reversed into her. Then you started shouting, raising your voice etc and she became fearful for her own personal safety so decided to leave the scene.
You brute.

Gavia

7,627 posts

91 months

Tuesday 22nd May 2018
quotequote all
ElectricPics said:
Can of worms for the other party - in the event of admitting liability for an incident their policyholder failed to inform them of the insurer will have cancelled their policy and possibly even pursed them for the costs.
You’ve just made that up haven’t you?

KungFuPanda

4,332 posts

170 months

Wednesday 23rd May 2018
quotequote all
Gavia said:
ElectricPics said:
Can of worms for the other party - in the event of admitting liability for an incident their policyholder failed to inform them of the insurer will have cancelled their policy and possibly even pursed them for the costs.
You’ve just made that up haven’t you?
Sounds like it.

An insurer will never admit liability for an accident which their policyholder hasn't informed them about because they aren't aware of the accident circumstances and can't take the third party's story at face value. At a push, the would settle the third party claim on a without prejudice basis.

Gavia

7,627 posts

91 months

Wednesday 23rd May 2018
quotequote all
KungFuPanda said:
Gavia said:
ElectricPics said:
Can of worms for the other party - in the event of admitting liability for an incident their policyholder failed to inform them of the insurer will have cancelled their policy and possibly even pursed them for the costs.
You’ve just made that up haven’t you?
Sounds like it.

An insurer will never admit liability for an accident which their policyholder hasn't informed them about because they aren't aware of the accident circumstances and can't take the third party's story at face value. At a push, the would settle the third party claim on a without prejudice basis.
He’s not saying that though. He’s saying that a policyholder admits liability for an accident, then doesn’t inform them, so they cancel his policy when they find out.

Made up wibble.

In your scenario with or without prejudice doesn’t really matter as long as the claim gets settled. Most insurers accept that silence from their policyholder is an effective admission of fault, as anyone who wasn’t involved would be straight on the phone once the letter lands on their doorstep.

ghe13rte

1,860 posts

116 months

Wednesday 23rd May 2018
quotequote all
Similar accident happened to my niece with a small difference, 3-Rd party had left the car park and a note was left by a witness.
Went to policebwith reg and details was told can’t give name and address of keeper because of data protection. The police were told to stop blowing it out of their rear details released.
Attend keepers address and denial from keeper.
Police then so keeperfor driver, turns out to be keepers son.
Prosecuted for leaving scene and not reporting, fined, banned etc.
Keepers insurance pays up.
Keeper brings son to nieces house and he makes a sorry apology.
All could have been lost if it remained in the “too hard to bother with, I’m using DPA to fob the public off” box.
The registration of veihicles is made visible for a reason, and that is to ID someone who will have knowledge of it so...the DPA and PoFA are not to protect people from committing criminal acts.

s55shh

499 posts

212 months

Wednesday 23rd May 2018
quotequote all
KungFuPanda said:
Sounds like it.

An insurer will never admit liability for an accident which their policyholder hasn't informed them about because they aren't aware of the accident circumstances and can't take the third party's story at face value. At a push, the would settle the third party claim on a without prejudice basis.
When I got ran over the TP insurer accepted liability even though their policyholder never reported or admitted it. Plenty of witnesses helped

irocfan

40,431 posts

190 months

Wednesday 23rd May 2018
quotequote all
ukaskew said:
Thanks everyone. I forgot to mention that she thought 'it wasn't a problem as my car was old' (2008 Focus!) Cleaned it this evening and the damage is actually quite minor, surprised by that as it looked really scratched up, if it wasn't for her appalling attitude I might have let it go.

Her bumper was a state, came off quite badly given the relative lack of damage to mine.
it's this attitude that really pisses me off! You're missing the point love - it's MY old car!

mikeveal

4,571 posts

250 months

Wednesday 23rd May 2018
quotequote all
davamer23 said:
Askmid, get their insurers details (if insured) go straight to their insurer.
Send photos and explanation. Inform your insurer of the incident but state that you are Pursuing the third party insurers directly.

Similar happened to me except the third party vehicle was in contact with my car upon my return and occupant wasn’t anywhere to be found. I left note giving them 24hrs to contact me but they didn’t. Their insurer went ahead and repaired my car after 14 days of no response from their client.
This.
I did exactly the same when I was deliberately side swiped by a Transit van driver who then refused to stop.
It took a bit of perseverance to get through to the right department in the third party insurer. But once there, I emailed the photo and video evidence and politely explained that I was holding them 100% responsible for the incident and would not be negotiating. They could either pay up, or deal with an accident management co.

They tried to contact their driver, who buried his head in the sand and didn't respond, then they agreed to pay up. I hope he was refused insurance when he tried to renew.

If you go via your insurance company you must accept that they could settle at something other than 100% fault. You'll probably also have to pay your excess for the repair with a vague promise of a refund if the other party are found liable.

Greendubber

13,206 posts

203 months

Wednesday 23rd May 2018
quotequote all
irocfan said:
ukaskew said:
Thanks everyone. I forgot to mention that she thought 'it wasn't a problem as my car was old' (2008 Focus!) Cleaned it this evening and the damage is actually quite minor, surprised by that as it looked really scratched up, if it wasn't for her appalling attitude I might have let it go.

Her bumper was a state, came off quite badly given the relative lack of damage to mine.
it's this attitude that really pisses me off! You're missing the point love - it's MY old car!
Tempting to reply with 'well your face looks old, how about I damage it?'

Red Devil

13,060 posts

208 months

Wednesday 23rd May 2018
quotequote all
Classic! laugh

Mind you in today's topsy-turvy world she would then probably try to get you arrested for breaching the Public Order Act 1986. rolleyes

HedgeyGedgey

1,282 posts

94 months

Wednesday 23rd May 2018
quotequote all
Greendubber said:
irocfan said:
ukaskew said:
Thanks everyone. I forgot to mention that she thought 'it wasn't a problem as my car was old' (2008 Focus!) Cleaned it this evening and the damage is actually quite minor, surprised by that as it looked really scratched up, if it wasn't for her appalling attitude I might have let it go.

Her bumper was a state, came off quite badly given the relative lack of damage to mine.
it's this attitude that really pisses me off! You're missing the point love - it's MY old car!
Tempting to reply with 'well your face looks old, how about I damage it?'
I never understand peoples mindset about old cars, the most expensive car ever sold was made in 1963.....If someone hit that and said "it doesn't matter its an old car anyway" you'd be pretty mad after spending £34million

WJNB

2,637 posts

161 months

Friday 25th May 2018
quotequote all
I would worry about giving my personal details home address etc to a belligerent maybe violent individual at an accident scene. How vulnerable foes that make me & my family to an unsolicited visit?
Should the occasion arise I'd report my actions to the police asap & risk prosecution with the defence that I felt threatened.