Advice needed!
Author
Discussion

futie

Original Poster:

655 posts

298 months

Friday 18th June 2004
quotequote all
Hi all,

Just really wanted some advice - my mum has just had a little accident and we're not sure about liability/requirements/etc - a bit topical as i've read recently here about what you need to do after an accident!

Basically, my mum was parking on the side of a road (parallel) at the back of a row of (perpendicular) cars parked further away from the side of the road. This area is really part of a garage premises.

Anyway, there was a guy reversing out in one of the 'perpendicular' cars and he hit the side of my mums car.

A nice guy, apparently, but he started talking about knock-for-knock and the fact that it was technically on private property. The garage is actually part-MoT centre and part-bodyshop and he's suggesting that we can 'sort something out'.

Personally I think that it was entirely his fault and we should be getting his details and getting a quote from a bodyshop of our choosing.

What do you think?

At the moment we don't have any of his details or the car details (it's only down the road) but we're about to pop back now to get them. Do we need to report this to plod? Where do we stand with an accident on private property?

Marc
sitememory.com

Davel

8,982 posts

280 months

Friday 18th June 2004
quotequote all
The police may not be interested as no one hurt and on private property, unless he refuses to give his insurance details.

How can it be knock for knock, as your mum was parked up and not moving.

Get his insurance details nd insist on getting them. He may choose to pay cash rather than afect any no claims discount.

Is there much damage.

Either way, don't let him off the hook, he has hit a parked car.

futie

Original Poster:

655 posts

298 months

Friday 18th June 2004
quotequote all
Turns out he's the owner of the garage! The damage is quite small, but is right on the hinge of the front door, so despite being small, could involve a new front door skin and front wing as there are dents as well as paint damage.

Hmmm. He might just be trying to save a few ££s - need to see what he says I think.

Marc
sitememory.com

Dwight VanDriver

6,583 posts

266 months

Friday 18th June 2004
quotequote all
Even if it turns out as having occurred on private property then there is still your option to make a claim for negligence through the Small Claims Court (Civil proceedings) to recover up to &5,ooo in damages.

DVD

Nightmare

5,277 posts

306 months

Friday 18th June 2004
quotequote all
what isn't entirely clear here is whether your mum was stationary or also moving during this - if tha latter it makes it much more difficult to prove precisely who hit who.

Does sound to me like he's at fault though, and doing the normal fast one to try and get out of paying. If he owns the garage, and your mum is happy to elave insurance out of it, then I suggest he repairs the car for free as a goodwill gesture to be honest.

futie

Original Poster:

655 posts

298 months

Friday 18th June 2004
quotequote all
Thanks for the feedback guys - just went to talk to him. It's a fairly complex arrangement - i'll try and explain.

He's Mr XXX senior who used to run the garage, but now his son runs it. But his wife is the receptionist. He now lives in a house adjacent to the garage and is front drive is the same peice of tarmac that is also the garage forecourt. Although it's in front of his house, rather than infront of the MoT bay.

Anyway, chatted to his wife - she seemed a little stand-offish and said "it's not going through the insurance, so I don't know why you want the details". I said, fair enough, not going to push the point - just want to get the car details/etc and to point out that we think it's his fault rather than 50:50. We had a difficult conversation but I was trying to be nice.

As I was leaving I saw him return, so went to have a chat with him in the exact same place where they had the accident. He seemed nice at first, but got a bit nasty - threatened to hit me, actually, but since he'd probably have fallen over doing it, I wasn't too concerned.

He said that "if your mum was on the road, rather than half on my property, I wouldn't have hit her".

I said: "well, you've just admitted it - you hit her!"

I don't think he was too pleased. He suggested I get a life and walked off. But not before we kind-of agreed that he'd pay. I think he realised that actually it was his fault.

We went back 20 mins later to pick up my dads car (long story - that was in for a MoT) and got the bodyshop to look at the damage - a really nice guy - and booked it in for a few weeks time. Problem sorted. Even the receptionist was nice to me!

I think that it's just dawned on him that it's going to cost him. And he took it out on me, that's all.

Anyway, thanks for listening - I expect this is my longest post on PH!

Marc
sitememory.com

Nightmare

5,277 posts

306 months

Monday 21st June 2004
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well I'm glad you got a good result...goes to show that having a chat with someone is usually the best way forward!

Oh, and being threatened by an OAP rules!

futie

Original Poster:

655 posts

298 months

Monday 21st June 2004
quotequote all
Thanks, Nightmare!

Yep, it certainly was an odd experience. The guy started off really nice and then all of a sudden turned nasty!

I was quite happy to have a chat about the relative merits of who was at fault and how 'private property' affected the situation, etc. But I think he was a bit pissed off that someone with half a brain had turned up and pointed out that since there was damage to the side of her car, she can't possibly have driven into him !!

Anyway, we live & learn ..

Marc
sitememory.com