Strange situation.
Author
Discussion

Writhing

Original Poster:

657 posts

138 months

Friday 21st August 2020
quotequote all


I live with a mate in a shared, rented house. We’ve had an assortment of cars and bikes etc. Mate sent a text message to ask about the keys to one of my cars (Honda Civic) as he wanted to move it to gain access to the garage so that he could get his bike out. Due to the layout of the property, the driveway to the garage has a wall either side which restricts access. I told him where to find the keys. he moved the car and , later, put it back. No problem. Unbeknown to me, he didn’t put the handbrake on.

A couple of days later, I went out to the Honda, I opened the door but did not get in to the car. I started it to warm it up and then moved my lease car (Kia) out of the way so that I could use the Honda. As I got out of the Kia, I heard a noise which sounded exactly like a Honda Civic crashing into a house. The Honda had rolled down the drive, across another drive and into the front wall of a neighbours house. To say I was upset would be the understatement of the decade.

The neighbour (87 year old, ex RN , Korean war vet) came out and wondered what the hell had just happened. He said he thought he was back in the war. The house sustained damage to the brickwork at the front and lots of cracks to the inside of his front room.

I spoke to my mate and we both spoke to our insurers as we had no idea what to do in this situation. My insurer said its on him as he was the last person to drive the car but his insurer said its on me as I was the last person to control the car. This was the beginning of June and nothing has happened as yet. Whenever I ask my mate what’s happening, he tells me that he’s waiting to hear from his insurers. The Honda hasn’t moved since the incident and now has a flat battery after mate tried to start it again.

I just wondered about the best way forward for this.

kiethton

14,645 posts

209 months

Friday 21st August 2020
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If you got in an started it its on you I'd have thought

Writhing

Original Poster:

657 posts

138 months

Friday 21st August 2020
quotequote all
I didn’t actually get in the car. The last time I drove it, I put the handbrake on.

anonymous-user

83 months

Friday 21st August 2020
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You shouldn’t have started the car without making sure it was safe to do so, which you must have partially done to take it out of gear otherwise it would had rolled off when your friend left it?

Your car, you were last in it, your issue sorry.

Camelot1971

2,851 posts

195 months

Friday 21st August 2020
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Lord.Vader said:
You shouldn’t have started the car without making sure it was safe to do so, which you must have partially done to take it out of gear otherwise it would had rolled off when your friend left it?

Your car, you were last in it, your issue sorry.
This.

GT03ROB

14,023 posts

250 months

Friday 21st August 2020
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Camelot1971 said:
Lord.Vader said:
You shouldn’t have started the car without making sure it was safe to do so, which you must have partially done to take it out of gear otherwise it would had rolled off when your friend left it?

Your car, you were last in it, your issue sorry.
This.
....and another yes

ShyTallKnight

2,334 posts

242 months

Friday 21st August 2020
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Writhing said:
I didn’t actually get in the car. The last time I drove it, I put the handbrake on.
No but you started the engine so were 'operating' the vehicle at the time.

As others have said I fail to see how anyone else can be responsible other than yourself.

AWRacing

1,746 posts

254 months

Friday 21st August 2020
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Ditto the above. Say your mate had put the handbrake on and it had failed, would you still think he was at fault?
Actually, whats saying that didnt happen or has he confirmed that he didnt apply it?

Either way unfortunately its on you and your insurance as you were the last one in ‘control’ of the car.

Was there much damage to your car?

Writhing

Original Poster:

657 posts

138 months

Friday 21st August 2020
quotequote all
Thanks for the replies. My mates insurance has paid to have the house repaired and he admitted to not using the handbrake.
I think the car will be written off. The obvious cosmetics are the bumper, bonnet and grille. Unfortunately the cross member/subframe has a big dent in it and I reckon a 16 year old Honda would be beyond economic repair.

NGee

2,935 posts

193 months

Friday 21st August 2020
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AWRacing said:
Was there much damage to your car?
Who gives a fk about a bloody car controlled by two idiots (one who can't use a handbrake and one who starts a car without being in it)?

It's the poor old neighbour who nearly had his house destroyed that I feel sorry for. What has happened to his house? Is it still livable in? Who is going to pay for the repairs for his house? Maybe he can/has claim on his house insurance?

Surely sorting the neighbour out should be top priority.


PS I do realize it's not the OP's question but someone else asking about a the car when the neighbours house has been destroyed seems very uncaring and frankly, quite absurd.

EDIT written before the above post stating the neighbours house has been sorted. Glad to hear they got their priorities right.


Edited by NGee on Friday 21st August 10:08

Writhing

Original Poster:

657 posts

138 months

Friday 21st August 2020
quotequote all
The house has been repaired.

NGee

2,935 posts

193 months

Friday 21st August 2020
quotequote all
Writhing said:
The house has been repaired.
Yes, I have edited my reply above.

NGee

2,935 posts

193 months

Friday 21st August 2020
quotequote all
Writhing said:
My mates insurance has paid to have the house repaired and he admitted to not using the handbrake.
If his insurance have paid for the house then it must follows that he is responsible for the damage to the car.

Surely they can't just pick and choose which part of the claim to pay out on - can they?


deckster

9,631 posts

284 months

Friday 21st August 2020
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NGee said:
If his insurance have paid for the house then it must follows that he is responsible for the damage to the car.

Surely they can't just pick and choose which part of the claim to pay out on - can they?
For sure they can. Damage to the neighbours house will be third party, which is probably covered under 'driving other cars' on the friend's insurance. Damage to the car itself would only be covered under comprehensive insurance, which is where the OPs policy should pay out.

Camelot1971

2,851 posts

195 months

Friday 21st August 2020
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Writhing said:
The house has been repaired.
That was quick! From not knowing what to do to full resolution in less than 3 hours!

Cat

3,134 posts

298 months

Friday 21st August 2020
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NGee said:
If his insurance have paid for the house then it must follows that he is responsible for the damage to the car.

Surely they can't just pick and choose which part of the claim to pay out on - can they?
If the insurance was by way of DoC cover on the friend's fully comp policy then it is highly likely that it excludes damage to the vehicle itself.

Cat

HTP99

25,184 posts

169 months

Friday 21st August 2020
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Writhing said:
I heard a noise which sounded exactly like a Honda Civic crashing into a house.
I never knew that a Honda Civic made a noise specifc to them, when crashing into a house!

NGee

2,935 posts

193 months

Friday 21st August 2020
quotequote all
deckster said:
NGee said:
If his insurance have paid for the house then it must follows that he is responsible for the damage to the car.

Surely they can't just pick and choose which part of the claim to pay out on - can they?
For sure they can. Damage to the neighbours house will be third party, which is probably covered under 'driving other cars' on the friend's insurance. Damage to the car itself would only be covered under comprehensive insurance, which is where the OPs policy should pay out.
OK, thanks (and to Cat) for explaining that. Just seemed a bit weird, but I get it now.

NGee

2,935 posts

193 months

Friday 21st August 2020
quotequote all
HTP99 said:
Writhing said:
I heard a noise which sounded exactly like a Honda Civic crashing into a house.
I never knew that a Honda Civic made a noise specifc to them, when crashing into a house!
Well there you go then, every day is a learning day on PH. wink

It is rumoured that if you get enough different cars and enough different houses you can play the National Anthem!!

the cueball

1,895 posts

84 months

Friday 21st August 2020
quotequote all
HTP99 said:
Writhing said:
I heard a noise which sounded exactly like a Honda Civic crashing into a house.
I never knew that a Honda Civic made a noise specifc to them, when crashing into a house!
VTEC Yo!