Hit while parked, insurance expires tomorrow + other issues
Hit while parked, insurance expires tomorrow + other issues
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wiggy001

Original Poster:

7,010 posts

294 months

Wednesday 14th April 2010
quotequote all
Hi all, after some thoughts on the following:

My car was parked on private property (a shared driveway at work) yesterday when someone from the neighboring office reversed into it frown I had a look and we agreed I would get a quote for the work and take it from there (as to whether to pursue via insurance or not)

Damage amounts to a 3 inch scratch plus dent on the wheel arch and I've had 2 quotes today of around £220 to fix.

I'm going back to the office tomorrow so was going to speak to her about it then to see how she'd like to pursue but:

1) My insurance with Elephant expires at 15:00 tomorrow, and I have already cancelled the policy from the renewal date/time and have alternative insurance set to commence tomorrow with another company.

2) My current policy with Elephant only covers me for Social, Domestic and Pleasure. I've not needed to drive for work much over the last year (odd days here and there) so didn't add commuting to the policy.

Elephant T&Cs say I must report all incidents within 48hrs, so I can speak to the woman tomorrow morning and call them straight after if necessary to comply with this, but am I going to face any issues with regard to the above 2 points?

The way I see it, point 1 shouldn't be an issue as I am/was a client of Elephant when the incident occurred, but point 2 could cause me an issue as I shouldn't technically have used the car for commuting? Are you supposed to add commuting cover, even if it occurs once in a blue moon?

Obviously I'm hoping she will see my written quote, pop off to the ATM and return with £220 for me, but somehow I doubt that will happen.

Any thoughts much appreciated.

john_p

7,073 posts

273 months

Wednesday 14th April 2010
quotequote all
If she gets snotty just sue her for the repairs. Any witnesses or CCTV?


..were you actually at work yesterday? Or just using the work car park while you went into town?

Edited by john_p on Wednesday 14th April 18:19

wiggy001

Original Poster:

7,010 posts

294 months

Wednesday 14th April 2010
quotequote all
john_p said:
If she gets snotty just sue her for the repairs. Any witnesses or CCTV?


..were you actually at work yesterday? Or just using the work car park while you went into town?

Edited by john_p on Wednesday 14th April 18:19
Have witnesses from the office that saw it happen and spoke with her when she came in to admit it.

And I like you're thinking.... wink

eltax91

10,598 posts

229 months

Wednesday 14th April 2010
quotequote all
You were not at work. You were at the bank and then popped in to see a work mate about that evenings meet up in the pub.You normally commute by train/ bus don't you. smile

_Batty_

12,268 posts

273 months

Wednesday 14th April 2010
quotequote all
wiggy001 said:
john_p said:
If she gets snotty just sue her for the repairs. Any witnesses or CCTV?


..were you actually at work yesterday? Or just using the work car park while you went into town?

Edited by john_p on Wednesday 14th April 18:19
Have witnesses from the office that saw it happen and spoke with her when she came in to admit it.

And I like you're thinking.... wink
y-o-u-r your!
ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!

hehe

sorry, please resume

saaby93

32,038 posts

201 months

Wednesday 14th April 2010
quotequote all
It's a straight forward third party claim, your own insurers have nothing to do with it, although you ought to tell them about any accidents youve had I'm not sure how many people bother for a scratch.

If she doesnt wan't to pay get a claim form from her insurers and do it that way. If it starts getting messy consider an accident management company but it looks like you have it all in hand anyway
smile

wiggy001

Original Poster:

7,010 posts

294 months

Wednesday 14th April 2010
quotequote all
_Batty_ said:
wiggy001 said:
john_p said:
If she gets snotty just sue her for the repairs. Any witnesses or CCTV?


..were you actually at work yesterday? Or just using the work car park while you went into town?

Edited by john_p on Wednesday 14th April 18:19
Have witnesses from the office that saw it happen and spoke with her when she came in to admit it.

And I like you're thinking.... wink
y-o-u-r your!
ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!

hehe

sorry, please resume
D'oh! And it's a pet hate of mine too!

wiggy001

Original Poster:

7,010 posts

294 months

Wednesday 14th April 2010
quotequote all
saaby93 said:
It's a straight forward third party claim, your own insurers have nothing to do with it, although you ought to tell them about any accidents youve had I'm not sure how many people bother for a scratch.

If she doesnt wan't to pay get a claim form from her insurers and do it that way. If it starts getting messy consider an accident management company but it looks like you have it all in hand anyway
smile
Didn't realise I could approach her insurers? That being the case, would they deal with Elephant (my insurer at the time) or my new company?

saaby93

32,038 posts

201 months

Wednesday 14th April 2010
quotequote all
wiggy001 said:
Didn't realise I could approach her insurers? That being the case, would they deal with Elephant (my insurer at the time) or my new company?
Unless you asked them to, they wouldnt deal with either - why should they?
All you want is your car fixed by whoever ran into you. If they decide it's too much, and it doesnt look like it, theyll refer it to their insurers.

davidjpowell

18,589 posts

207 months

Wednesday 14th April 2010
quotequote all
They would deal with you. Same process as if your claiming against your insurers. Get qoute, engineers visit if neeeded, and like for like courtesy car.

wiggy001

Original Poster:

7,010 posts

294 months

Wednesday 14th April 2010
quotequote all
Thanks very much for the responses. Not sure why I assumed I had to go via my insurance company, just one of those things I hadn't really thought about enough.

Chat with her in the morning and, if needs be, her insurers it is then.

Thanks again.

itz_baseline

827 posts

244 months

Wednesday 14th April 2010
quotequote all
You don't have commuting on your policy and you use it to drive to work? Could the insurance company of the person who hit you may look into this and refuse to pay on this basis?

I guess it's no different really to having 3rd party only and someone hitting you so maybe not, but you never know what small print is knocking around.....though I'm sure insurance companies do browse sites like this so I'd be careful what is put on here.

AndrewW-G

11,968 posts

240 months

Wednesday 14th April 2010
quotequote all
Even though not having communting use on insurance is naughty, as the car was parked in a private car park at the time, it doesnt matter one single jot if it was insured at all smile

wiggy001

Original Poster:

7,010 posts

294 months

Thursday 11th November 2010
quotequote all
A slight (!) thread resurrection here...

So, as an update to my original posts, I spoke with the woman that hit my car and we agreed verbally that she would give me £250 for the damage she caused (I had 2 quotes of around that mark to repair the damage). This was her preference rather than involving insurance companies as her excess was £600.

It took me 2 - 3 weeks to finally get the cash off her (she kept stalling for no real reason), but in the end I did and thought that was an end to it.

Shortly after all this I got a new client and was driving daily for work (with business cover on my insurance!) so couldn't really afford to be without the car while it was repaired. Long story short, I've not got round to getting it done yet. And with it recently being broken into, I'm not sure I will.

Anyway, recently the woman that hit my car has been chasing me (via email), initially for a receipt for the work done and then, when I explained the situation, for the money back or a receipt for the money.

I offered her a receipt for the cash at the time of receiving, and she declined.

Her emails have been pretty snotty ("actually I’d like the money back until you have the repair carried out – otherwise its money under false pretences. You’ve had the benefit of it already for a few months" and "Dave I should like a receipt as I am not in the habit of handing out £250 worth of present to people I do not know").

After explaining again why she gave me the money (because of the damage she caused, and to save her a lot more if we went via the insurance) and saying that was the end of it as far as I was concerned, she then turned downright rude.

I've told her not to contact me again.

So, a couple of questions:

1) Why would she want a receipt for the work done? Is she trying to claim this as a business expense or something? (I've asked, she won't tell me).

2) Is it now far too late to pursue this through her insurers? If she keeps on, I'm more than happy to return the cash and get her insurers to pay, but as this was in April I'm not sure if I could (especially as I'm not with that insurer any more)

3) Have I left myself open here in someway?

Any thoughts greatfully received.

randomman

2,215 posts

212 months

Thursday 11th November 2010
quotequote all
Hmm sounds odd. Truth is she damaged your vehicle and paid £250 to you for damaging that vehicle and it return you agreed not to put an insurance claim in against her.

Now say you took it to a garage and they found it was fooked on something else and you decided to sell/scrap it - she still has no comeback as she gave you that money because she damaged your vehicle.

See where I'm coming from?

However by accepting the money I would not under any circumstances give it back as the likelyhood of her insurance paying out are zilch.

Additionall, in the spirit of PH, spend it on coke and hookers, buy an mx5, smash her back doors in then nuke her from orbit.

Heathwood

2,933 posts

225 months

Thursday 11th November 2010
quotequote all
Could you not tell her its compensation to cover the reduction in resale value caused by her careless driving?

Efbe

9,251 posts

189 months

Thursday 11th November 2010
quotequote all
firstly give her the receipt unless you do want to pursue the insurance route.she wants it in case you decide to claim as well, so she can prove it was already settled.

with the having the work done thing. tell her to get stuffed.

reply back with something like this:

she has decreased the value of your car by £250. this money was not just to fix it,but compensation for the loss of value suffered from damage. Whether or not you decide to get it fixed is entirely up to you and nothing to do with her. In the end, even if you don't fix it the car will be worth£350 less.

oldcynic

2,166 posts

184 months

Thursday 11th November 2010
quotequote all
She paid you the cost of repairing the damage she did to your car. Did you give her a written undertaking that you would repair the car, or simply agree that this was the value of the damage?
If she keeps pushing then I suggest you forward quotes for a hire car whilst the repairs are completed; alternatively she can consider the matter closed and stop bothering you - it's up to you when you choose to accept the inconvenience of the car being repaired (if ever). By the sound of it she doesn't have a leg to stand on - what would she say in court? She doesn't even have a receipt!

M3333

2,330 posts

237 months

Thursday 11th November 2010
quotequote all
Offer to give her the £250 back but inform her you will now be going through with the insurance company.

Stupid cow! Some people really cant see the wood for the tree's.

Mroad

829 posts

238 months

Thursday 11th November 2010
quotequote all
Put yourself in her shoes.
As she has got nothing in writing that you have accepted the payment for the full damage that occurred what's stopping you pocketing the £250, claiming ignorance and then going through her insurance?

She was very naive in not asking for receipt for the payment she gave you.

I think she is feeling a bit foolish and a bit worried as the car is still not repaired, if it's still damaged there's still chance you can claim against her.
I suggest you write her a receipt for the money you got as full compensation payment for the damages occurred, however it's nothing to do with her what you do with the money.