to think you wouldn't put in an insurance claim for a few removeable paint marks on a bumper?

[TheRuderBarracuda]

On the way driving to a fireworks display a few weeks ago in the car, lots of traffic crawling through Hammersmith and a firework goes off close to the street (must have been a nearby back garden), large rangerover stopped abruptly in front of me (slow moving traffic), and I stop sharp (we were literally crawling through Hammersmith - could not have been going faster than 5 miles per hour because I was travelling a few feet every time we could move forward) and our bumpers meet (well not quite because rangerover's bumper is that much higher).

Driver in front stops, gets out in the middle of the road traffic and I wind my window down and indicate that we should pull over and exchange details which we do. In exchanging details I mentioned the firework making everyone jump (I thought that was why the driver had stopped sharp) and realised the driver was deaf (I wasn't too quick on the uptake because of general noisiness and not sure its relevant apart from as to whether the firework was why she stopped) and we swapped numbers and I took photos (not great quality on phone) of a few faint silver/white marks on the bumper but when I touched them they actually rubbed off (which I showed to the driver) and could feel that the 'scratches' were not actual grooves but paint marks.

Have now received notice of an insurance claim! Is the other driver legally obliged to put in a claim or are they trying it on? Also is it automatically my fault if you bump the back of someone even if they stop abruptly (possibly due to firework)?

Yes your fault I'm afraid.

If a car is leased then iirc the driver can be penalised if not returned in vgc which maybe why they feel they should claim

A few years ago I was the first car waiting to pull onto a roundabout when someone ran into the back of me. We got out and inspected the cars. No visible damage, we agreed it was nothing and drove away. A few days later the police came to my house, told me the other car was a write- off and that they were investigating me for leaving the scene of an accident. The policeman said I should have called the police to the event at the time and that the other driver had gone straight to the nearest police station and reported me.
When I pointed out that I had been stationary at the junction and she had driven into the back of me, and that there was certainly no damage at all to my much smaller car he said that it was my fault because according to the other driver a gap had come in the traffic which I should have pulled into and didn't.
It took ages to sort out and nothing now surprises me wrt car bumps.

Whatever the reasons, you are at fault because you were behind her and it's entirely up to her if she wants to claim on her insurance. Sorry!

I know TFS - that's why I put in about driver being deaf because at the time when I realised it threw me because that was why I thought she had stopped abruptly. And yes, driving on motorways, not in traffic in central London I would leave more of a gap but if you are already in traffic where cars are sitting yards apart to move a few yards every minute or so I wouldn't leave such a gap so I guess it's my fault. Don't generally see cars in traffic jams with large spaces in between in London so I suppose we all do it.

Sorry but agree with other - it's your fault. Must always leave a stopping gap.

carabos The police advice to you is puzzling considering everyone else's advice - at a roundabout surely you need to wait for the car in front to move onto roundabout before you try and go? Would have thought that same rule would have applied to person behind you as to me? Can't believe how sly the other driver was!

Yes maybe it's a lease vehicle and she doesn't have any choice about it. Pffffffft.

TFS - Do you drive a lot in central London? There's no avoiding sucking in exhaust fumes whether you're 3 feet or 20 feet behind!

ruder that was my understanding too. No action was taken against me in the end but it was ages before anyone saw sense. I think the gist of it was that she was in a company car and would have been in trouble if it was her fault so tried to make sure I got the blame. I never believed her car was damaged as it was more of a hearty kiss than a bump iyswim.

Your fault OP as you should have been further back.

Saying that, I bumped into somebody in May (my fault, didn't factor in wet road conditions to my stopping distance, yes it does make a difference!) and my company only told me on Wednesday that they'd made a personal injury claim which was now all finished, and they only told me because I was on the phone to them and I asked them. Surely they're obliged to tell me these things?

carabos I can't believe that the cops saw fit to warn you about that! What a muppet (the woman) for wasting everybody's time!

I was meant to add "so you're lucky you found out that she'd made a claim at all!"

Some people are just graspy. Unfortunately it was your fault, you should have taken a photo of any damage AT THE TIME because it could be that they've since had another bump causing considerably more damage and you have no way of proving it wasn't you.

If you go into the back of someone, its always your fault, unless they reversed into you.

Its shit, and the other person is probably an arsehole but thems the breaks. Always always take a photo of any damage/non damage at the scene, to protect yourself from people who are basically trying it on.

YANBU to be pissed off. Everyone makes a mistake, but I feel like you're going to be paying for that!

DH was on his push bike a couple of years ago and a woman overtook him on the approach to a zebra crossing (and by a right hand street), pulled in front of him and then slammed on her brakes because of pedestrians stepping out. She took his braking distance, obscured his view of the zebra crossing and he hit her bumper, despite braking.

He fell sideways and broke his hand and damaged his neck in an effort to miss her car. An ambulance and police were called and they all looked at her car. She had a small scratch to her bumper and the police/ambulance staff and a passerby who stopped to help dh all said thank God no harm was done to her car and indicated that maybe the person most hurt by it all was dh. She did not say a word to dh, merely shouted a lot about being late for work and mumbled about solicitors. DH stupidly accepted liability for the accident.

We got letters from solicitors very promptly demanding nearly £800 for a new bumper, new side panels and a respray. We told her to bugger off. Well her solicitors. We pointed out that actually she was in the wrong for overtaking where she did. It took months to sort out and the stress was bloody awful. DH has bike insurance now and if anything like that happened again we'd leave it between the insurance companies because the worry of it all and threats of court made dh unwell in the end.

Someone backed into me the other day. You can barely see a scratch but in fact it's displaced the bumper which needs to be replaced. If I'd done it myself then I'd leave it but potentially my car has been devalued by someone else and it's going to be fixed.

One of those things op and unfortunately your premium will suffer next year as well

aldiwhore - she DID take photos if you read it.

Drat...well unanimously my fault. TFS - Leaving too much of a gap always makes me nervous because I feel like it encourages more cyclists and motorbikes weaving but I'll have to learn to put up with that following this incident - live and learn.

SoH - what a horrible woman! Your poor DH.

Jins you and a few other posters give me hope that she's not just being grasping and there is something that actually needs fixing and she hasn't had an accident in the meantime and decided to claim against me (only received notice today 3 weeks later but maybe insurance co is just slow)

Aldiwhore Photos are a bit crap (dark and rubbish flash on phone) but do show bumper and back of car with no apparent damage but who knows?

OldGrey that'll teach me to speed read. Whoops! TheRuderBarracuda hope it gets sorted.

I backed into a concrete pillar in my DH's car, I thought only thelight would need replacing but it cracked the whole casing in the boot. I was lucky he didn't claim against me, but I paid the repair costs (it would have been daft for him to put in a claim seeing as he'd then have to pay the higher rate of insurance in the next year!)

I drove into a stationary car, I was doing 5 mph and pulled around her just touching her car, she successfully claimed for whiplash

aldiwhore Arf at DH claiming against you! Frosty atmosphere AND increased insurance premium too I should imagine!

Posies That's the kind of thing I am worried about....

I am a Motor Claims Handler for an insurance company and unfortunatley you would be at fault for this incident, regardless of why she stopped you should have had a safe breaking distance .

Re the damage i would advise you to get incontact with the insurance co and send them the photos, they should have a LIC department (low Impact Claims) who will investgate this, they will most likely inspect yours and her car (if she hasnt had it repaired yet) to make sure the damage is consistant with the speed and type of impact. With regards to injury if the speed of the vehicles is over 5mph then whiplash can occur, under that speed then it is unlikely and medical evidence needs to be provided regardless. They will also do seaches on the TP (third party) to make sure she hasnt had previous claims or is linked to any kind of fraud ring etc if she is then investigators would be appointed.
Your premium will not go up any more if they do all these investigations it just means they may be able to repudiate any injury claim presented, or at least pay as little as possible to the tp.
Fraudulent claims is a BIG part of why insurance premiums are going up every yr, there have been more and more of them over the last few yrs due to the financial climate and the more you can do to help your insurance company the better.

Ray81 Thank you that is really helpful advice.