To ask if this is top CF?

[willithappen]

Posting for traffic mainly and hoping for help/advice too

A couple weeks back I was in a very small car accident, where only the slightest of scratch on the car has occurred. To the point I didn't even bother putting in a claim because it's bare minimum damage

I had parked in a spot in a local town square, facing a shop. The road behind me is a one way road so to get out I had to reverse ever so slightly to the left and out onto the road. As I was doing so a car had driven past, waiting for it to go and then started reversing. This car then reversed back and went to go into the space next to me. Because they reversed at the same time as I was the front right of my car and the side right of theirs scraped against each other. Their car was is quite older, mines a 17 plated BMW so there was more of a scratch on theirs (possibly because they kept reversing while my car was more stationary.

Anyway, they have put a claim in for theirs. Was kind of expecting this but hoping that with logic it could be seen it wasn't entirely, if at all, my fault. I have just received a call today to tell me that the third party has put in an injury claim against me and is claiming they were injured in this!! I'm totally baffled and in disbelief considering the minuscule damage done and that fact my car couldn't have even been doing 2+ mph at the time either.

Is it possible an injury could occur or are they changing their luck with what they could get? They got out the car and we exchanged details and there was no sign of injury at all, she didn't say she had either and said it was a case of both of us reversing.

As it happened in front of the shop and I know one of the girls behind the till saw it all I'm going to get her details to put in as well.

If I'm the worst case scenario I was found at fault and they say she's injured from this because of me (which I'd be extremely baffled by but I don't know how all this works), what would happen to me? Claim against me, would I pay the excess on my insurance if it pays out to them and would I be due the other driver anything for injury?

Sorry, first time in any incident with another driver so totally clueless and upset by it all. I was in the car with my 5 month old dd at the time as well so my main concern was making sure she was okay (which she was - as it was literally bare minimum scraping)

Worse case scenario, you will have to pay excess and loose a portion of your ncb.

did you inform your insurance company of the accident? You were both reversing, so I’d question how it could be anything but 50/50 but that is the insurance companies job to decide.

it does sound like they are cf?

It’s too late now, but this is exactly why you report every incident to your insurer, so your version of events is on file right from the start, and you give them photos. Of course they’re trying it on, but you’ve made your insurer’s job of debunking it more difficult.

It sounds like they are trying it on. Notify your insurance company of precisely what happened and get your witness and any CCTV around if possible.

I reported the incident immediately and they have all the details and photos. The only thing I messed up on was that I didn't take a photo of her car damage at the time.

But I informed my insurance straight away so they have my version. Was just wondering what would happen if they believe she was injured. I've spoken to the shop assistant who is happy to speak with them and say that she didn't appear injured afterwards.

Just worried about being forced to pay a load myself or any court action.

As the PP says, you must report every incident. I had a similar thing happen when my DD was 5 months old. I reported it to the insurance company but nothing came of it. I highly doubt that any injury has been caused. Sounds like a CF looking for a spot of compensation.

I’m sure it will end up 50/50 especially if there was a witness.
CF

You only have to pay your excess regardless of their claim.

only think I’ll say is a car hit the back of me in stationary traffic because they were trying to stop someone cutting in front of them 🙄 I had 6 months of physio because the knock got me ‘just right’ and I already had back issues so it just exacerbated them. I did ask the physio about it and he said he’d seen people roll their car and come for an assessment to be fine but then someone else have a minor accident and it flooding them for months.

They're trying it on. Try to gather all the evidence you can and ask the businesses around the area whether they have CCTV of the incident.

Your only real danger is if your insurance company invalidates your policy because you failed to declare incidents where damage occurred. Most policies have a clause stating you have to inform the insurer if an incident occurs which could have resulted in a claim - even if it didn't. The fact you didn't report the original incident with the scratch may fall foul of this and insurers are notorious for trying to get out of payment any way they can.

Of course, the person claiming you injured them has to prove their case against you, which sounds unlikely.

*thing and flooring 🤦🏻‍♀️

You’ve done everything you can, just get yourself a cuppa, make sure you have the excess put aside just in case and it is very unlikely to go to court.

I reported it on the day, I just noted I didn't want to claim for any damage to my car because it was so minor.

There was no bump, just scraping - some of their paint was on my car. She got out the car fine and stood there and exchanged details with me. I was probably the one who appeared more shaken at the time but that was the nerves of the situation.

So if she gets any injury claim it would just go as a claim against my insurance like normal?

I think it's probably more likely a 50/50 decision if being reasonable but do still believe she was slightly more in the wrong as she reverse back on a one way system

The OP did report it. It states so in their second post.

It’s called Whipcash. She’s trying it on as it’s hard to disprove as the Dr who makes diagnosis is paid about £300 for his time and almost always sided with the claimant.

I dont think you need to pay anything on yours unless you are claiming for damages or injury. If you were claiming you would have to pay excess fee but as you have decided not to the insurance company will pay for her damage/injury claim. You will likely find your premiums go up though when you renew as you will need to declare it.

Tbh with the new whiplash tariff it's hardly worth your insurers defending it.

Yes and such people trying to steal money (as that is what it is, nothing less) result in higher insurance premiums.

If only lying in insurance claims resulted in a driving ban, perhaps there would be less attempts.

In regards to your excess you will only need to pay if you are claiming for repairs to your vehicle unless 6our policy has a third party excess clause which are very rare to be included in most policies. In respect of the accident it will more than likely go down as a 50/50 split liability which will mean your insurers will pay for 50% of and damages to the third party vehicle plus 50% of any injury claim that they can prove via medical reports.

Thank you. I did read this somewhere but wasn't completely sure if it was accurate so thank you for also noting.

Hoping premiums don't go up too much, but I have to declare the incident whether it's my fault or not since it's been reported I believe so I will see how it affects things.
I'm such an over thinker it's been panicking me.
She had text me a couple of days after to ask if my daughter was okay - no mention of injury to her in that text either. Wondering if she was thinking I'd claim injury against baby from it

Is your no claims discount protected? I think most companies dont allow you to protect until you have built up 3 years

The amount the premium goes up by will mostly depend on who they find to be at fault

I didn't protect my no claims discount no :( rookie mistake. As I said first incident since I passed my text in 2011 so just never thought about these things.
It will go down to three years no claims if they find me at fault. I'm assuming it will be the same case if it's found 50/50

If you were stationary and they were moving they have no claim against you.

Sorry for the typos in that one 🤦🏼‍♀️

Huge thanks to those for explaining though and easing my mind a bit. Will get the witness details in and hopefully the story will tell itself. I have a video interview with them on Monday to give my side again

I'm a bit more calm about things now thank you!

I think this will depend on ops position on the road as she was mid manoeuvre by the sounds of it and in the road?

Liability will be tricky to sort unless there is impartial evidence of you being stationary (like cctv / dashcam footage), although even with it it is likely that liability will be split as you both had a duty to ensure that the space you were reversing into was clear of obstructions.

In such a low velocity impact, injury is unlikely but not impossible and that's what you pay your insurer to deal with.

When you speak to them, tell them how minimal the impact was and offer either images of your car or to allow an Independent Assessor to inspect it so you can confirm the lack of damage caused.

Hopefully between that and the realisation that the third parties car repairs weren't extensive either, your insurer can contest the injury claim. It's a hassle but the company I work for argue this regularly.

Also, as PPs have said, you shouldn't have to pay anything outright as excess generally only applies if you claim for damage to your own car.

With regards to next years premiums, how they're calculated varies from insurer to insurer so some will charge a lot because you've had an accident, some will lower those charges if the claim didn't cost much etc however, liability itself is only part of what they consider and you can't alter most of it anyway.