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)

But OP wasn't stationary.

Provided a diagram because I know how frustrating it is to read and respond to posts but not quite understand 🙈

Top bit is a layout of the area. The arrows show it's a one way system. I was in the section on the right, parked in with front facing the shop (no reverse parking only in place here for fine and very common to do). I was reversing out, only just got out a little. Had looked to the left, clear, looked to the right and focussed on there as it's a one way system and cars come that direction. The other car had driven past me but obviously then stopped to reverse park into the spot next to me.

There is usually a bit that makes it hard to see on the left when you reverse out of here so you need to reverse very slowly in the event a car drives past while you are reversing out. I'd stopped (my very bare creeping out reverse) to then check right again and it was at this point the cars scraped. So she has began reversing in as I was coming out and looking to the left and rear

Very prepared for it to be deemed 50/50, just was shocked at the injury claim.

So did they start reversing in before you moved out?

No, as the space was empty when I started moving

I don't think anyone has answered your question about court costs (sorry if someone has and I missed it).
Say it's the worst case scenario and you're found completely at fault and they accepted her injury claim as valid, even then your insurer would cover court costs, if it went that far. It never usually gets to court because one insurer will generally admit liability before going through that, especially if they think can't defend the claim and would be likely to lose. You would only pay your excess, if you wanted your car repaired. If not, you won't pay as your insurance covers her costs, but your premium will always go up, even with a no fault incident (as I've found!).

I think it’s probs her legal team you get with insurance that’s prompted her to go for injuries as I was in a really similar accident and wasn’t injured and can’t tell you how many times they tried to push me to claim for injuries I didn’t have! I said no and that was it but I remember thinking it’s so wrong and the whole reason peoples insurance is so high. Deffo stand your ground and say you don’t accept sole responsibility it was an accident with both partys at fault or if you felt inclined counter sue her 😂

She’s scamming the insurer. If she was reversing in and you out, neither should have enough speed to cause injury. Make sure you state this. Get any cctv as well.

Insurers are wise to low speed whiplash claims.
Try not to worry.
Fault in insurance terms is not the same as blame.
Just give your side of the story.
If a claim is below a certain amount, insurers normally pay out with no quibbling to save on staff costs and time.
As you were both moving, I can't see this being anything other than 50:50.

I’m sure that if they put in a fraudulent claim for injuries and they are found out, their insurance will be declared null and void. I’m nowhere near an expert, but I think insurance companies have cracked down on ‘whiplash ‘ claims.

No you dont pay anything unless youre having your car repaired aswell

as for the injury claim just let them get n with it not alot you can do but your premium will go up either way im afriad

I had a similar situation once. I was approached by a woman as I was getting out of my car and she claimed I had clipped her wing mirror. We checked her car and mine and no visible damage so to either car didn't think any more of it. I was in uniform with my name badge on show. A few days later I got a call from my insurance company. She was claiming her airbag had deployed and she had injuries. I was flabbergasted. The insurance company were very good. I told them what had happened and they said it sounded like she was chancing her arm. I never heard any more about it. I was just astonished that someone would so blatantly lie. She had obviously taken note of my name etc and I was easy to track down.

If it was by a shop, is there any cctv footage covering the road? Matpy be worth checking, and if so, let the insurer know.

Some people will chance anything! Luckily I do have the details of the shop assistant now and can provide those. It's the costwald group who contacted me today so seems like it is being investigated. Contact from them is the first I heard about any injury. Her insurance had also called me last week directly but I informed them to go through my own insurance for anything they needed because I'd already provided all details. Wondering now if they were chancing catching me out in something and going to use that along with the injury to avoid payout themselves and for it to come from my insurance claim.

There's only one camera in that area and it faces the shop on the corner of the right side directly - doesn't look onto the area we are parked at unfortunately.

The camera is right on the corner but faced directly at their door entrance

It will be their insurer trying to avoid paying out. The injury claim could be something as simple as the £25? charge the GP makes if you see them following an accident so not necessarily a scammer - but if it is being investigated its likely the insurance people think someone is trying to pull a fast one. Just hold to your story of the event. The worst your insurance can do is charge you for your excess and bump up your premiums going forward. (If they are going to do that however you might as well get your damage repaired through them too).

The damage to mine id honestly something t-cut would solve, literally so minor.

Apparently her car is written off... it's an older cat so can only assume it's value isn't much but ugh just annoyed at someone chancing it really.