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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think the person that hit my car should pay for it?

85 replies

BunnyMum2000 · 12/05/2023 11:25

I don't understand car insurance - I'll start with that.

So my car was parked - and hit by a van - who just drove off!
Luckily it was outside my house so I have clear CCTV of it.

I only had third party party insurance (I now know that was silly)

Anyway - I contacted my insurance to notify them. I couldn't claim with them, but they were very helpful and passed me onto Enterprise (the rental company) who said they would pursue a claim against the van divers insurance.

I've just chased them up, (Its been a month), and they've said that they contacted his insurance company - but they haven't responded, so its now "out of their timeframe"

So .. he just gets way with it? :-(

OP posts:
Youcancallmeirrelevant · 12/05/2023 11:27

I don't understand where the rental company comes in to it?

Third party cover only pays out if you caused the damage, if someone else damages your car you have to pay.

mummyh2016 · 12/05/2023 11:28

Can't you report it to the police as he failed to stop?

myBumJuiceSmellsLikeRoses · 12/05/2023 11:28

No he doesn't just "get away with it" - that isn't right.
Sounds like they are fobbing you off.

Alargeoneplease89 · 12/05/2023 11:29

Can't you persue a small claims against the van driver?

Antisocialfluffmonster · 12/05/2023 11:29

I was once stopped with hand-break on, hit by a cyclist with no breaks, who did over 1k damage to my car. The only reason I wasn’t in trouble for technically “hitting” a cyclist is an off duty police officer watched him run a red light and hit a stationary car with parking break on.

m I was fully comprehensive insurance, cyclist was uninsured, and insurance still ruled it was out of scope aka my fault for being hit whilst stationery. Then they marked it as a claim despite zero payout and I had my premium increased the following year.

insurance is a scam, but they have their terms and conditions so tied up in knots that it wouldn’t surprise me that they will let them away with it. I hope you also reported to the police with evidence, if not do it now. Even if the insurance won’t do anything, the police could still charge them with failure to stop.

mid do that just out of spite

myBumJuiceSmellsLikeRoses · 12/05/2023 11:30

Youcancallmeirrelevant · 12/05/2023 11:27

I don't understand where the rental company comes in to it?

Third party cover only pays out if you caused the damage, if someone else damages your car you have to pay.

You've got the wrong idea of third party insurance.

If you cause an accident, only the damage caused to other people is covered.
You do not get your own car covered.

However, if you did not cause the accident - the other driver is responsible for all damamges.

Margarita45 · 12/05/2023 11:31

Enterprise is also a credit hire company.

Original poster
BunnyMum2000 · 12/05/2023 11:32

I did report it to the police and they are pursing it - so hopefully he gets charged / fined.

I didn't really understand why I was referred to the rental company - but they said they would pursue a claim against his insurance on my behalf - because they could see on a database that he had insurance.

OP posts:
WarmBeerAndSandwiches · 12/05/2023 11:32

Youcancallmeirrelevant · 12/05/2023 11:27

I don't understand where the rental company comes in to it?

Third party cover only pays out if you caused the damage, if someone else damages your car you have to pay.

No, of someone damages your car and they’re at fault then their insurance should pay out. Third party insurance means your insurance pays out if you damage another vehicle but doesn’t pay out out if YOU damage your own car.

user1497207191 · 12/05/2023 11:35

No I don't understand the car rental company involvement either. I can only presume they passed you on to get a hire vehicle whilst yours is in for repair and piggy back your repair bill onto an overall claim against the other driver for for car hire and repair bill together. That also makes sense with the car hire as they usually have a limit of one month for giving a hire car which is usually long enough for repairs etc in what is presumably a minor shunt with just cosmetic damage?

To be honest, I think you've been fobbed off by your own insurance company. Yes, you're not covered under it yourself by being only TPFT but they should help you claim against the other driver by giving you their insurance company details, so you can claim directly against the other driver's insurance company.

I think perhaps you're being too passive with this and assuming "someone else" will do the heavy lifting work for you. They won't. The car hire company are only interested in renting you a car at a stupidly high rate in the knowledge it would be claimed back from the other party's insurance.

I'd advise you to get back onto your own insurance company and ask them for details of the third party insurers and then contact them directly to make a claim against their driver. Also, if you havn't already done so, file a report with the police for failing to stop after an accident, which is a crime, so at least you should get a crime number to give to their insurers!

user1497207191 · 12/05/2023 11:37

I don't suppose you'd added legal protection cover to your car policy did you?

Original poster
BunnyMum2000 · 12/05/2023 11:38

Just to clarify - I didn’t get a rental car from Enterprise. They’re were just pursing the claim (or not as it seems)

OP posts:
Original poster
BunnyMum2000 · 12/05/2023 11:39

user1497207191 · 12/05/2023 11:37

I don't suppose you'd added legal protection cover to your car policy did you?

Nope :(

OP posts:
Mardiarse · 12/05/2023 11:40

Doesn’t Enterprise usually include the cost of insurance in the rental. It sounds like they are trying to fob you off. That driver damaged your car and his insurance is liable to cover your costs, your own insurance is irrelevant.
And 3rd party doesn’t mean you are not covered if someone else damages your car, it just means you are covered for any damages you cause to others, but they will not cover you for any damage to your car and yourself.

Dixiechickonhols · 12/05/2023 11:41

You just need to claim against the responsible party the van driver and his insurers.
Chase them up. If they aren’t responding you can issue a small claim.

Youcancallmeirrelevant · 12/05/2023 11:42

I just copied the advice on the RAC website to everyone saying i was wrong

To think the person that hit my car should pay for it?
TooOldForThisNonsense · 12/05/2023 11:43

Similar happened to me years ago, although I did at least have comprehensive insurance, although the damage was not worth claiming it for. Someone in a van reversed into my car, I saw him and tried to chase him, he drove off, I got his number. Reported it to the police who did bugger all as the driver denied it. There was paint from his van on my car and from my car on his van. The police didn’t even ask him to provide insurance details. My insurance did bugger all as I didn’t claim it. So I wasn’t able to get his details to do anything. Felt quite unfair. With the benefit of hindsight I probably should have claimed my insurance as that would have least at meant his insurance got involved.

Dixiechickonhols · 12/05/2023 11:43

Sounds like you may have got mixed up in murky world of credit hire. Did someone offer you a replacement car on premise you would claim back cost along with cost of repairs. Look carefully at what you’ve signed up to.

AlltheFs · 12/05/2023 11:45

Dixiechickonhols · 12/05/2023 11:43

Sounds like you may have got mixed up in murky world of credit hire. Did someone offer you a replacement car on premise you would claim back cost along with cost of repairs. Look carefully at what you’ve signed up to.

I understood the post to mean that the van that hit her car was on hire, hence the hire company involvement.
Can you clarify that @BunnyMum2000?

OMalleysAlley · 12/05/2023 11:45

If you're TPO then your insurer won't involve themselves.

You need to pursue the claim with the TP insurer yourself. Have you got his insurance details? Call them.

DcatAnnie · 12/05/2023 11:46

Was the van a rental? How did you find out who owns the van / who the driver was?

If it is a rental it will be covered by the rental company insurance and they should give you the details for you to make a claim. I don’t think they can just say it’s out if their time limit.

loudbatperson · 12/05/2023 11:46

Enterprise wouldn't be handling your claim against the third parties insurers for you. It's very strange they have offered that, unless they passed you over to a claim management company.

If so, there are a lot of shady operators in this field and you could end up with a large bill.

You can look up the vans insurer yourself and contact them to directly make a claim.

Mardiarse · 12/05/2023 11:48

Was the van an Enterprise van rental, that was how I understood their involvement from your op.

Banditdog · 12/05/2023 11:49

Youcancallmeirrelevant · 12/05/2023 11:42

I just copied the advice on the RAC website to everyone saying i was wrong

You are still not getting it.

Yes because OP only has third party insurance, her own insurance company will never cover her losses should she have any.

What people are saying is that the van drivers insurance should cover the OP’s damage.

PawPrintsInMyPansies · 12/05/2023 11:49

your car is covered TPF&T, so accidental damage to your car is not covered by your policy.

if you are involved in a non-fault accident, which this appears to be, then damages can be claimed from the insurer of the fault car.

I don’t know where enterprise
comes into it (likely credit hire or credit repair as mentioned by a PP), but if you haven’t had a hire car OR had your car repaired by an accident management company, then what you need to do is report the incident to the police and ask them to proved the other persons insurance details. This is free. You then contact their insurers and report the incident to them. They will contact their insured and if he admits liability, deal with your repairs.

As the other party failed to stop, they may deny involvement, so keep hold of any evidence you have which shows they hit your car. It will take longer to deal with, but with evidence your claim should succeed.