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little bump with car - who's to blame?

14 replies

Mirrorball · 06/07/2010 17:00

we were both reversing out of opposite spaces... impossible to know who was at fault, but the lady in the other car said she stopped and I kept on reversing, I said but I checked around before moving and she was not moving at that point, and I am pretty sure we both slammed on our brakes at roughly the same time, there was obviously hardly any speed involved, but a little damage to both bumpers.

We exchanged details anyway and she then called me saying she'd got a quote and would we pay for it or go through insurance...

Husband says I have to stick to my guns and not take liability but it's so difficult to work out who's to blame, if anyone, in this instance...

I responded to her that a 50:50 solution would be best and we pay for our individual damage.

Anyone know any more about this than me??!!

OP posts:
AMumInScotland · 06/07/2010 17:05

I think if you were both reversing towards each other, then the insurance company will probably say it was 50:50. I certainly wouldn't pay for her damage, or admit liability - if she continues to ask you to pay for her damage, then go through the insurance.

Mirrorball · 06/07/2010 17:32

yeah, just got another response from her via text saying I think you'll find you were liable since you reversed into a stationery vehicle.

At the time I had just been to doctor and was crying... doh! So I probably looked like I was overly upset and accepting liability when I wasn't!

I am not happy to take liability as it was not clear cut who's fault it was - I guess it's an insurance job then!

OP posts:
Sidge · 06/07/2010 17:37

I was always told never never accept liability unless it's 100% clear cut that it's your fault.

In your situation it sounds like a 50-50 liability so I would leave it in the hands of the insurance company.

scurryfunge · 06/07/2010 17:40

Let the insurers decide...stick to your guns.

StealthPolarBear · 06/07/2010 17:41

were there any witnesses?

Mirrorball · 06/07/2010 17:57

her friend was there and was doing most of the talking.

OP posts:
trixymalixy · 08/07/2010 21:46

Don't admit liability and definitely don't pay to have her car fixed.Let the insurance companie work it out. They are most likely to decide 50:50 blame by the sound of things.

muffint · 15/07/2010 20:15

Most insurance companies don't want to pay for legal disputes and will go for a 50:50 arrangement - especially if it's just a bump. Just let your insurance company deal with it. Best of luck.

maxpower · 15/07/2010 20:18

let the insurers deal with it (and leave out the fact that you had just left drs and were crying before the knock....)

Tootlesmummy · 15/07/2010 20:21

I'd just tell her to speak to her insurers and you'll do the same. The insurers will say it's 50 50 and will settle on that basis more than likely.

ConnorTraceptive · 15/07/2010 20:25

Tell her you'll go through insurance and ask politely to not make further direct contact with you

SugarMousePink · 16/07/2010 22:28

This reply has been deleted

Message withdrawn at poster's request.

Palace39 · 16/07/2010 22:35

Do not admit liability, it is likely a condition of your insurance policy that you should not do this is any event anyway. Call your insurance company, report it and give them her details. They will do the rest. If she contacts you, direct her to her own insurers, and tell her you have contacted yours. The Insurers will deal with each other and you should not speak to her directly on the subject. Likely it will end up being a 50:50 settlement in this event but the whole idea of insurers is that they fight your battles for you.

I'm an insurance broker by the way.

EmmaKateWH · 25/07/2010 19:41

I am a barrister.
If you admit liability you will almost certainly void your insurance policy. Notify your insurer immediately (again - if you don't you may well lose entitlement to cover). Don't assume you will want to deal with it outwith the remit of insurance - you should still notify them. She might suddenly make up a spurious whiplash injury or something else that will make it much more expensive than you think.
Do not enter into any further discussions with her, in any circumstances - this is v foolish and likely to put you in difficulty with insurers.

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