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Find financial and money saving discussions including debt and pension chat on our Money forum.

Find financial and money saving discussions including debt and pension chat on our Money forum.

Money matters

Woman reversed into me in car park, but won't accept liability. Please help

24 replies

possumhead · 27/09/2007 12:30

Hi,
Had an incident last week when at local hospital. I reversed out of my parking space obviously checking mirrors and blind spots, as I was completing my reverse manoover I checked the front end of my car to see a woman reversing out of a space on the opposite side of the car park heading straight towards my car
I was stationary at this point, went for my horn and only managed a quick beep as she reversed into the side of my car.

We exchanged details, however she kept saying it's knock for knock (i didn't have a clue what this meant). She actually said to me "I didn't see you!" told me to sit in her car and look, which i did, but i could see my car from her mirrors! There was no damage to the back of her car, but on my car she has damaged both doors on the drivers side (due to the position of where she hit me). She said to get some quotes and was happy to contribute to the cost of repairs.

Anyway the cost of repairs is £500+ therefore she has said it best go through the insurance. I am only 3rd party, fire and theft and have spoken to my insurance company today. She will not admitt full liability therefore I am unable to claim for the damage to my car. I said that I don't want to claim from my company and that her insurance should pay. As there are no witnesses it's my word against hers. She's saying that we reversed at same time and we both should have seen each other, (BUT I DID SEE HER!!!
What should i do now??

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tortoiseSHELL · 27/09/2007 12:33

You need to put a claim into your insurance company, they will send you a form to fill in, in which you put all the details of the incident, including a diagram. If the damage is to the side of your car then that would suggest that your story is correct, and therefore her insurance would pay. But your insurance basically needs to contact hers I think.

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law3 · 27/09/2007 12:36

i dont think its her decision, its up to the insurance companies to decide whose to blame, whether she wants to accept it or not, I THINK!!!!

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Threadworm · 27/09/2007 12:37

I had a similar case where I stopped before the other driver went into me (not reversing) and other driver denied liability.

Insurance companies found in my favour eventually and I think it was because I put in a very detailed account, with drawings.

Hang in there. She is possibly just trying it on in the hope that you will settle for 'knock for knock' (each paying for your own damage)

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serenity · 27/09/2007 12:39

If you're only third party with no legal cover is your insurance refusing to deal with the other insurance company on your behalf? If that is the case you can deal with her insurance company directly I think. Have you got legal cover on your home insurance, they might be able to give you some help.

It doesn't matter if she said she couldn't see you - it's pretty stupid for her to have reversed out blindly in that case! The damage will show that she reversed into you so I can't see how she couldn't be liable tbh.

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possumhead · 27/09/2007 12:41

So should i phone my insurance company again and say that i wish to speak to someone in the legal protection? (i have cover).
Spoke to underwriters earlier and they weren't very helpful, just kept saying they couldn't pay for my damage as I'm not fully comp!

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onefootinthegravy · 27/09/2007 12:47

Legal protection is there to help you claim for any uninsured losses that may occur as a result of an accident.
The damage to your car will be classified as an uninsured loss because you only have TPF&T.
Your insurance company won't really be that interested as you only have TPF&T they will want a claim form filled in by you but they will only use it if they receive a claim from the other woman.
The legal protection company should issue you with a separate form, it will be them who will try and claim your damage from the other woman. You may or may not get you're money back it all depends on the outcome of what the insurers decide, one things for sure it could take some time sorry

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serenity · 27/09/2007 12:49

I'd definitely talk to them again. As you've got legal cover they should be pursuing a claim on your behalf - you're not asking them to pay anything out, you're asking them to get money off of her.

I only had 3rd party when I got hit by a van who subsquently drove off () I had the number plate and I reported it to the police so they tried to sort it out for over a year before they had to give up (he refused to answer letters, and won't produce his documents at the police station but the police wouldn't prosecute him for it as it was only damage to property - wrote my car off - and not damage to me ).

Talk to them!

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Kewcumber · 27/09/2007 12:51

If she hit you on the side - isn't it common sense that she hit you not vice versa (unless you were going very fast and unlikely in a car park) - you can't reverse into someone sideways...

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newgirl · 27/09/2007 12:51

possumhead - as it is third party damage you need to put in a claim to your insurers

fill in the form and draw a diagram of what happened

call and ask your insurer whether you should get the work done yet or wait for payment

take photos of the damage

if the woman tries to contact you ask her to contact the insurer

it will take a few weeks but if it happened like you say then you should be fine

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lemonaid · 27/09/2007 12:53

Yes, you want legal protection peopl. Put in a very detailed account, with lots of diagrams and drawings. Given that it's clear from the damage that she hit you rather than the other way around, the fact that there aren't any witnesses shouldn't be relevant.

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possumhead · 27/09/2007 16:52

Thanks ladies,
Think I'm eventually getting somewhere. I spoke to my insurance company again and asked to speak to someone in the motor legal protection team. I was asked what it was regarding so I explained, to be told "Oh, I don't think you're covered for that!!!"
She then spoke to her manager and came back to tell me that they will instruct a solicitor to call me regarding the matter within the next 7-10days. I said that I was happy with that because I want it investigated further. You can't just fob people off because they say they're not at fault!!
She is apparently saying we reversed at the same time and should have seen each other!
The fact remains... she reversed into the side of my car!

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NicknameRemovedByMN · 27/09/2007 18:00

Unfortunatly if she's prepared to lie you're unlikely to get anywhere without eye witnesses.

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Freckle · 27/09/2007 18:47

If you were both reversing, then it would be the rear of your car which was damaged. As it was the side, it is clear that you were not reversing towards her.

Put in your claim and the insurance company will have to decide whether to accept liability or not. If they don't, issue a claim in the small claims court. The chances are that the insurance company will consider that it is more cost effective to pay the claim rather than fight it.

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newgirl · 27/09/2007 18:51

it all depends on where you were hit - if she hit the side of your car it can only be her fault - you cannot reverse sideways

if she hit the back or the corner then it will be tricky - you may just have to pay own costs

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CaptainUnderpants · 27/09/2007 18:56

if it is a hospital carpark then it might have had CCTV coverage - try you never know .

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SaintGeorge · 27/09/2007 22:42

If she had accepted liability, her insurance company would not pay out. You never admit liability, even if it is obvious who is at fault.

She legally has to give you her insurance details regardless of who she thinks should pay.

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possumhead · 28/09/2007 11:35

She has phoned me and offered some money towards the repairs! I told her it is the hands of the insurance company. She has said that she has protected no claims and if it goes through the insurance it won't cost her anything!!! But is willing to offer this money as a good will gesture
I on the other hand, have not got protected no claims and could possibly lose out

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DCsnatchsunhill · 28/09/2007 11:48

But you won't lose your no claims bonus if she is at fault. It won't have anything to do with your policy at all, you are claiming off hers.
You would only lose your no claims if you (or she) claim /claimed off your own policy.
HTH

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newgirl · 28/09/2007 12:01

why on earth is she offereing you money then if she has protected no claims? sounds like guilt to me! dont tell her anything about your situation - asyou said ' all in the hands of the insurers'

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codswallop · 28/09/2007 12:02

id ask ehr if she is insured tbh

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TheMuppetMuggle · 28/09/2007 12:07

I'd advise you to contact you underwriters again so they can send you a claim form, also contact the other partys insurance company, fill in the form very details draw diagrams and if you can take pictures of the damage to your car and enclose with the form.

Your right your u/w won't take much interest as you only have TPFT cover but they have to correspond with the other insurer on your behalf.

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possumhead · 28/09/2007 12:34

Yeah, I thought it was odd that she was offering money when she stands to lose nothing if it goes through insurance!
I shall continue with the leagal protection team and contact underwriters again. Thanks for all your support.

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codswallop · 28/09/2007 12:35

maybe threatent he police
big fine adn 6 -9 points

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Fizzylemonade · 28/09/2007 18:20

See if the hospital has CCTV of the car park, you never know and it would mean that you could prove your story.

But contact the hospital ASAP as they may only keep the footage for so long.

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