Paying for previous damage

FreddieFact

I had a minor bump in a retail park, no question that it was my fault but there was no visible damage to either car, though it was dark and the other driver was a bit shaken up so I left it up to them to get it checked out the next day. I asked them to let me know the probably costs as I have £150 excess and an unprotected 5 year NCD so thought it mght be best to settle privately. After a couple of weeks I have been informed that the assessor had found a 'bubble' in the rear quarter which would require extensive repairs, a figure of £1800 was mentioned as well as the possibility of it being written off (06 Corsa).

The passenger in the other car mentioned more than once that it was the 2nd time they had been hit that day, the driver in the first accident claiming whiplash. I find it hard to believe that the impact from my accident caused this amount of damage and wonder whether they are taking the easy way out and claiming for damage actually caused in the first incident. From the initial conversation I had with my insurers they had not been informed of this so I intend to tell them when I receive the report form and discuss things further.

My concern is this. If they find that I am not responsible for the damage claimed for, and refuse to pay out, could the 'victims' take out a private claim against me, or would the assessor's report from my company exempt me?

Oscar_The_Grouch

If it is found by the insurer of the other party that the damage was not caused by you, the other people do not have a leg to stand on. They could take out a private claim against you with the court, but what would be the point without the backing of their insurers?

saver_sam

Perhaps a long way off yet but there is case law to support you.

Performance Cars v Abraham (1962)
Hit once, damage to car. Hit again by 2nd driver; as 1st driver hadn't paid tried to get 2nd driver to pay for original damage. The 2nd driver was not liable for the costs of the 1st accident.

FreddieFact

OK, thanks for that. I have no idea if there has been any disclosure by the claimants, I'll leave it up to my insurers to assess any possible overlap. I would have just let nature take its course but I feel like they might be trying to take advantage here.