Neighbour hit my partner's car - they're blaming her!

GlennTheBaker

Hello all.

Last week my partner reversed her car off our driveway and onto the cul-de-sac where we live. Just as she was about to put the car into first gear to move off, a neighbour reversed his car off his driveway and straight into the side of my partner's car. The damage can be seen in the photo below:-



The driver is a young-ish lad who lives with his parents. Despite this happening at 7.20am, his parents (who had taken charge of the situation) insisted that "we get this sorted straight away". My partner explained that her insurance company didn't open until 8am but they were adamant, and pretty arsey about the whole thing.

Anyway, insurance company was informed at 8am. A few days later, she rang them to see how things were going, to be told that our neighbours were holding her 100% to blame for the accident! She was obviously angry at this and told them no way, he was totally to blame - she was already on the highway and he had gone straight into the side of her. He'd clearly not looked when reversing off his drive.

Has anyone got any tips on what to do (or what not to do) in this situation?

Sorry for the long-winded post but if anyone can help, I would really appreciate it.

Thanks.

skylight

Her insurers shold be dealing with this anyway as she is not to blame. Most policies now (including mine!) state that if I admit blame in anyway then they will not pay out - and my small print implies that if I tell my insurers its my fault they wont pay out! Maybe they interpreted this in a similar way.

Double check what your insurers are doing in your favour and leave it at that - these companies play like this to get the payouts down!

MrsTinks

As you have pics of the car then also get pics of THEIR car and where the accident happened. Whilst it is fresh in her mind write down a statement of EXACTLY what happened! To be honest it should matter if she was moving or stationary at the time, the other driver would be at fault for entering a public road or highway without due care and attention. If against all hope there should happen to be any witnesses then ask them for a statement too

Whatever you do DON'T admit that there was ANY fault on her part. Chase the insurance company regularly for updates regarding your claim against the other driver.

Good luck

mattymoo

An examination of the impact areas and type of damage should prove your version of events. Insurers are not fools, they will consider this before deciding where blame lies.

The only problem lies with the policyholder. Suppose the lads insurer agree he is to blame and wish to settle your claim. They need his permission to do so because if they settle without consulting they may prejudice any claim he is making against you - even though that claim has no merit.

If this does happen, consider starting procedings under the small claims procedure in the county court. Check to see if you have legal expenses cover with your own insurance as well - then you get the use of a solicitor FOC. If not, don't worry, small claims procedure is pretty simple and you only stand to lose the issue fee if the case goes against you.

GlennTheBaker

Thanks to everyone who answered. I'll post a reply to this thread when something happens.

HGLTsuperstar

Why is it going through her insurance, his fault therefore he claims!

GlennTheBaker

HGLTsuperstar wrote:

Why is it going through her insurance, his fault therefore he claims!

Unfortunately, although it is crystal clear (to me, at least) that he is to blame, he has said to his insurance company that my partner is 100% to blame. My partner has informed her insurance company that she holds him completely responsible, therefore it is up to her insurance comapny to fight her corner.

elaine373

Has your partner asked her insureres what the procedure is when fault of accident is being denied by both parties?? Surely they have some sort of procedure?? I would imagine this kind of claim takes a fair amount of time as its unclear to them who is at fault.

Tahiti

is your partners insurer completely unrelated to the neighbours insurer? You don't want them to go 50:50 on the claim!

Personally, I'd write down precisely what happened, enclose some drawings/pictures of the scene, and go through legal cover if she's got it.

The cost of repairs looks to be quite high so I hope things get sorted quickly and painlessly.

GlennTheBaker

An update for anyone who's interested:

My partner received paperwork from her insurance company. The other party are blaming her 100% for the incident! I don't see how him backing off his drive and into the side of her car can be in any way her fault. Anyway, she has done a written account of what happened, drawn a diagram and has said that he should be the one to carry the can.

Watch this space................:rolleyes:

MORPH3US

Keep us updated Glenn!!!

M