Car rolled back into mine while queuing in traffic

soolin

Then that would make the OP a criminal, rather a stupid idea surely?

Soo

Gorgeous_George

Revenge must be legal so something a little smarter than attacking a car with a hammer would be better. The passage of time makes any connection to you less likely but also the anger diminishes.

chunky_munky

Debt_Free_Chick wrote:

I think your problem will be proof. If your insurance company don't think there's enough proof to extract the money from her, why might a Court think differently?

Yes, proving it is the problem. I know that at the end of the day it's my word against hers, but if it's just me and her in a room with a judge then she's bound to trip herself up with her lies, eg, no recollection of the incident but her handbrake was definitely on!

My insurance company would be happy to pursue the claim but is it worth making a claim on my policy for the sake of £60 (£260 repairs less £200 excess)?

Thanks again for everyone's comments - I really appreciate it!

Debt_Free_Chick

chunky_munky wrote:

Yes, proving it is the problem. I know that at the end of the day it's my word against hers, but if it's just me and her in a room with a judge then she's bound to trip herself up with her lies, eg, no recollection of the incident but her handbrake was definitely on!

My insurance company would be happy to pursue the claim but is it worth making a claim on my policy for the sake of £60 (£260 repairs less £200 excess)?

Thanks again for everyone's comments - I really appreciate it!

Do you pay the excess when there's someone else at fault?

chunky_munky

Debt_Free_Chick wrote:

Do you pay the excess when there's someone else at fault?

My insurance company would 'endeavour' to recover the excess if the third party accepts liability but as she's now denying liability how can the excess be recovered?

chunky_munky

soolin wrote:

Your word against theirs, you have damage to the front of your car, they have damage to the rear. On the basis of likelyhood I think anyone would assume the car behind was at fault unless you have solid evidence to the contrary.

I have been driving in London for very many years and have had 3 or 4 minor shunts by cars behind me in queues or at roundabouts. In each case it was automatically assumed that the car behind hit me, as the alternative would be that I put my car into reverse gear and motored into them. Yes cars can roll back, but to do any real damage they would have to be moving at some speed, and I think that's where the problem of proof lies if you are the car behind.

Soo

I understand what you're saying about powered reverse to cause real damage. The damage to my car isn't major (will cost £260 though!) - there's a dent in the front bumper caused by her towbar. It's obvious the cars hit but I appreciate proving she rolled back and not that I went forward is the problem. Although, if that was the case I obviously wouldn't be making such a big fuss about it! :mad:

Debt_Free_Chick

chunky_munky wrote:

My insurance company would 'endeavour' to recover the excess if the third party accepts liability but as she's now denying liability how can the excess be recovered?

Sorry if you've posted that before - I either missed it or had forgotten (bloomin' age-thing )

In which case, you simply need to weigh up the cost of losing the small claims case. I think it's "nothing" - I don't think that you'll have to pay damages or costs to the other party if you lose.

Perhaps someone else can confirm?

jackieb

This is so maddening!

Last week something very similar happend to my mother-in-law. A young girl parked behind my MIL. My MIL was walking towards her car when she saw it shudder. Her 86yo aunt was in the car at the time. My MIL went over to the back of her car and saw the bumper had been damaged. The girl got out of the car and said 'did I do that?' She then told me MIL that it would T-cut out! She then said that her dad worked in a garage and he could fix it.

She gave my MIL her mobile number and name. MIL took her registration number. They then got a quote which said it would cost £150 to repair.

They phoned her mobile number but she'd given them the wrong one. They phoned the police 2 days later as they couldn't trace her through the phonebook and they didn't want the girl to get into trouble with the police.

The police traced the girl. She had denied that she'd done any damage even though my MIL was only standing 10ft away and saw her car shuddering. My MIL's aunt is almost totally deaf and blind so she would have been no use as a witness, even though she was in the car at the time.

The police checked the girl's car and there was no damage (surprise, surprise, her dad fixes cars).

The police say there is nothing they can do as it's one's word against anothers.

MORPH3US

OP, what car do you drive?

I'm just thinking that if it has the black plastic bumpers as opposed to the CC'd ones then you might be better off just buying a new / 2nd hand one yourself and fit it yourself. Should only cost about £50 that way and it'll save you losing your no claims etc!

Just a thought!

M

chunky_munky

MORPH3US wrote:

OP, what car do you drive?

I'm just thinking that if it has the black plastic bumpers as opposed to the CC'd ones then you might be better off just buying a new / 2nd hand one yourself and fit it yourself. Should only cost about £50 that way and it'll save you losing your no claims etc!

Just a thought!

M

CC'd ones I'm afraid - new bumper would cost £400 plus paint etc. Probably end up costing around £600.

Thanks for the suggestion though.