Very minor accident - advice please

bishops_2

Hi,

First time poster, but long time lurker of these forums. Would appreciate some advice regarding a very minor accident that my wife had in the school car park this afternoon.

My wife was proceeding toward the exit of the car park, along a one-way section. Nearing the end of this section, my wife had to stop for a vehicle that was emerging from a space, and then reverse slightly to give the vehicle sufficient space.

My wife checked behind her, and continued to face the rear, while reversing at less than a walking pace. As I said, this was a school car park, and hence great care was being exercised.

However, a car then emerged from a space directly behind my wife’s car, and the two vehicles touched. Both ladies got out of their cars, inspected the damage, and exchanged ‘phone numbers. This process took around three minutes.

Damage to the other car was extremely insignificant – a small scuff mark (around fist size), and an inch long scratch adjacent to that.

Bumper on our car had been pulled away slightly at a rivet, had a fair amount of scratches over a surface area approximately 8 inches long, and a much larger scuff mark

I had a look at our car when I got in, and said that I wasn’t too bothered about the damage. The car is coming up for four years old, and doesn’t really owe us much. Suggested that my wife call the other mother, expressing relief that the damage was only minor, and leaving it at that.

However, other party called first, and appears to be adopting an aggressive stance. They claim that they were stationary at the time of impact, and that my wife reversed into them. They also claim to have a witness; something seemingly unlikely, as no-one seemed to be taking the blindest bit of notice at the time.

Other party claim that they are obliged to get the damage repaired, as the car is a lease car, and has to go back in exactly the same state as it was taken. In my, somewhat limited experience, I believe that fair wear and tear is expected by lease companies, and that a one inch scratch will be overlooked. Anyhow, the way that it was left was that the other party were going to obtain a quote for the repair work, and then get in touch again.

Would appreciate any advice re where we should go from here, and what we should expect. Should we get in touch with our insurers for instance, or should we get a quote to repair the damage on our car? What is the process for us contesting the other party’s version of events?

We are not bothered about seeking recompense for the damage to our car, but we don’t want our good nature to be taken advantage of. My view is that the other party are trying to get something for nothing, and that they are hoping that they can bully us into some sort of cash settlement.

Would appreciate any advice re where we can go from here, and what sort of a process we may have to open ourselves up to.


Thanks in advance.

bishops_2

Thanks for the prompt response.

I don't believe that the other part have a witness, and certainly not one that can corroborate a non-existent set of events. Are you suggesting that my wife obtain a false witness to back-up her story? Sorry if I am mis-reading this piece of advice.

Is it a fact that you cannot reverse in a car park to let someone out? My wife claims she had no choice, as otherwise the other vehicle would have backed into her.

My wife reversed a distance of around 6 foot before the other vehicle emerged and hit her.

Quentin

You must report the incident to your insurer. If you don't intend to make a claim, tell them you are letting them know of the incident "for information only".

Pass on any correspondence you get over this to your insurer unanswered, and just let them sort it out. You will be asked for your version should a claim turn up from the injured party. If there is a claim made, and you are held liable, if the damage isn't too expensive you can reimburse your insurer thereby preserving your NCB.

bishops_2

Quentin wrote: »

You must report the incident to your insurer. If you don't intend to make a claim, tell them you are letting them know of the incident "for information only".

Pass on any correspondence you get over this to your insurer unanswered, and just let them sort it out. You will be asked for your version should a claim turn up from the injured party. If there is a claim made, and you are held liable, if the damage isn't too expensive you can reimburse your insurer thereby preserving your NCB.

Many thanks for the helpful advice Quentin, this is just the sort of thing that we were looking for.

Do you think that perhaps we should get in touch with the other party again, asking for their insurer's details, to pass onto our insurers? That might show that we are not going to roll over.

Thanks again.

Quentin

You don't have to exchange insurers details, but no reason why you shouldn't ask. I take it you have the personal details (name + address of the car owner and the driver), together with the car details.

But there is little point getting into an argument over liability. Let your insurer deal with it, it's what you have paid them for.

bishops_2

Quentin wrote: »

You don't have to exchange insurers details, but no reason why you shouldn't ask. I take it you have the personal details (name + address of the car owner and the driver), together with the car details.

But there is little point getting into an argument over liability. Let your insurer deal with it, it's what you have paid them for.

Thanks again Quentin. All we have is a name and 'phone number. I will call later to get the rest of the details.

Wife is quite upset about this. Not so much about the accident or the damage, more about the free lunch culture that encourages people to try it on. Would be nice to see this all put to bed, so that we can forget about it, it seems though as if this is going to be hanging over us until we hear from our insurers (if we ever do!).

mrmichaelf

I work in a claims department for an insurance company. If they say they do have a witness, there's not alot you can do about this unless you can prove otherwise. 9 times out of 10 if a witness is involved then thats the end of it.

Were there any CCTV cameras in the car park? What about the person who your wife let reverse out?

As you stated it was a one way system in the car park and your wife was reversing up it. An illegal manouvre however daft it sounds.

The correct procedure would have been for the car pulling out to go back into its space, your wife carry on and the car emerge when there was space to do so.

bishops_2

mrmichaelf wrote: »

I work in a claims department for an insurance company. If they say they do have a witness, there's not alot you can do about this unless you can prove otherwise. 9 times out of 10 if a witness is involved then thats the end of it.

Were there any CCTV cameras in the car park? What about the person who your wife let reverse out?

As you stated it was a one way system in the car park and your wife was reversing up it. An illegal manouvre however daft it sounds.

The correct procedure would have been for the car pulling out to go back into its space, your wife carry on and the car emerge when there was space to do so.

Thanks for the useful advice.

As regards CCTV, there more than likely will be. Will get my wife to check with the school tomorrow, that should verify the true version of events.

Quentin

bishops wrote: »

Wife is quite upset about this. Not so much about the accident or the damage, more about the free lunch culture that encourages people to try it on.

The problem is (bluntly, I'm afraid) that your wife did reverse into another car causing some damage. The injured party rightly expect their car to be put right. Scratches can be expensive to put right as the whole panel may need a respray.

All that is to be decided is whether or not the liability for this rests entirely with your insurer or ends up being shared. (From what you have told us, this looks down to your "fault".)

Whether or not it ends up shared, it will still go against you insurance wise as a fault incident - though if you don't claim for your own repairs, then you have no excess to pay.

bishops_2

Quentin wrote: »

The problem is (bluntly, I'm afraid) that your wife did reverse into another car causing some damage. The injured party rightly expect their car to be put right. Scratches can be expensive to put right as the whole panel may need a respray.

All that is to be decided is whether or not the liability for this rests entirely with your insurer or ends up being shared. (From what you have told us, this looks down to your "fault".)

Whether or not it ends up shared, it will still go against you insurance wise as a fault incident - though if you don't claim for your own repairs, then you have no excess to pay.

Thanks again.

This reversing certainly does seem to be putting us at fault. I would wonder though how much blame might be attributed to the other party. My belief, from what I have been told, and from knowing the layout of the car park, is that they only looked one way, before pulling out into our car.

Happychappy

Bishops, where is the damage to the other car?

You say both vehicle bumpers were damaged, clearly yours was to the rear bumper, was the other vehicle also reversing out of a parking space? because I think this may be a factor which would lead to a 50/50 settlement.

If the other driver was pulling forward with clear unobstructed vision of your car reversing back towards them, then clearly I think you may have a claim against you.

If on the other hand the other lady was also reversing, she may not have effective all round observations and been looking over her shoulder not expecting a car to be on her blind side but still having an obligation to check all round, after all it was a school car park and one cannot assume everything will come from the one way direction, so she clearly had an obligation to check.

I agree with Quentin that as there is a claim etc, hand it to your insurers with as much detail as possible and good luck