Confused about insurance claim

ikklenik

Sorry if this is not the right place for this , wasnt sure where to post.

In October 09 my car was hit by a third party,
We were at a set of traffic lights with 2 lanes going straight over. I was in left lane and other car in the right lane. About 50 after the lights the right lane merges into the left. I pulled off first and the other car caught up as the lane ran out and left her on the wrong side of the road, as an oncoming car appeared she swerved into the side of my car. I stopped and asked for her insurance details , her response was to violently slam me with her car door. I punted the door back towards her which was a reflex action an I didnt cause any damage to the car.
She still refused to give me car insurance and I decided to leave as I wasnt getting anywhere with it and had my babies in the car.
My wing mirror was smashed off which I repaired myself for cheap.
This week (nearly 3 months later) Ive had a letter from Insurance company saying that I violently rammed her car and then got out and attacked her car. She is claiming against me for the scratch on her door from my wing mirror AND the damage I supposedly caused by kicking her door 5 times and her wing mirror 8 times!!

What I want to know is can she actually claim on my car insurance for the alleged damage I did by kicking the car??

Sorry its so long winded! Any help appreciated.

Nikki

Peter_L

Nikki - the key here is witnesses, where there any (adult) witnesses in your car ? Did the other party have any adult witness in her car ? Did you contact your insurance company at the time and explained what had happened ? Did you contact the police as it is illegal to leave a scene of an accident without exchanging insurance details if there has been damage caused. Is there a cctv camera near the scene ? Contact the highways agency and ask - give them the date and time the incident took place - look luck !

ikklenik

Peter thanks for replying.
My partner was in our car with me, she was alone.
There are no cctv in area.
Police have been involved as she claimed criminal damage, this ended in' no further action ' on their behalf.
I didnt contact the insurance company at the time as I wrongly believed she had no insurance (because she failed to give it up details) and as the damage to my car was easily fixable I didnt see the point. I never thought she would claim on mine though.

Quentin

As there was no personal injury, there was no need to exchange insurance details.

The third party can claim for this damage, but whether or not your insurers agree to pay up is up to them.

Inform them of all the details (you are bound by the conditions of your policy to inform your insurer of any incidents), and pass all correspondence on unanswered for your insurer to deal with.

Oscar_The_Grouch

Be aware that your insurers are more likely to pay out something to the other party, simply to avoid the need for litigation. One thing that does not help you here is that you admit that you "punted the door". If the police interviewed you, this will be on their records. If Mrs Third Party decides to take you to court and can say how scared she was that you were going to assault her (especially if she can squeeze out a tear), I can see a judge finding in her favour regardless of the true circumstances.

I could sit here and talk about "bitter pills" and "experience", but let's face it; that's not going to make it any easier for you to walk away from this one...