Car Damaged - What can she do?

tiniegil

Hiya, this is my first post ,so hope i am in the right section, my daughter a few months ago moved into her own place with her DB and the area is still a building site,

One morning she was driving out when one of the site vehicles was in her way (it was a big machine with a swivel top) anyway the chap in the vehicle got out and was waving her through ,and has she did he realised that her car was being scratched right down the left hand side of her car ,so he put his hand up and she stopped. On getting out of her car the chap said for her to contact the site builders which she duly did, and the site foreman did see the damage at the time, however the chap and vehicle were sub contracted to the builder, and they passed it onto his firm to deal with who now on last call to them say that the only damage was her wheel which of course it is not, this happened last June/July and first off they said get a quote which she duly did £470 to be exact.

They then said they would only pay £100 goodwill which has never happened so on phoning them again they are now saying they want our insurance details and that it will have to go through this way, so my question is would this effect her insurance at all? is this the best route? or would we stand any chance say in a small claims court? or any other thoughts out there please?

Unfortunately we do not have the driver name but know the company.
Sorry it is a bit it is long winded.Any help would be great.

pitkin2020

This happened nearly 8 months ago (jun2009)?? Did you contact the insurers when it happened??

Inactive

Creditcruncher wrote: »

How many moving vehicles were there?

Good question, I was going to ask who was driving the moving vehicle?, and thus responsible.

whatmichaelsays

Could be difficult this.

In reality (and from how your post reads ), it is her who has scratched the car against a stationary object and, as she fully responsible for the vehicle in her control, it is her responsibility to complete any manoeuvres. In essence, she shouldn't have taken guidance from a third party as it is her responsibility to assess the situation and react accordingly.

There may be some recourse somewhere but I doubt that it will be an easy fight.

mchale

Sorry to say, as she was driving her vehicle she caused the damage, regardless of the fact a 3 party was guiding her, she should have checked the was big enough gap to drive through

Quentin

If the third party now want her insurance details, it looks like they want to claim off her for some damage!

nikki2804

Surely if she hit the machinery then she was at fault? Thats kind of like me backing into a pedestrian/another car/anything and saying well my reversing sensors didn't pick you up, not my fault. As the post above says, how many moving vehicles? If it was only her then it was her at fault. Yes the man waved her through but she should know the dimensions of her car and allow adequate room to pass.

tiniegil

Ok thanks it was just her vehicle, when she questioned the room man said was plenty of room and she did as he said , bit young and wary but looks like a hard lesson learned. Thanks for replies everyone.

Hintza

tiniegil wrote: »

Ok thanks it was just her vehicle, when she questioned the room man said was plenty of room and she did as he said , bit young and wary but looks like a hard lesson learned. Thanks for replies everyone.

Reminds me of the days (when we were young and all drove old bangers) and you were giving your mate a hand reversing...........keep coming plenty of room, keep coming.....BANG!!...thats you.........:rotfl::rotfl: