Friend in a bit of a pickle...

Pernicious

Hi, I'm not sure if anyone can help with this but just on the off chance since there's plenty of friendly, clever people on these boards...

Last week a friend of mine was asked to move a client's car from the car park where he works so a colleague could get out, the client had left his keys with reception as he was out to lunch. The client had also left his car in gear & with the handbrake off, resulting in my friend, let's call him Matt, hitting another colleague's car, let's call her Sally.

Matt claims there is no damage to the client's car, & only a few minor scratches on Sally's bumper, as in the kind a £10 kit from Halfords would fix but Sally is adamant they need to go through insurance, however Matt is obviously not insured on the client's car...only his own.

Now I know my friend should have refused to move it in the first place, but unless anyone has a spare time machine I'd like some advice on how best to proceed with this please?

How can he avoid going through the insurance (& obviously him getting a criminal record/possibly losing his licence etc for "driving" without insurance) if Sally refuses to back down?

Initially I had advised him to offer to pay to get it fixed through a garage as I didn't think it would be that expensive after how he described it, but I have now heard that Sally is claiming the cost will be trebled after taking it to a BMW dealership who have stated the following damage:-

• scratched the bumper
• dented a panel behind it
• made the boot wonky
• ruptured a water bottle in the boot

My friend does not have the money spare for all this, & his company is taking a very neutral stance & will not pay for it either.

Any ideas on how he can sort this out with minimum damage/cost would be greatly appreciated, thank you.

clever_username

Pernicious wrote: »

...since there's plenty of friendly, clever people on these boards...

Rules me out on both counts then!

LillythePink

How did he hit the car?

Is it because he didn't check that it was in gear before he started the engine?

I would say that he/his company should pay for the damage between them, as although it was his fault, he had been asked to move the car.

As for the damage, then get a loss adjuster/second opinion - how fast was he going when he hit the car?

Pernicious

Yes it's literally because he didn't check the car was in gear so it was only a low impact shunt as the car stalled.

kev.s

if client asked him to move it knowing he would not be insured then she is liable to prosecution also, i know this for definate as i was done with that around 10 years ago(i was in matts position and a friend was in clients)maybe saly had previous damage which she is seeing as an easy way of repairing, both will need to cough up excesses, is it worth her trouble ask her,.....to be fair she sounds a bit of a !!!!!

optimus_primera

LillythePink wrote: »

How did he hit the car?

Is it because he didn't check that it was in gear before he started the engine?

I would say that he/his company should pay for the damage between them, as although it was his fault, he had been asked to move the car.

Eh ?? why should the company pay out??

HE did not do a basic check before starting the car, therefore he is at fault. (I am assuming of course that he does hold a driving licence)

If you asked someone to fix your TV,and they break your DVD player,would you pay out for some of the damage???
I think not .......

vaio

Private car park = unlikely to be a road as far as RTA concerned = no driving without insurance conviction

If he was driving on the instruction of his employer then they are liable and should pay.

Legally requiring drivers to pay for damage to vehicles is only possible if agreed in writing (normally as part of contract of employment) BEFORE the incident takes place.

Having said that, in todays job market I’d think long and hard about consequences before doing anything

BillTrac

Was the car on private property? If so then I should think insurance doesn't come into it.

vikingaero

Does Matt have a company car? Many business policies include Driving Other Cars extension. On our fleet insurance it says something along the lines of: "blah blah... cover is extended to any vehicle not owned by the Policyholder needing to be moved or obstructing the Policyholders premises... blah blah".

Oh and there are people on here who apparently tell you not to depress the clutch when starting a car because it wears out a clutch/release/thrust bearing.

vaio

vikingaero wrote: »

.....Oh and there are people on here who apparently tell you not to depress the clutch when starting a car because it wears out a clutch/release/thrust bearing.

Yep, and I’d guess they also say “make sure it’s not in gear”

Gene_Hunt_2

vaio wrote: »

Private car park = unlikely to be a road as far as RTA concerned = no driving without insurance conviction

When did it become private?

Have we confirmed that?