HELP - Neighbour just bumped into our car, bumper broken

confusedmummy

The manager of our block of flats just rang my bell to tell us that another neighbour has backed into our car and half of the bumper is coming off. I ran down and the neighbour was in the process of leaving a note. We live in a block of flats with a communal private parking lot. I have a strong feeling this neighbour has no insurance as they have scraped several cars before (manager told us they had scraped hers before) and not wanted to go through insurance. Her car is very beaten up and scratched so it doesn't look like she worries about getting it fixed. Anyway, she said that we should contact a local garage for a quote and she will pay the repairs. There are several issues.

1) If we get a quote, we will need to drive our car to the garage for this. Although it wouldn't be far I don't know if our car would be covered by insurance if it broke down because of the bumper on the way there.

2) If we go through insurance and she is not insured we will be !!!!ed since we need a car as we have two little kids and all that would happen to them is they would be prosecuted, however important that might be we would need either for the car to be repaired (if it is repairable) or the money via the insurance for a new car (although our car is worth nothing) and we wouldn't get either if she is not insured.

3) Would the insurance actually collect our car from a private lot and tow it to their garage to be repaired?

4) We do not have courtesy car with our insurance and we need to have a car as we have a very young baby and need to have access to transport if we need to take the baby to hospital in an emergency.

5) We are not even sure if we should move the car out of the way so that no more damage can be done to it.

To top it off, none of the garages seem to be open until 4th January now, can anyone advise?

Should we go through our insurance and risk not having a car, not having it fixed and having a higher premium or getting a quote and if so, can we drive a car that may not be roadworthy?

adouglasmhor

Unless the bumper is dragging or going to fall of drive it, gaffa tape it in place if need be to make sure.

Gene_Hunt_2

You need to clarify one or two things here.

Where is the private lot you speak of in 3? If thats where you car was hit she doesnt need insurance.

If you car breaks down. Motor insurance will not cover a break down.

For emergency hospital treatment use an ambulance.

Read your insurance policy. You may have a duty to disclose the accident.

Do you have comprehensive insurance?

LandyAndy

confusedmummy wrote: »

1) If we get a quote, we will need to drive our car to the garage for this. Although it wouldn't be far I don't know if our car would be covered by insurance if it broke down because of the bumper on the way there. A car isn't going to break down because the bumper is damaged. If the damage is slight tape it up. If it is substantial pull the rest of the bumper off.

2) If we go through insurance and she is not insured we will be !!!!ed since we need a car as we have two little kids and all that would happen to them is they would be prosecuted, however important that might be we would need either for the car to be repaired (if it is repairable) or the money via the insurance for a new car (although our car is worth nothing) and we wouldn't get either if she is not insured. Get the quote for her. You don't need to consider this if she pays. TBH getting 2nd hand bumper from a scrappie and fitting it isn't going to be very expensive if you are left having to pay.

3) Would the insurance actually collect our car from a private lot and tow it to their garage to be repaired? I wouldn't think so if it is driveable. How bad is this damage:eek:?

4) We do not have courtesy car with our insurance and we need to have a car as we have a very young baby and need to have access to transport if we need to take the baby to hospital in an emergency. Really, how likely is this? How do you think people without cars manage? Taxi, Ambulance.

5) We are not even sure if we should move the car out of the way so that no more damage can be done to it. ???????

To top it off, none of the garages seem to be open until 4th January now, can anyone advise? Wait until 4th January?

Should we go through our insurance and risk not having a car, not having it fixed and having a higher premium or getting a quote and if so, can we drive a car that may not be roadworthy?

Someone bumped your car. It's an inconvenience and annoying. It isn't a crisis.

Gene_Hunt_2

LandyAndy wrote: »

Someone bumped your car. It's an inconvenience and annoying. It isn't a crisis.

I hate to correct you but it probably is.

darich

Gene_Hunt wrote: »

You need to clarify one or two things here.

Where is the private lot you speak of in 3? If thats where you car was hit she doesnt need insurance.

If you car breaks down. Motor insurance will not cover a break down.

For emergency hospital treatment use an ambulance.

Read your insurance policy. You may have a duty to disclose the accident.

Do you have comprehensive insurance?

I think you'll find this is incorrect. If it's an area where other people can walk, gather, drive and there is other property, then I think a minimum of 3rd party insurance is required to cover any injuries or property damage.

adouglasmhor

darich wrote: »

I think you'll find this is incorrect. If it's an area where other people can walk, gather, drive and there is other property, then I think a minimum of 3rd party insurance is required to cover any injuries or property damage.

Really! can you link us to the made up law that has this clause?

Inactive

Gene_Hunt wrote: »

I hate to correct you but it probably is.

:rotfl::rotfl::rotfl::rotfl::D

That creased me..

darich

adouglasmhor wrote: »

Really! can you link us to the made up law that has this clause?

Road Traffic Act 1988 clause 143
"a person must not use a motor vehicle on a road [F1or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act"

"If a person acts in contravention of subsection (1) above he is guilty of an offence"

It may be a privately owned car parking area but it's still a public place....like the sports centre car park, shopping centre car park or any other company owned premises that people might reasonably be.

And given that it's a car park for the entire block of flats, that makes it a public place regardless of who owns or maintains it.

mcjordi

adouglasmhor wrote: »

Really! can you link us to the made up law that has this clause?

its called the road traffic act..

basically if the public can gain unrestricted access then RTA applies

ungated parking place= rta applies

key access/resident access only= rta MAY not apply

PsiDOC

darich wrote: »

I think you'll find this is incorrect. If it's an area where other people can walk, gather, drive and there is other property, then I think a minimum of 3rd party insurance is required to cover any injuries or property damage.

Err not quite.
Private property is private property. If a road or cul de sac, car park area or whatever is not classified as an adopted road and maintained by the council then it's private property and is not subject to the road traffic acts in any way.
How do I know this? I lived in a road that was partially adopted and had to pay a partial maintenance charge for the rest. The bonus of this was I was able to park my non road legal off road trialer in the non adpoted resident's car park outside the house without any problems from H.M constabulary.

Psi