Hit Car Parked Outside of Bay

lisyloo

Bit OT but I suppose that any costs incurred could be reclaimed from the errant parker.

Yes I would think so.
If an inconsiderate person blocked me in and attempts to find them failed then I'd take their reg, use alternative transport and try to recoup any extra costs from them.
My personal experience is that you can often find the driver and ask them to move their car.

mikey72

lisyloo wrote: »

Yes I would think so.
If an inconsiderate person blocked me in and attempts to find them failed then I'd take their reg, use alternative transport and try to recoup any extra costs from them.
My personal experience is that you can often find the driver and ask them to move their car.

I'd bounce them out of the way.

Mojisola

the_louce wrote: »

When I discovered this I left a note for the person and subsequently offered to pay for the damages. He got back to me and told me that it would be £360+VAT (slightly over what I told him my insurance excess was). I then asked him to send me the receipt and I would pay him or the garage as appropriate. Following this, I heard absolutely nothing from him.

This of course led me to believe that he was trying to inflate the price of the work in order to leverage as much money out of me as possible. However today (over 3 months later), he text me claiming that he has had a recent house fire, so has not got round to sorting his car out, but will give me a timetable next week.

You've had three months to put money aside. Once you knew there was a bill coming, it would have made sense to start saving.

The person who reversed into our car was luckier than you. We had a family member become seriously ill and die and three months went by before I could send the estimate to her. I felt I had left it too long and didn't go ahead. We're living with the dent.

Quentin

Not too late - you have 6 years to claim.

No reason to live with the dent you didn't cause!

lisyloo

I'd bounce them out of the way.

Another possibility yes, but can be difficult if it's boxed in.

alistair.long

vaio wrote: »

I’m not sure there is a legal definition of “dangerous parking” but even if there is it doesn’t absolve the OP of the liability to repair the damage she caused to a stationary vehicle by her negligence.

Similarly, I’m not sure what contracts & agreements (legally binding or otherwise) have to do with anything. If the OP was negligent and the third party suffered damage as a result then she has to put it right either by paying cash or via her insurance company.

Hi, My answers resolve around the first problem, parking dangerously/obstructing.

"it is a breach of the standard of reasonable care to park a vehicle on a road in a manner which causes an obstruction or a danger (e.g. if parked on a bend) and if the obstruction or danger is the proximate cause of the claimant's loss then he has an action for damages"

cases to refrence:
barns vs hudes merchandising Corporation, watson vs heslop, young v chester, Fritsz v hobson, ingram v united automobile services ltd, chesterfield corporation vs a robinson, etc...

It is also against the law to park dangerously 3 points, but not included in this arguement as private property. Obstruction is what needs to be argued.

The above was copied from a book by Sweet and Maxwell (I think) called "The Law on Motor Insurance", same people who make Kemp and Kemp.

Type them names in google and you will get a website that maybe linked to a Solicitors site that explains the case.

ILW

There is a difference between dangerous and inconsiderate parking. Also bear in mind that leaving a vehicle without the handbrake properly applied is an offence which could get you charged with an offence such as careless driving. I would suck it up and pay up as you are in the wrong on this one.

vaio

alistair.long wrote: »

Hi, My answers resolve around the first problem, parking dangerously/obstructing.

"it is a breach of the standard of reasonable care to park a vehicle on a road in a manner which causes an obstruction or a danger (e.g. if parked on a bend) and if the obstruction or danger is the proximate cause of the claimant's loss then he has an action for damages"

cases to refrence:
barns vs hudes merchandising Corporation, watson vs heslop, young v chester, Fritsz v hobson, ingram v united automobile services ltd, chesterfield corporation vs a robinson, etc...

It is also against the law to park dangerously 3 points, but not included in this arguement as private property. Obstruction is what needs to be argued.

The above was copied from a book by Sweet and Maxwell (I think) called "The Law on Motor Insurance", same people who make Kemp and Kemp.

Type them names in google and you will get a website that maybe linked to a Solicitors site that explains the case.

Still none the wiser about a legal definition let alone an offence of "dangerous parking" and as for the cases quoted, most don't seem to exist and of those that do none even comes close to making the owner of a parked car anything less than 100% not to blame if his car is damaged by a moving car.

as previously, I think if a moving car hits a parked car then it is 100% the fault of the moving car (and even more so if the moving car doesn't have a driver and is only moving because someone forgot to put the handbrake on)

pvt

mikey72 wrote: »

I'd bounce them out of the way.

Yes, that's an option. It's probably not a very helpful observation though given that OP has stated that she is an expectant mother.

Nobody has pointed out an obvious misunderstanding that the OP has in saying she didn't want to make a claim for the 3rd party's damage as it was only just above her excess. The excess is only applicable to damage/repair to your own vehicle, no excess is deductable for the 3rd party's repair costs. I can understand someone not wanting to make the claim in order to preserve NCP or claims history, but your excess does not come into the matter.

pvt

Barnabylovesicecream

We had a polish registered car park over our drive. Couldn't get out cars out. It is a quiet road with masses of parking - no reason at all to park there. After 24 hours I called the police. They said nothing could be done- if I tried to move it I was liable for damage caused- if we hit it again we would be liable. They couldnt trace owner as registered overseas. They were quite clear that if I touched it to bounce it out of the way the owner could take action against me (I assume for any damage but they didn't specifically say that)

So the fact the car was blocking you would not be an excuse for hitting it.