proving a car damaged ours?

TBeckett100

Hello,

We returned home yesterday eve. O find damage. O the rear offside bumper.

It looks like the vehicle was cl!pped when a third party was moving in or out behind us. The car was washed before we went out so we know the damage was done in one location

Anyway i drove back armed with tapemeasure and lo and behold a car with blue paint was still there. His car has identical damage on his near side front bumper and after measuring the height or the two damage areas with the tape measure, they correspond perfectly.
After approaching the driver who lives where the car was parked, he was uncaring and denied and could give a damn. He admitted taking the car out a few times.

I went to the police as they requested and they coulnt give a damn, due to report this to the insurer today.
My question is, what is the insurer likely to do to help me prove it was this car?

spiro

TBeckett100 wrote: »

My question is, what is the insurer likely to do to help me prove it was this car?

NOTHING at all especially if you have no witnesses!

TBeckett100

What about forensic testing if i offer to pay

System

If you take that route then the other party will insist on using insurance companies. It may be no fault for you but your premium will probably go up a lot more than the cost of fixing it yourself without involving the insurers.

cyclonebri1

TBeckett100 wrote: »

What about forensic testing if i offer to pay

Too costly and he'd say you hit his anyway.

It's unfortunate you're dealing will an !!!!!!, but I'm afraid it's all too common.

vaio

Insurance are pretty much guaranteed not to be interested in investigating.

Small claims court will decide on “balance of probabilities” so you’d be in with a good chance armed with photographs of the damage to both cars together with measurements and visible transferred paint. Add in a bit of evidence that the paint left on your car is one that’s used on the make and model of the other car and your on a winner.

The other side of the indifference of your insurance company is that the other insurance company will be equally uninterested in defending and will likely just pay but think about what !!!!!! said, sometimes pragmatism rules principles

System

Of course you have informed your insurance company of the accident haven't you?

How would it look to your insurance company when the other party hands the claim of to his/her company to deal with and you hadn't reported it to them?

Balance of probability is just that. Without other corroborating evidence it still sits at 50/50

TBeckett100

!!!!!! wrote: »

Of course you have informed your insurance company of the accident haven't you?

How would it look to your insurance company when the other party hands the claim of to his/her company to deal with and you hadn't reported it to them?

Balance of probability is just that. Without other corroborating evidence it still sits at 50/50

Reported it to the insurers. Excess to pay, loss of 2 years no claims bonus and a statement "it is illegal for us to write to him if he is denying it".

Given I have the photos, measurements etc, looks as though I am going to have to get a quote and go through the small claims court to sue for the cost then.

pitkin2020

If its just bumper damage it would have been cheaper to just get it repaired and forget about it, annoying as that may seem.

You can try small claims court but its still 50/50, you can't prove he hit you and he can't prove it was you infact that hit him, its his word against yours. Even having witnesses that stated you were elsewhere at x time won't work because again there is no proof it happened in a certain time scale. You said you washed the car previously and the damage wasn't there, again its just your word.

The police won't be interested as you have already found out as its a civil matter. I wish you luck but I seriously think your going to be throwing good money over bad on this one.

scheming_gypsy

TBeckett100 wrote: »

What about forensic testing if i offer to pay

it's be cheaper to use the money and buy six more cars.

Tilt

TBeckett100 wrote: »

Reported it to the insurers. Excess to pay, loss of 2 years no claims bonus and a statement "it is illegal for us to write to him if he is denying it".

Given I have the photos, measurements etc, looks as though I am going to have to get a quote and go through the small claims court to sue for the cost then.

You need to send the 'TP' an LBA stating your claim before commencing court action. He could simply forward this on to his insurers. As you have evidence it is likely they will pay out. Or he could defend the claim and not involve his insurers in which case you will then have to take him to court. As previously mentioned, your eveidence may win you the case but there's no guarantee you will get your money.