proving a car damaged ours?

pitkin2020

scheming_gypsy wrote: »

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

for sure, and even if the OP proves the paint is from the other car it doesn't prove who hit who!!!

pitkin2020

Tilt wrote: »

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.

Wheres this evidence if it goes to court??

I agree if it gets to the other insurer they MAY just pay out as the cost will probably be less than trying to defend it. If the TP does decide to defend it without the insurers I can't see what evidence the OP has for deciding liability. The TP is likely to give the same story as the OP, He was parked, came home to find his car damaged"

vikingaero

Whatever you decide to do, you need to take clear pictures with a tape measure of his car.

TBeckett100

Thanks. Tape measure pictures were taken at the time yesterday. Given that we were parked on the road (with the nearside next to the pavement), the damage was done on the offside rear bumper corner and the damage to his car was the nearside front bumper, unless my OH had managed to reverse park onto the pavement down the side of his car, it would be nigh on impossible for the damage to occur any other way apart from third party either moving into or ur of his slot, thus scuffing the bumper.

pitkin2020

TBeckett100 wrote: »

Thanks. Tape measure pictures were taken at the time yesterday. Given that we were parked on the road (with the nearside next to the pavement), the damage was done on the offside rear bumper corner and the damage to his car was the nearside front bumper, unless my OH had managed to reverse park onto the pavement down the side of his car, it would be nigh on impossible for the damage to occur any other way apart from third party either moving into or ur of his slot, thus scuffing the bumper.

Your missing the point, whilst it may have been impossible for you to cause the damage the way the cars are currently parked, its not impossible if they were parked the other way. Without an independent witness it still comes down to your word against his. If you think the third party will go to court and not defend his case by fibbing your being very naive.

Tilt

pitkin2020 wrote: »

Wheres this evidence if it goes to court??

I agree if it gets to the other insurer they MAY just pay out as the cost will probably be less than trying to defend it. If the TP does decide to defend it without the insurers I can't see what evidence the OP has for deciding liability. The TP is likely to give the same story as the OP, He was parked, came home to find his car damaged"

OP states that he has taken photo's and measurements. Did you miss that bit? Apparently the photos show paint from the TPs car and hopefully on the TPs car. As the county court work on a 'balance of probabilities basis', this evidence may be suffice BUT as I mentioned, even if the OP wins the case, it may not get him his money without taking further action. In anyevent, this appears to be the only option the OP has to persue a claim.

TBeckett100

I do have a witness as to how his car was parked during that day.

scheming_gypsy

you'd need a witness to him hitting your car.

TBeckett100

do you want the pics?

pitkin2020

I saw that photos and measurements were taken but again that doesn't prove liability all it proves it that the cars have made contact not who made the contact. Its still a case of 50/50 he said she said. I agree even in the unlikely event that the OP wins I would be surprised if the TP pays without further court action. I suspect the TP with the couldn't care less attitude the OP has described will lie through his teeth in front of the judge and wouldn't be surprised if he gets a witness just to win.

For example, the TP could easily say the OP hit his car but as the damage was minimal and its an old car he never pursued it as it wasn't worth it. The OP didn't notice how much damage they caused to their car until they washed and now they are claiming I hit the OP so they can recover the costs. This gentlemen walking his dog down the road saw the OP hit me (Note gentleman walking his dog is the TP mate Dave from the local pub), see how easy it really is!!!

OP I am on your side and he should pay but its a case of picking the fights you know you can win rather than taking everyone on, limiting your damages. Best of luck what ever you decide