Claim for accident I was completely unaware of. Where do I stand?

RNUK

A few months ago I was in MK Dons stadium for the day, I parked my car in the Don car park (Which I believe to be private land), it was an extremely busy event where thousands of people come and go to constantly throughout 3 days.

A few weeks after the event I received a letter form my insurance company about a claim being made for damage that my vehicle did to another parties vehicle. I have absolutely no recollection of this happening and it was the rear passenger door (Where my son sits) so I wouldn't have known if it happened anyway. Because of this I have responded to my insurer with a statement syaing that because I was unaware of the incident and it wasn't "my" door , I am not prepared to admit liability as I can't be 100% sure that it was me. Obviously as I was unaware of any indecent, I did not leave my details for the 3rd party.

The damage report was that my car door was opened onto the other parties vehicle causing a substantial scrape and chip in their door handle. They provided photos showing my car parked next to theirs, the door handle with said scrape on, my car door with white marks on (Which incidentally are NOT present on my car and it hasn't has not been cleaned since the incident!)

This is the only evidence they have provided to the insurer, to my knowledge there are no witnesses and no CCTV evidence to back this up.

I have spoken to my insurer at some length and they are completely disinterested in fighting this for me saying that because I have said "I can't 100% guarantee that it was me, but equally, I can't 100% guarantee it wasn't" (Trying to be completely open and honest about things) that they don't have a leg to stand on in court despite my opinion that there is a complete lack of evidence and pointing out several reasons that the level of damage claimed could no way be caused and offering my insurer to come and inspect my vehicle to see that there is no damage to my car and the white "paint transfer" marks on my car at not present.

My insurer are completely disinterested in representing me as the client in favour of settling the claim, ripping 3 years no NCD from me and trebling my premium which makes keeping my beloved vehicle near on impossible.

The damage claimed is £230. I'm inclined to settle myself, keep my NCD in tact and then complain to both my insurer and the ombudsman and try to recoup my £230.

Is it right that my insurer does not represent me and my wishes and essentially forces the sale of my car because I was open and honest in my statement?

Any idea, thoughts, HELP????

Quentin

Whether or not you were on private land is irrelevant.

Paying yourself is your call - assuming you remain claim free in future, then see what difference this makes to your premiums (by doing virtual quotes on line with and without the claim). (Your NCD should go down 2 years from what it was at the start of the current policy year, with none added for the current year)

If you end up paying yourself, your premium could still be affected as a result of the incident, and will still have to be declared to future insurers.

You need to follow your insurer's complaints procedure before then trying the FOS, though you seem to face an uphill battle, given the TPs evidence, and what you have admitted so far!

huckster

The explanation for the damage to the other car could be this. Another car had parked next to the third party in question and they had damaged it but knew about it, so they drove to park somewhere else. Then you parked next to it without any issue. The owner of the other car came back, noticed the damage and presumed it was the occupants of your car who had caused it. They saw some white marks on your car, which could be anything and it backs up their view. But if the damage to their car was as bad as is claimed, I would have thought your car door would have had noticeable damage and not just a mark.

As Quentin suggests make a complaint and pass on to the FOS if you have to.

RNUK

Exactly my point Huckster! The ONLY evidence they have provided are these photos, surely this isn't enough? And you are right about the potential for other cars, I myself parked in 3 different spaces that day because of coming/going to the event.

My arguement was that IF the white marks were paint transfer, as they are no longer present and therefore have since fallen or washed off with rain then the force required to create the transfer wouldn't have been anywhere near enough to cause the damage claimed and would have damaged my car.

I will be complaining to my insurer in the first instance and will cite my arguments against why this was me again.

So much for being honest about it! From now on, nothing is my fault until proven otherwise. I guess thats what you get for taking the cheapest insurance quote!

InsideInsurance

The issue is that the civil courts work "on the balance of probability" and so it is not up to the TP to prove you caused the damage beyond any shadow of a doubt but to demonstrate that their version of events is more likely to be true than yours. On the basis they have a photo and you admit you cannot say if you did or didn't cause it then the odds aren't looking good. How old is your son?

System

OP - Have you asked your son if he remembers opening his door into another car when you parked ?

The answer your son gives you would be interesting.

Your answer to my question would also be interesting.

RNUK

So the civil courts basically decide who is better at telling stories? logically, without the TP being present at the time there is no way he can 100% guarantee himself what happened.

My son is 9 btw.

Quentin

Discussing what would happen in court is irrelevant to this issue. Neither insurer will pay for a court case over £230!

RNUK

BAA1. Yes, I have asked him and he says he doesn't remember it happening. It was the first thing I did before writing my statement back to the insurer

InsideInsurance

Quentin wrote: »

Discussing what would happen in court is irrelevant to this issue. Neither insurer will pay for a court case over £230!

An insurer is unlike to, I agree, as costs cannot be included in a small track case.

That said we do not know that the TP is claiming via their insurance and certainly both individuals and legal expenses/ ULR insurance can and do issue for £230.

RNUK

BAA1, I don't understand what you are driving at?