Neighbours car rolled/shunted into mine yet i'm told i can't claim??.

doobyjangler

Hi folks

I'm bemused - just hoping one of you knowledgable people may be able to give me some pointers.

Got woke up by a bang outsdide yesterday morning and went outside to see my car parked in its usual uphill position with a neighbours vehicle imbedded in my front - his was facing downhill (so they're front to front if you catch my drift). Reported to police at 6am.

My car has ended up with considerable damage to the front bonnet, bumper and side panels. Both my back window and his are smashed.

A patrol car pulled up (9am) and rang it in also noting that it had either rolled due to mechanical failure or had been shunted into mine.

The owner is on holiday at the moment but i've reported it to my insurers aswell as attending the local police station with my details etc like a good citizen.

Here's the catch - i'm told by my insurers that as i'm only third party, fire and theft i probably won't be able to claim on the other fella's insurance as he is bound to deny liability.

I appreciate this on some level however i thought i'd be able to claim off him and he'd in turn claim via motor legal protection or something similar (i have this).

I'm left in limbo now - waiting for him to return from his hols to find the car (poor bloke) but also with 2 cars and glass all over outside the house, supported by my handbrake alone that neither police (put some bricks behind wheels) nor insurer seem to be bothered about.

What does anyone think my options are here?

The car's an 02 reg and probably only worth £800 or so and i'm loath to pursue a claim on my own insurance.

If i end up doing so through my "legal expenses cover" i'm guessing this would be a lengthy process and also still be classed as a claim for when i'm trying to hunt for the best premiums next year?


Bit of a mammoth post - sorry.

Really confused.

Any help/advice massively appreciated

thenudeone

I presume you have photographs and details of the Police officers who attended?

It is your neighbour's responsibility to keep his vehicle roadworthy. If the brakes failed, he (and his insurers) are liable.
Get the insurance details from askmid.com for £3.75 and contact the insurers directly if you don't seem to be getting anywhere.

Have you paid for legal cover? If so-get them on the case.

raskazz

thenudeone wrote: »

If the brakes failed, he (and his insurers) are liable.

Unless they failed due to a mechanical failure which could not be reasonably forseen by the other party eg an inherent design flaw.

scheming_gypsy

doobyjangler wrote: »

Here's the catch - i'm told by my insurers that as i'm only third party, fire and theft i probably won't be able to claim on the other fella's insurance as he is bound to deny liability.



The car's an 02 reg and probably only worth £800 or so and i'm loath to pursue a claim on my own insurance.

you won't be able to make a claim on your own policy as you're only third party fire and theft. Although if his car has rolled down hill and parked itself into yours, i don't think he'd need to "accept" liability would he? wouldn't his insurance have to pay out because he can't deny the accident was caused by his car.

Torry_Quine

The thing is the other car owner may not be liable if it was an unforseen accident eg if the car was maintained well and so could have been expected not to roll down the hill. In which case it's hard as you haven't got comprehensive insurance.

Empty_pockets

Shouldn't cars parked on hills be left in gear and wheels turned to kerb to prevent this sort of occourence.

If that didn't happen you could claim negligence of driver.

Bangton

The neighbours insurers can reasonably deny liability on the basis of it being a unforseen mechanical issue. As others have said, if he wasn't aware of the issue and hence couldn't do anything about it they can rightly deny liability. If the neighbour can be proven not to have applied the handbrake correctly or something bizarre like that then liability becomes his.

Legal expenses only apply where an incident is not your fault so if he is able to deny liability than you wouldn't be able to rely on this. It only really tends to cover uninsured losses, personal injury and things like that. A bog standard accident such as this would have to be considered as a insurance claim

doobyjangler

Thanks y'all.


Only just got in from the mother-in-laws (not having the car n' all that).

Plenty to mull over there as the clock ticks to him getting home, some encouraging some not so.


I know i'm seriously limited with no comprehensive policy but as i mentioned the cars of little real value now so went the third party, fire and theft route instead.

Never thought about the in-gear bit, reckon that that may have contributed.

If he claims to have been shunted by an unknown driver in to mine would legal expenses cover not be an option then as it's for "recovering expenses where the third party is either un-insured or un-traceable"?


Thanks again everybody

Bangton

doobyjangler wrote: »

Thanks y'all.


Only just got in from the mother-in-laws (not having the car n' all that).

Plenty to mull over there as the clock ticks to him getting home, some encouraging some not so.


I know i'm seriously limited with no comprehensive policy but as i mentioned the cars of little real value now so went the third party, fire and theft route instead.

Never thought about the in-gear bit, reckon that that may have contributed.

If he claims to have been shunted by an unknown driver in to mine would legal expenses cover not be an option then as it's for "recovering expenses where the third party is either un-insured or un-traceable"?


Thanks again everybody

Yes legal expenses can kick in if that's the case but he would, of course have to have the car inspected by an Engineer to determine whether it is likely his car was shunted by an untraceable driver. Was your insurer able to give any advice around this?;)

Quentin

doobyjangler wrote: »

Plenty to mull over there as the clock ticks to him getting home,.....

You don't need to await his return before starting the ball rolling.

Get on to your "legal expenses cover" and explain the circumstances as well as give them all the details of the third party vehicle and see what they have to say about pursuing your claim for you.

doobyjangler

Thanks "Empty Pockets"



From Highway code

# 252




Parking on hills. If you park on a hill you should

• park close to the kerb and apply the handbrake firmly
• select a forward gear and turn your steering wheel away from the kerb when facing uphill
• select reverse gear and turn your steering wheel towards the kerb when facing downhill
• use ‘park’ if your car has an automatic gearbox