OK, so today I may have reversed into a car

Badger_Lady

Quentin wrote: »

Witnesses are just that (ie witnesses, not a "judge").

True, but he knows more about this particular accident than you or I do. He's not 'the perfect judge' or even 'an appropriate judge', he's just 'a better judge than random internet users'.

Quentin

The witness is reported to have told the OP who he considered to be to blame based on being a solicitor with 40 years experience!

Most liability court cases have solicitors representing both sides. And both say their client is not to blame!

neilmcl

Artytarty wrote: »

Crikey! will let you know outcome later! complex isnt it?
If my fault then I'll put itthrough my insurance, protected no claims.

Not that complex. You were the reversing vehicle and as such should of been aware of the hazards around you. If you're lucky it'll be 50/50.

Artytarty

^^^ Yes, that is what I feel.
I have decided it will have to go through the insurance company though. That is what I pay for.
I am worried that if I pay out now for bodywork, in a few weeks time i could get a solicitors letter claiming personal injury for whiplash or ptsd.

Wig

If I were you, I would come to an agreement that both of you pay for your own repairs and nothing more is said about this. Emphasising to the father that there is a witness that says her fault, and at worst it could go 50/50 and you will both lose your excesses and get increased premiums.

If you claim...... you lose your excess
Your premium goes up next year and for the following 4 years

If you claim again (I think within 2 years) -out of necessity- then you lose your no claims protection.

You will pay far more for this over the next 5 years than if you just fuurgetaboutit and drive a car with a scratched bumper or even get it repaired by a back street repair shop.
(I'd choose to drive with a scratched bumper) if in the future someone rear ended me, I'd get a new bumper then.

I choose my parking spaces very carefully, I walk a bit further and park in the empty end of the car park, or I park in the mother and toddler bays , or I park in an unusually BIG space. or on the "pick up bay" where no-one ever gets "picked up".

Artytarty

well, i told him that I would refer it to my insurance company and if they thought I was liable then they would pay, daughters car fixed, no problem.
He said it was too much hassle which I dont really understand. He is going to get it fixed himself.
I still feel bad but he had a choice.I said I had a witness, he said his daughter was upset by the mans "shouting" and finger pointing.I said his personality has nothing to do with this, i would be giving his details to my company.
All very civilised but unfortunate.

Wig

The reason he sounds reluctant is because the damage sounds largely superficial and you will both get increased premiums no matter who is found to be at fault. And you will lose your excess. if found to be your fault or if 50/50.

Your insurer will not pay for his car to be repaired if he does not himself make a claim either on his own insurance or against your insurance. If he claims on his insurance he will lose his excess, same as you will.

Considering your car has only a scratched plastic bumper..... you are making this very expensive for him. Considering that it is your fault (you should never reverse without looking)...... Why are you doing this to him?

cepheus

These small bumps and scratches! The insurance industry, car repair outfits and spare part dealers must make a fortune out of fussy people.

I wonder if it would be possible to design cars in a way to avoid damage from small knocks, such as having energy absorbing material at a constant height all round.

I also think people are too fussy, the last time someone had a small bump with my car I let them off, it was just another mark!

mrbrightside842

Wig wrote: »

The reason he sounds reluctant is because the damage sounds largely superficial and you will both get increased premiums no matter who is found to be at fault. And you will lose your excess. if found to be your fault or if 50/50.

Your insurer will not pay for his car to be repaired if he does not himself make a claim either on his own insurance or against your insurance. If he claims on his insurance he will lose his excess, same as you will.

Considering your car has only a scratched plastic bumper..... you are making this very expensive for him. Considering that it is your fault (you should never reverse without looking)...... Why are you doing this to him?

What is the OP doing to him? OP has offered to sort it through the insurance, that's what insurance is for. If he has declined this, then what more do you want OP to do? Also, OP isn't doing anything to him, his daughter involved him. If she's old enough to drive she's old enough to sort her own battles.

mikey72

Artytarty wrote: »

well, i told him that I would refer it to my insurance company and if they thought I was liable then they would pay, daughters car fixed, no problem.
He said it was too much hassle which I dont really understand. He is going to get it fixed himself.
I still feel bad but he had a choice.I said I had a witness, he said his daughter was upset by the mans "shouting" and finger pointing.I said his personality has nothing to do with this, i would be giving his details to my company.
All very civilised but unfortunate.

Don't forget you will have to declare the accident to future insurers, even if it is eventually decided as no fault to you.

Premium increases are usually made regardless of fault now.

If it goes 50/50, if you do need to make another claim, some insurers won't protect your ncd next year either.

If she decides to pursue a whiplash claim, as 50/50 she'll still recieve 50% of the award, and her insurer will lean on her heavily to make one.
(Or at least the claim management company they sell her details to)

If they don't want to invole the insurers, for a scratch, I'd think twice.