Tiny bump in school car park - am I covered?

benham3160

I believe anything understood to be a road, to which the public have access is deemed as a "public road." Unless there is a gate or other physical obstruction clearly defining the boundary. I could be wrong though.

Some people are absolute morons, I've had two cars bumped it car parks, first time was an old Nissan and I said "oh don't worry about it" (small knock to bumper), second time was a crack in the bumper, and I said I'd get it sorted for £40 I think... No biggie. Can't grasp what mattyprice is bleating on about.

I'm also honest enough to admit I nudged a car in a carpark, (small mark on rear bumper) and owner just said "sh*t happens" shrugged shoulders and walked off.

Makes me angry people are so damn petty about small things, I'm sure you could of had "chips away" or similar solve the problem for £100.

Maybe they'll nudge a car one day, and have the same thing happen to them......

Regards,
Andy

Mark_Hewitt

benham3160 wrote: »

I believe anything understood to be a road, to which the public have access is deemed as a "public road." Unless there is a gate or other physical obstruction clearly defining the boundary. I could be wrong though.

Pretty much, any where normally accessible to the public without special arrangement is subject to the Road Traffic Act. Which is why you can be done for drink driving in the pub car park for example. However other provisions, such as speed limits, don't apply.

mattyprice4004

flashg67 wrote: »

Niiiice attitude! Where does it say they want to wriggle out of it? The OP reported the damage to the owner & admitted liability. With the cost of insurance these days, I wouldn't have a quibble about at least asking to pay before involving the insurance?

Of course it's the other persons right to go through the insurance, and is the correct procedure strictly speaking - the OP was only asking if this was correct, not trying to get out of it totally

Suggest reading the post before touching keyboard.....

JennyP wrote: »

Someone has now said that I might not be covered by my insurance as it's a private car park if it's on school land. IS this true? Have never heard it before.

Says it right there, they were looking for a way to force the other party not to use her insurance.

I'm a little bitter because some old bat opened her door into mine at Tesco a couple of years back, and then started arguing about it! She refused to pay or give details, and after giving me a mouthful she drove off.

Reported it to the Police, who gave me all her details and she got properly ****ed by them and her insurance company... and rightly so. I did like my new shiny door though.

Joe_Horner

mattyprice4004 wrote: »

Yes, they have a right to use insurance..

No they don't. They have a right to be compensated for the harm done. They don't have a right to inflate the cost of that harm by using a management company where one isn't justified, although they DO have a right to pay someone to make their case.

If the OP was willing and able to cover their costs from her own pocket then she's entitled to do so. Using a management agency to inflate the claim to a level where that's not possible may, or may not, be acceptable to a court in any given case.

But it's certainly one of the reasons most peoples insurance costs so much!

JimmyTheWig

mattyprice4004 wrote: »

Says it right there, they were looking for a way to force the other party not to use her insurance.

That's not how I read it.
I think she's worried that she's not covered and will have to pay the bill, now in the thousands, out of her own pocket.


Our school operates a gated car park. You can only get in with a swipe card or if you are buzzed in by the office. Assuming the OP's school is the same, would this still count as public road?

mattyprice4004

I'm pretty sure they do have a right to go through insurance if they want to, but I'm sure someone will be along soon to clarify.

mattyprice4004

JimmyTheWig wrote: »

That's not how I read it.
I think she's worried that she's not covered and will have to pay the bill, now in the thousands, out of her own pocket.


Our school operates a gated car park. You can only get in with a swipe card or if you are buzzed in by the office. Assuming the OP's school is the same, would this still count as public road?

The problem with the Internet and written communication is context is a personal thing - if that is the case then of course my post doesn't apply.

I don't think she could chase you for the amount though, I'm pretty sure the insurance would have to cover it as 3rd party liability has very little limitation.

Strider590

mattyprice4004 wrote: »

I'm a little bitter because some old bat opened her door into mine at Tesco a couple of years back, and then started arguing about it! She refused to pay or give details, and after giving me a mouthful she drove off.

Reported it to the Police, who gave me all her details and she got properly ****ed by them and her insurance company... and rightly so. I did like my new shiny door though.

Surprised the Police didn't tell you "it's a civil matter".

I had a similar thing in a Tesco carpark, old boy drove his car in nose first and left a gouge down the front wing. Realising his mistake he then reversed back out and drove off, but luckily someone left a note on my car.

I once watch an old lady park up next another car at either Tesco's or Morrisons, she parked at a stupid angle and totally off centre, opened her door, looked unimpressed at the car next to her being so close and repeatedly slammed her door into it (7-8 times)..... Luckily no damage as it was rubber strip v rubber strip. But it's always worth baring in mind that with some people, it's always somebody else's fault and they genuinely don't see it any other way.

Joe_Horner

mattyprice4004 wrote: »

I'm pretty sure they do have a right to go through insurance if they want to, but I'm sure someone will be along soon to clarify.

They have a right (in fact, a contractual duty) to inform their insurers and the OP has the same duty to inform theirs. The two insurance companies will generally then deal with each other.

Your insurance indemnifies you against any liability you may have but it doesn't assume the liability itself. Which is why, when insurers mess about and court papers start flying, it's the driver who they're served on rather than the insurer.

Since the damage remains your responsibility, you're perfectly free - once both insurers have been informed - to deal directly with her insurers yourself if you want to. It would probably be very inadvisable to do so, especially if the other part is using a CMC rather than their insurers direct, but there's absolutely no legal reason that you can't insist on paying out of your own pocket.

In theory, at least, your own insurers should thank you for doing so cos it saves them money and admin :eek:

JennyP

mattyprice4004 wrote: »

Why would you try and get out of it, because it's on private land? Your lack of care or attention still caused the accident, it's incredibly dishonest to try and find a loophole.

Yes, they have a right to use insurance. No, you can't stop them doing it. If they've gone through an accident management company, it's not worth paying for directly as the fees will be thousands.

Blimey - I was asking for simple advice not asking to be labelled as careless, dishonest or - as one other poster put it - an idiot. Whatever happened to just being kind and trying to simply help others? I thought that was what the forums were for.

If I was dishonest or wanted to get out of it, I would have driven off without owning up to it. I don't. I wanted to know if I was covered as someone else had scared me into thinking I wasn't. So thank you to all those who have either supported me against mattyprice's somewhat vitriolic outburst and given me the reassurance that yes, I'm covered. I have clicked thanks on the relevant buttons to you all (I hope!)

I own up to being careless....I just can't figure how it happened. I was looking!

Strider590 wrote: »

Be prepared for the whiplash claims from her and her 8 passengers.

Gosh, do you know her?!!! She wasn't in the vehicle but I wouldn't put it past her to have a go....