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Blocked drive: car insurance claim for damage

jaburgan
jaburgan Posts: 21 Forumite
edited 25 February 2013 at 8:16PM in Insurance & life assurance
I hope this is the right section of the forum; if not, my apologies!

Last week I had an important early work appointment, but my (narrow) drive was blocked by a car that was protruding at least a foot into my exit. I didn't recognise the car as belonging to a neighbour and there was no contact number or any way to reach the car owner. That there was around four feet space behind the car just added to my annoyance: a truly inconsiderate piece of parking.

Unfortunately my options were very limited, especially as I could not afford to be late for my work appointment. I asked my next-door neighbour to come and witness the scene and of course took enough photos to prove my case at a later date. I then attempted to squeeze out of my drive with the inevitable consequence that my paintwork became quite badly scratched. I left a note on the windscreen of the offender's car indicating what had happened and that I would be submitting an insurance claim. I indicated which house number we were to give them a chance to respond.

I returned home a couple of days later to find a hand-written letter with some pseudo-legal BS ("...I'm sorry if you felt my car was obstructing your driveway. I will never again park there. I've checked with my insurers & I am not to blame if you scratched your car as I was not in my car at the time. I am sorry if I did cause any inconvenience, however I would never have left my car deliberately blocking any driveway, I don't believe I did.")

You can imagine my feelings on reading this work of fiction! To be honest I found it pretty depressing because if I had blocked someone's drive - however inadvertently - I would have owned up and at least tried to come to a private arrangement. But that's all irrelevant to this case: the hard facts is that I have (a) undeniable photographic evidence that the drive was blocked and (b) a neighbour who is prepared to back up what he saw.

As I do have the policy number of the car owner my question is how to proceed intelligently. I feel my case is very clear - the law on not blocking driveways is very clear. My only problem is that I did not call the police that morning for the simple reason that I knew that it might take an hour or so for them to turn up, and I had no spare time to get to that appointment. Is this going to allow the other side to wiggle out of responsibility, even though "natural justice" would be on my side?

Thanks for any advice before I contact the other party's insurers.
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Comments

  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You drove in to a stationary vehicle .
    The "pseudo-legal BS" is called the Law.
    You are 100% Liable for all damages and uninsured costs.
    I suggest you pick up the phone and call your insurance company with the bad news.
    Be happy...;)
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    I don't think you have a hope in hell?
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • FlameCloud
    FlameCloud Posts: 1,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You hit a stationary vehicle. They will likely want to claim off of you.

    If you couldn't make the the manoeuvre without hitting why did you?
  • Justicia
    Justicia Posts: 1,437 Forumite
    Part of the Furniture Combo Breaker
    jaburgan wrote: »
    I then attempted to squeeze out of my drive with the inevitable consequence that my paintwork became quite badly scratched. I left a not on the windscreen of the offender's car indicating what had happened and that I would be submitting an insurance claim. I indicated which house number we were to give them a chance to respond.

    How was your car scratched?

    What did it come into contact with - the other vehicle?
    "Part P" is not, and has never been, an accredited electrical qualification. It is a Building Regulation. No one can be "Part P qualified."

    Forum posts are not legal advice; are for educational and discussion purposes only, and are not a substitute for proper consultation with a competent, qualified advisor.
  • Azmataz
    Azmataz Posts: 137 Forumite
    Not helpful for you Op, sorry, but I often find my own car blocked in by random people parking across my drive.
    jaburgan wrote: »
    the law on not blocking driveways is very clear.

    What does the law say about not blocking driveways, can anyone specify please?
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Parking adjacent a dropped kerb can attract a civil penalty in some areas.
    Be happy...;)
  • thenudeone
    thenudeone Posts: 4,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would also drive to the police station to report the accident. Now.

    Otherwise you could be prosecuted for failing to report an accident.

    Everyone thinks you have 24 hours to report an accident. You don't.
    The law says an accident must be reported " as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident." so waiting until 23 hours is up, say, unless there is a very good reason, is an offence.
    http://www.legislation.gov.uk/ukpga/1988/52/section/170
    We need the earth for food, water, and shelter.
    The earth needs us for nothing.
    The earth does not belong to us.
    We belong to the Earth
  • Dumbe
    Dumbe Posts: 266 Forumite
    FlameCloud wrote: »
    You hit a stationary vehicle. They will likely want to claim off of you.

    If you couldn't make the the manoeuvre without hitting why did you?

    I didn't read it like that.. I was guessing that the op was forced to pull too far to the other side and scratched their car on some inanimate object like a wall or hedge.

    This was based on the fact that the other party does not mention damage to their car nor does the op mention damage to the stationary car.

    That said op you drove into the inanimate object. I fail to see how the stationary vehicle is responsible.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have two hopes and one of them is Bob
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    This must be a wind up ?
    Be happy...;)
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