Blocked drive: car insurance claim for damage

Dumbe

thenudeone wrote: »

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

Very true but does this apply to scratching your car on a hedge..I don't think the op hit the stationary car.. Given the letter they received doesn't make any mention of it.

jaburgan

Wow. Some pretty negative responses here.

Just to make it clear: I did not damage or touch the other car - I scratched *my* car on the wall/gate attempting to leave the drive at an angle.

As for the law, I believe that Highway code section 243 (abridged) states:

DO NOT stop or park

* in front of an entrance to a property

gov.uk/waiting-and-parking/parking-239-to-247

Justicia

FOREVER21 wrote: »

Yes you were blocked in but I doubt this gave you the option of deliberately causing damage to the other car.

The OP has since clarified this...

jaburgan wrote: »

Just to make it clear: I did not damage or touch the other car - I scratched *my* car on the wall/gate attempting to leave the drive at an angle.

spacey2012

The highway code is not Law.
Just a code.
A guide of good manners.

Justicia

jaburgan wrote: »

...and that I would be submitting an insurance claim. I indicated which house number we were to give them a chance to respond.

Serious question; what are you planning to claim for?

They may well be guilty of obstructing your drive, but they didn't damage your car...?

Not being "negative;" I am genuinely asking.

Azmataz

The Highway Code may be just that, but isn't obstruction of an entrance an offence in the eyes of the law?

jaburgan

That is not the case according to the gov.uk link I posted above

Many of the rules in The Highway Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’.

My claim is based on the - perhaps misguided - belief that they broke the law in this case and are responsible. The issue for me is more a question of proof - is it worth me pursuing this?

Of course I've just noted that this case is a "DO NOT" rather than "MUST NOT" so may have to put this one down to bad karma - or at least bad parking...

dacouch

It does not mean you can claim against some who blocked your drive for damage you did to your own car trying to drive around them.

If you had damaged their car, they would have a valid claim against you.

spacey2012

Azmataz wrote: »

eyes of the law?

You are not the eyes of the law and no it was decriminalised by the TMA 2004, a civil penalty charge offence if you have written authorisation to drop the kerb or construct a driveway .
Even with this, driving your car in to your fence was your own doing.

Quentin

jaburgan wrote: »

That is not the case according to the gov.uk link I posted above

Many of the rules in The Highway Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’.

My claim is based on the - perhaps misguided - belief that they broke the law in this case and are responsible. The issue for me is more a question of proof - is it worth me pursuing this?

No. .