Blocked drive: car insurance claim for damage

rs65

Whether they broke the law or not is irrelevant.

They are not responsible for the damage you did to your own car.

FOREVER21

The other parties insurance will not entertain a claim in these circumstances, his/her car whilst blocking your exit was not involved in a collision with your car.
As unfair as it sounds if you go to your insurance you will loose any no claims bonus and have to pay your excess.
Probably not what you wanted to hear but just my thoughts what I don't understand is you say the inevitable happened, thenwhy did you even try to move your car?

jaburgan

Why did I attempt to leave my drive? I didn't have the option of missing the work appointment and there was no other transport option available.

At any rate I can see that this will not lead anywhere so will move on.

Thanks to those posters who made an attempt to understand my frustration at the situation.

Azmataz

spacey2012 wrote: »

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.

I am also not the Op, spacey2012.

marathonic

You have no hope. If you ring your insurance company, you'll have to answer 'yes' to any questions in future insurance quotes regarding whether you've been involved in any incidents, not claims, in the past 3/5 years. You'd be shooting yourself in the foot proceeding.

jaburgan wrote: »

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.

jaburgan wrote: »

if I had blocked someone's drive - however inadvertently - I would have owned up and at least tried to come to a private arrangement.

If I had blocked someones drive and this happened, I would also try to come to some sort of private arrangement had they approached me in a civilized manner and explained the situation.

Had I returned to my car with a note stating that someone was going to claim from my insurance company for damaging their car leaving their driveway, I'd laugh it off and make damn sure I didn't pay a penny.

Buzby

I'd love to say you ave a case worth fighting against this cretin, but your action against the inconsiderate parker was limited only to calling the police, who could arrange sanctions for obstruction, or if really helpful, get it lifted.

The negligence of scraping your own vehicle will remain your responsibility and your insurer will treat this as an at-fault claim, as no responsibility can be attached to the third party.

Chrisblue1962

Blocking access to a property with a vehicle or completely blocking a footway with a vehicle , is classed as obstruction under Highways Act 1980.

Your best move is to contact the police who should then tow offending vehicle away , allowing you to access or leave your property safely

[Deleted User]

Why did you not just call the Police. Yes it's not their responsibility under the TMA 2004, however they would have probably called the owner for you and asked them to move out of the way. Highway Act or no Highway Act, how many times do you hear "it's not us that deal with this call the Council", and then you call the Council and you get "oh we don't deal with that just yet, you will have to call the Police". I work in the industry so know that very well!

Where I live this happens a lot and I have been suprised at how many people have left mobile telephone number details with the Police, or I don't know how they appear on the PNC system.

I think it's funny how you thought you could claim just because they had done something wrong. It's really obvious that you cannot do this and clear that you wouldn't do such a thing knowing the very fact that you had to find a witness first!

Dukesy

My OH's parents used to suffer hugely with people blocking their driveway. FIL was a magistrate and had a very good handle of the law. Sometimes if they called the police, they would come straight out and at least issue some form of ticket. Other times, the call staff would refuse to send anyone out. FIL would tell them something along the lines of 'ok then, I'm going to shunt the obstructing car into the house opposite'. Amazing how quickly the police would be round, and they would always side with FIL.

People are incredibly inconsiderate sometimes, and it is deeply annoying. I remember one incident where someone had blocked our car into FIL's drive and we had got the police round, who further than ticketing it couldn't do anything and we NEEDED to get out - eventually a couple of OH's friends came round, and they lifted the back end of the offending vehicle up and dragged the whole vehicle so it was facing the other way. Said policeman was left directing traffic around it.

I WOULD NOT recommmend ever doing anything like that, though, so there's not a lot one can do. I certainly do not think that scraping your car because someone had parked badly would mean you could claim against them - unfortunately, I'm pretty sure that would be regarded as your own fault.

PDC

We have this happen often due to a parking space near our drive. Drivers who part a foot or so off the actual space often stop us leaving the house. Its very well saying 'call the police' but to me it seems rather ott to be expecting to do so on a weekly basis, which I'd have to do. Would be much better if people were a little more thoughtful in their parking and in where they leave their cars. Sadly a certain minority seems to be lacking in that department.

I can't see how you'd get money back from the driver that blocked your drive OP though unfortunately.