Obvious 100% Liable, Insurance says 50/50

rs65

stonesy wrote: »

The car is a three door, and in the video the passat is covering the passenger side door?

Is it? Is it not passing your drivers side?

stonesy

Idiots award goes to me..

Well that would be me being laughed out of court - You are correct! I don't know where the hell I was going with that one.

"I was filling up oblivious, passenger hears a sound and fails to get out the vehicle but does manage to get the registration. He informs me as I open the door, I have a quick glance and then move my vehicle to the rear of the station where I get out of further inspect finding cosmetic damage."

If I am going to proceed, how exactly can I go about getting the third party details when they drove away? The police and insurance company aren't being forthcoming and won't release the details so I can even begin mediation, let alone a small claim.

vaio

which version did you use to launch your insurance claim?

stonesy wrote: »

...... I was at a Petrol Station filling my vehicle, I was parked in front of a gentleman already filling and paying.

When he returned to his vehicle and I went to go to pay, he drove between my car and the adjacent pump; scratching my bumper beyond the paint, and shunting my car forward......

or

stonesy wrote: »

.........I was filling up oblivious, passenger hears a sound and fails to get out the vehicle but does manage to get the registration. He informs me as I open the door, I have a quick glance and then move my vehicle to the rear of the station where I get out of further inspect finding cosmetic damage.

or

stonesy wrote: »

......My witness/friend stated "He heard a slow crunching/scratching sound, and he 'felt' the bump"

He looked out the rear view, the third party once past my vehicle continued to drive off and did not stop my witness couldn't get out of the car at the time as it was side-by-side with his door........

or

stonesy wrote: »

The car is a three door, and in the video the passat is covering the passenger side door?.......

stonesy

I'm not trying to fabricate a story out of thin air, although it may seem that way with the glaringly obvious 'holes' so to speak.

I was not given a chance to put my case forward to my insurance company - I rang them and the police on the night it happened. I then contacted the Petrol Station myself so they kept the footage for the police, 2 months on my insurance were still messing around 'getting' the footage off GMP - so I put in a FOI request to Morrisons and got the footage on disc myself, which I then sent to my insurer, who are now informing me of the lack of evidence in the footage and are now unwilling to pursue it any further.

Admittedly I need to get my account of the events straight, but I am in no way trying to go after someone for a 'false' claim, I just want my car repaired without damaging my NCB.

eaglesrjh

well you wanted opinion then here goes.

i've watched the video a number of times and if the other driver is saying to his insurers that he didn't hit you then there is insufficient evidence to prove he did.

no visible movement of the car (the kind of stuttering this type of footage gives is difficult at the best of times)
the sunlight reflecting on the car obscures the point of impact.
no reaction from yourself.
no instant reaction from your passenger.
no clear evidence that the damage was not present before this time.
no reaction from the driver behind in the queue pulling into the space.

I cant see his insurers taking the blame on those grounds.

small claims court, well possible, your passengers evidence would be allowed I believe, however is the risk of losing and therefore losing the court fees worth the cost of getting the damage repaired?

There is a fee for filing a claim, and then possible further fees if the claim was challenged, you'd only get the fees back if the court found in your favour and deemed the other driver responsible for all your costs. not sure that would happen if i'm honest.

forgotmyname

You may not be making it up but you dont sound that sure of the events and exactly what happened.

You didnt hear the impact. Its a small scrape so fair do. But you also say it was shunted forwards. No visible evidence of that.

If an ajudicator thinks you lied about that then they will also think possibly you lied about other bits also.

If it shunted forward how would you not notice?


Puzzled as to how the car blocked your passenger from getting out? Is it a left hand drive or something?
Quite odd if it is because you got out of the passenger side if thats the case.

Before you paid you opened the passenger door. Would they have not told you about the impact at that stage?
I would have then looked before paying.

closed

If the other driver is saying it didn't happen, why are they offering 50/50?

http://www.youtube.com/watch?v=QVl43pk6FYU

the car behind the white car moves out at 11.27 and is gone by 11.57, whilst the white car was being filled up by you, and presumably the passenger was still sat in the passenger seat right next to you. They didn't mention it until you paid, but you did open the passenger door at 12.05 - 12.30, then paid, then drove off, then checked near the airpumps at the back of the garage. Most people would walk and look straight away after being told they'd just been rammed by a car. With all those people milling about, it would be unusual for someone else not to mention it too.

OP's car not in shot, but passat pulls out at 11:29-12:00 and it blocked by white bmw in this video to save anyone spending an hour trying to find it, http://www.youtube.com/watch?v=FDsGm3ZQ7as

The fuzzy video is is made even more useless by the glare of the sun which completely masks the area.

The video is so unclear, that it could also be argued that you reversed into them at 11:09, and didn't leave a sufficient gap.

You'd have to be more or less deaf, blind, and daydreaming not to notice another car scraping your bumper 4 feet away.

The only conclusion that can be made from the video is that the garage need a better cctv system, it's not even timestamped.

post a photo of the damage, then someone may be able to tell you if it's £500's worth. if you claim, you won't lose a full 5years NC, but your next premium may go up regardless.

Plastering the reg on the net isn't a good idea.

InsideInsurance

So I am still the only one that is confused as hell over which the OP is, who the TP is and at what point the collision actually happened?

Others have already passed comment on the video and as I cant even identify the parties there is little point in me saying anything on that aspect other than to agree that the lack of an obvious impact and inconsistencies with the stories + lack of reaction isnt going to stand you in good stead.

To the other questions, you can write to the DVLA to confirm who the registered owner of the vehicle is, see https://www.gov.uk/request-information-from-dvla on how to do this. Likewise you can get the insurer of the vehicle at the time from https://www.askmid.co.uk for £4

Your thread title is "Obvious 100% Liable, Insurance says 50/50" and yet you dont mention anywhere in your posts about insurance. Which insurer has said 50/50? Have your repairs actually been done? Did you pay for them privately or did your insurers pay for them?

If you were to decide to go to court off your own back you need to keep your insurers informed and include any of their outlay in your case unless they advise you otherwise.

*Scarlett

OMG I hate putting petrol in my car (not just the cost). I thought there was nothing that would bore me more than putting fuel in a car - Wrong - it's watching someone putting fuel in a car:eek:

vaio

InsideInsurance wrote: »

So I am still the only one that is confused as hell over which the OP is, who the TP is and at what point the collision actually happened?......

about 11 mins in...the OP in a litle white car pulled past an already fuelling black VW then reversed back towards it. OP then started fuelling the little white car, VW driver went and paid, returned to his car and left by pulling out past the OP's car.

OP says that whilst doing this the VW hit his car (OSR corner) shunting it forward & causing £500 damage.

Tricky bits include the OP standing 4 feet away fuelling his car didn't notice either the collision or shunting forward of his car, the OP's passenger did notice but didn't get out and mention it. Some confusion about which side of the car the front seat passenger was sitting etc etc. See post #24 for the various options presented so far.

All a bit strange and I suspect he'll struggle to convince an insurer or judge that a collision took place at all with the evidence presented so far.

Don't know which insurer has suggested 50/50 and also don't know which version of events the insurer has been told .