Advice! Someone crashed into my parked car

APK2013

So someone crashed into my car which was parked legally within a bay outside a hotel.

Whilst I was in the hotel (for 1 hour) someone reversed from their spot into my car then drove off. It is estimated at £1,500 damage to the drivers side front and side panels.

Fortunately a taxi driver was parked and waiting for a fare he saw the incident provided a witness statement and left it for me. By the time I cam back to the car the taxi driver had gone and two notes were left on the car wipers.

1) The witness statement and taxi driver details
2) A scrap piece of paper with a car reg and mobile no. (Driver must have come back as taxi driver said he just looked at his car and drove off)

I contacted the police and gave them the details, they advised to contact my insurance company. Which i did provided them with all the details and witness info.

I contacted the number on the scrap piece of paper and the person would just answer and reject or it would go to voicemail (Lebara mobile).

Two and a half months later my insurance company are saying I have to pay my excess and lose my no claims bonus for fix the car as the 3rd party insurance company are denying their client was there as he does not live in Manchester. Sorry what?

What can I do here? The guy is now denying he was there and there was no incident citing "no damage to his car". My insurance company (Diamond) are saying that witness statements don't mean anything...but they have asked the taxi driver again for a detailed description of the car and driver.

All Diamond are interested in is me paying my excess and losing my no claims rather than getting the 3rd party insurance to pay. So far I've refused to pay it.

Tilt

Did the police pursue the other driver for failing to stop and exchange details? Have you asked them for the TP's address?

As for the insurance matter, you should pay the excess otherwise you car will not be released to you.

If you have legal protection ask them to deal with it. If not write a
formal letter to both TP and his insurers stating that unless your claim is settled within 7 working days, you will make an application to the small claims court to recover all your losses. Mention that you have an eye witness to the incident. It may also be an idea to ask the hotel if they have any CCTV footage which covers that area.

Keep copies of all correspondence and send letter by recorded delivery.

Keep us posted.

APK2013

No the police said that the driver just had to leave "something" the scrap piece of paper with a mobile number and reg apparently is sufficient. Follow up with my insurance which I did.

Clarification on the insurance - I still have the car its fine to drive I took it to their recommended garage for a quote which they gave to the 3rd party. The damage is to the bumper and headlights - the lights work fine. I don't know how it adds to to £1,500 to be honest. I don't want to pay the excess to Diamond as i'll be £450 out of pocket temporarily or permanently. If I have to pay it though...

Apparently his insurance company is some by internet only where they don't have a phone number for "outsiders" to call! I don't have the guy's name or contact details. Will I be able to get this from my insurance? I assume they have it! I've left it when them thus the reason for them re-contacting my witness - I have legal cover with them.

Surely he can't get away with this? I have a witness statement from someone completely unconnected to me (detailing and also saying he drove off) and he obviously came back to leave his mobile number. So how did I get his mobile number if he wasn't there!?!?

Aretnap

APK2013 wrote: »

No the police said that the driver just had to leave "something" the scrap piece of paper with a mobile number and reg apparently is sufficient. Follow up with my insurance which I did.

That's not strictly correct - he either has to give his name and address (not phone number) in person (not a scrap of paper shoved under the windscreen - apart from anything else it might blow away) or else he has to report the accident to the police.

In practice though the police will not tend to be too interested if teh accident didn't cause injury and he made some sort of effort to give his details.

If you made the claim through your own insurers it's quite normal to have to pay your own excess as it's something which your insurer won't pay, regardless of fault. You will have to pursue his insurers for it as an uninsured loss. If your policy comes with legal cover it should help you with this.

Ultimately for you or your insurers to claim successfully you have to prove (on the balance of probabilities) that it was him who hit you. He seems to be denying all knowledge, which means you may need some evidence that it wasn't someone impersonating him - it's not unknown for people to leave false details after all. Do you know if the taxi driver actually got his registration number? A description of the driver from him will also help.

AdrianC

APK2013 wrote: »

Apparently his insurance company is some by internet only where they don't have a phone number for "outsiders" to call!

There has to be contact details on a business website, by law. What's the insurer?

I don't have the guy's name or contact details. Will I be able to get this from my insurance?

Your insurer will be able to get them. They won't give them to you, though.

I have legal cover with them.

Now is the time to use it.

Surely he can't get away with this? I have a witness statement from someone completely unconnected to me (detailing and also saying he drove off) and he obviously came back to leave his mobile number. So how did I get his mobile number if he wasn't there!?!?

Let's say that you're somebody I don't like very much for whatever reason. I see somebody reverse into a parked car, and leave. Or maybe I did it. Wouldn't it be really, really amusing if I then left your registration and phone number on that parked car...? Heheheheheh...

Would you be happy with your insurer just rolling over and accepting that note as being proof of your guilt? Of course you wouldn't.

All you have is a piece of paper with a mobile number and a registration on them. Your insurer's contacted the insurer who covers that vehicle, they've contacted their customer, who denies even being near it. You don't even know if the phone number belongs to the same person.

Tilt

This is the legal obligations of a driver involved in an damage resulting accident (i've highlighted the important bit);

If damage has been caused to another person or another person's property, you must stop and provide your full details to the injured party/the owner of the damaged property. You must supply your name and address and the name and address of the owner of the vehicle you were using, if it is not your vehicle. In the case of a person suffering injury you also have an obligation to report the matter to the Police "as soon as reasonably practicable" but in any event, within 24 hours.

If you do not comply with the above, you would be guilty of an offence under the road traffic act.

Was it a REAL policeman you spoke to I wonder?

Anyway hey ho... because of the above not being complied with, you now have an obvious problem as you don't have the address of the TP.

Your options are simple. If you have legal protection, ask them to pursue the TP's insurers to the point of legal proceedings.

Otherwise do it yourself and follow my advice by writing direct to the TP's insurers and threaten legal action.

But I don't understand why you won't pay your excess... it is an un-insured loss which you are responsible for initially paying and then claim back from the TP.

APK2013

The witness statements provides a brief description of the incident with order of events, description of the car, the registration make and model and a generic description of the driver.

The scrap piece of paper (may not be the person) provides a mobile number and the same car reg. The person won't accept a call.

I've been dealing with the legal team. I don't want to pay the excess as i'm technically not making a claim on my insurance - I'm simply asking their legal representatives to contact the 3rd party.

They initially accepted they would deal with the claim now they are saying the driver wasn't there for the following reasons "he doesn't live in Manchester" the location of the incident.

I find it hard to believe a local taxi driver (40+) would have a vendetta against someone who lives in another city. I have two pieces of paper on my car - one describes the event one by another hand with the same car reg.

APK2013

I don't have a problem paying the insurance company. If I make a claim on my insurance I'll gladly pay it.

I'm simply asking my insurance to do their job and act on the incident. Isn't that what I paid for? Fully comp insurance with legal cover? Why would I then have to pay my excess for them to participate with the legal proceedings?

APK2013

If I pay my excess then my insurance premium will go up for the next 5 years. Probably averaging the same price as to get the car fixed - a max of £1,500.

If I can't get the 3rd party to claim then I'd rather pay for the repair myself and keep it away from the insurance company for the sake of my premium going up for a no fault claim...

Tilt

With respect you are going around in circles... give your legal team a kick up the backside and tell them to do what they get paid for!

They should have enough information to get on with it.

As for your excess, your policy will no doubt say that you are responsible for paying it and then claim it back from the TP.

AdrianC

APK2013 wrote: »

I don't want to pay the excess as i'm technically not making a claim on my insurance

You have a straightforward either-or choice...

* Claim from your insurer, who - if there's sufficient evidence - may get the other insurer to accept liability and pay out. If they can't, then it's going to cost you your excess.

* Don't claim.

The third option, claiming direct from their insurer, is not open to you, since...

I'm simply asking their legal representatives to contact the 3rd party.

...you've already told us that they've done that, and the insured has denied liability. Remember this bit from your original post?

APK2013 wrote: »

Two and a half months later my insurance company are saying ... the 3rd party insurance company are denying their client was there

They have already done what you're "simply asking", and that third party hasn't just rolled over and admitted it. It's their word against a random anonymous piece of paper.

I have two pieces of paper on my car - one describes the event one by another hand with the same car reg.

And that second scrap of paper is not proof of anything beyond some anonymous and random individual's basic literacy skills.