Neighbour hit my parked car, says I can't do anything about it

dori2o

I was visiting my parents, as I do regularly, last week as it was my Dads Birthday and I was dropping off his card/present on my way to work.

I was in the house a matter of minutes and when I came out their neighbour was looking at the side of my car, he had come off his drive and hit the side of my car causing damage to the paintwork and he has put a dent in the bottom of the front passenger door.

My parents live in a corner house (internal corner) and I park at the top of their drive, but not on it whenever I visit. The curb is droped to allow access to the drive. My Parents drive drops down, but the driveway nextdoor stays on the same level as the road. I can't park on the drive as my Dad parks his car at the top of the drive.

This means I am very close to nextdoors driveway but I am not obstructing it at all.

In order to get off either drive you have to reverse and (whilst still reversing) then turn sharp left, reverse a bit more, then drive off to the right. (it's a cul-de-sac)

He has come off the drive, and then as he's turned sharp left, the front oh his car has hit my nearside front door.

At first he was apologetic, then he started going on about t-cutting out the paint damage, and refused to accept that the dent in the bottom of the door was caused by him.

I asked for his insurance details which he refused to provide and he insisted again on getting the paint repaired, probably by his Son-in-law who works with cars.

I don't want that, at the very least if he won't go through the insurance I want the garage who mantains my car, who I have a good relationship with, and who always do an excellent job to do the work. He doesn't want to go through his insurance as he wrote a car off last year.

I've obtained a quote and to repair the dent in the door and respray they have quoted £200+VAT, which I think is very reasonable, especially as it's metalic paint. The garage has confirmed that the paint damage cannot be t-cutted/polished as it has gone through the upper layers of the paint, so there is nothing left to t-cut.

I will also need a replacement car for 2 days (the garage will need the car for 2 days) as the car is essential for me, therefore I will have to hire one which will cost £55. I'm assuming that he should pay this cost as well as paying for the repair if he won't go through his insurance?

I have not sent him the quote yet but before the conversation I had with him last week was over he, in temper at me insisting on having his insurance details or name/phone number/reg/address etc, said that he wouldn't have to pay anything as I was parked illegally.

He is saying that as I was parked partly on the pavement (where the curb is dropped to allow access to my parents drive) I was parked illegally and therefore I have no claim.

Is he right?

Surely whether parked illegally or not (which I wasn't), he has hit a parked car.

If he wasn't sure if he could get off the drive without hitting my car then surely the sensible thing to have done would have been to knock on the door and ask me to move the car?

Any advice?

If he refuses to pay when he gets the quote etc should I just phone the insurance company and let them deal with it?

DUTR

dori2o wrote: »

Any advice?

If he refuses to pay when he gets the quote etc should I just phone the insurance company and let them deal with it?[/QUOTE]

You should inform the insurance in any instance, and probably 1st port of call.

ETA which way was the parked vehicle facing for the party to collide with the nearside?

zaax

Parking partly on a pavement is not illegal except London. Does he actually have insurance?

It what you pay your insurance for. If you can take pictures, and have another conversation with him and record it, then if he denies it you have something to use.

BTW putting through insurance will cost him (or his insurance co) about 2K + his no claims bonus + very expensive car hire

Stoke

No, he's lying. I'm not sure if you were parked illegally, but he hit a stationary object, therefore, he is liable for damages. Going down the private route, aka, an independent garage, is the most reasonable route for all of you, but it sounds like he's being difficult.

If he continues to be difficult, I would be tempted to go back with a voice recorder and have him admit liability in another and then you have evidence that he's admitted fault. Never tried this idea, but hey, might work.

PasturesNew

Another "bit" to add to the pile of advice is: reversing out of a driveway puts you most likely to be the person at fault. You'll need to google further to find out what that's all about... I think it's in the Highway Code.

dori2o

DUTR wrote: »

dori2o wrote: »

Any advice?

If he refuses to pay when he gets the quote etc should I just phone the insurance company and let them deal with it?[/QUOTE]

You should inform the insurance in any instance, and probably 1st port of call.

ETA which way was the parked vehicle facing for the party to collide with the nearside?

I was facing the driveway, he was the neighbour to the left of my parents house when you look from the pavement.

DUTR

Stoke wrote: »

No, he's lying. I'm not sure if you were parked illegally, but he hit a stationary object, therefore, he is liable for damages. Going down the private route, aka, an independent garage, is the most reasonable route for all of you, but it sounds like he's being difficult.

If he continues to be difficult, I would be tempted to go back with a voice recorder and have him admit liability in another and then you have evidence that he's admitted fault. Never tried this idea, but hey, might work.

The recording would not be submissible unless both party's were consentual to the recording taking place.
If the OP's car was badly parked, then they may have to accept some liability .

Confusedandneedhelp

DUTR wrote: »

The recording would not be submissible unless both party's were consentual to the recording taking place.
If the OP's car was badly parked, then they may have to accept some liability .

Why do you say that? There is no law preventing recording, and any evidence can be considered on it's merits.

DUTR

Confusedandneedhelp wrote: »

Why do you say that? There is no law preventing recording, and any evidence can be considered on it's merits.

Indeed there is no law preventing recording in a public place, voice recording does not just commit to telephone conversations, and who is to stop to actors playing the part of the 1st and 3rd party?

DUTR

dori2o wrote: »

DUTR wrote: »

I was facing the driveway, he was the neighbour to the left of my parents house when you look from the pavement.

Was the the nearside of the vehicle towards the nearside footway or towards the centre of the road?

bod1467

There's no law to prevent recording. There IS one however that prevents the publication of any such recording without the consent of all parties involved. (RIPA so I believe)..