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

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  • pvt
    pvt Posts: 1,433 Forumite
    DUTR wrote: »
    as PVT and OnanTheBarbarian will easily win your case even if the techniques are questionable, there is some misinformation being spouted as fact.

    Pointing out to a person who is going to give false evidence that they will be committing perjury can be sobering and effective. Even if the evidence is very flimsy.

    For example, it may be easy to get your mate to sign a false witness statement that he saw your accident occur, and it was all the other bloke's fault. But when you ask him to actually perjure himself in a court and be cross examined on the details you've fabricated for him, he may have second thoughts about the odds - even if it's 95% you win and keep your NCD, and only 5% he's found guilty of perjury and gets a criminal record.
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
  • kwmlondon
    kwmlondon Posts: 1,734 Forumite
    I'm a pragmatists. If you can find £200 +vat without it affecting you too much I would just pay it, give him the invoice and if he doesn't pay move on. When you think about how much time and effort it would take you to take any kind of action, with a small chance of success, versus him having a very good chance of winning just by doing nothing at all.

    However, if it riles you so much that you cannot let him get away with it then prepare for a long, tedious battle with little chance of success.
  • gycraig_2
    gycraig_2 Posts: 533 Forumite
    Is it actually legal to park on a dropped curb for a drive even if it's your own drive ? I thought the basic idea was you couldn't,
  • facade
    facade Posts: 7,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 8 July 2014 at 4:48PM
    Just follow OnanTheBarbarian's advice from 1 to 5.

    If you get nowhere point 6 should read

    Remember- you know where he lives, and you have the whole of the rest of your life to remember what he owes you.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    gycraig wrote: »
    Is it actually legal to park on a dropped curb for a drive even if it's your own drive ? I thought the basic idea was you couldn't,

    From what I recall, it depends on whether there is a vehicle on a drive or not.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    6- Bum his dog

    I wouldn't video that though .... as discussed earlier about video/legality ... I don't think videoing this would be legal.
  • OnanTheBarbarian
    OnanTheBarbarian Posts: 1,500 Forumite
    Sixth Anniversary 1,000 Posts
    People, you need to move away from the fascination about whether it is legal to park on the dropped kerb etc.

    Even something that gives rise to criminal liability, does not then automatically impose civil liability.

    Examples, I park my car on a double yellows and someone drives along and fails to steer around the parked car and crashes into the driver side rear corner. Yes I'm naughty for parking on a double yellow, but my vehicle is there to be seen and the other party is wholly negligent for failing to keep a proper lookout or steer their vehicle in a safe manner.

    Another example, I am sitting at traffic lights, pished out of my skull after a 15 pint bender, whilst waiting at the red light, another motorist crashes into the back of me.

    Yes I should not have been on the road, but I am not prevented from claiming damages for losses and injuries due to the negligence of the other party.

    The neighbour breached his duty of care to take reasonable care to look where he was going.

    Imagine this scenario

    Q1 - "did you see the parked car when reversing?" - A - Yes - OK you saw the vehicle but hit it anyway. - in other words you are negligent

    Q2 -"Did you see the parked car before the impact?" - A - No - So you were not looking where you were going then? - in other words you were negligent.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    People, you need to move away from the fascination about whether it is legal to park on the dropped kerb etc.

    Even something that gives rise to criminal liability, does not then automatically impose civil liability.

    Examples, I park my car on a double yellows and someone drives along and fails to steer around the parked car and crashes into the driver side rear corner. Yes I'm naughty for parking on a double yellow, but my vehicle is there to be seen and the other party is wholly negligent for failing to keep a proper lookout or steer their vehicle in a safe manner.

    Another example, I am sitting at traffic lights, pished out of my skull after a 15 pint bender, whilst waiting at the red light, another motorist crashes into the back of me.

    Yes I should not have been on the road, but I am not prevented from claiming damages for losses and injuries due to the negligence of the other party.

    The neighbour breached his duty of care to take reasonable care to look where he was going.

    Imagine this scenario

    Q1 - "did you see the parked car when reversing?" - A - Yes - OK you saw the vehicle but hit it anyway. - in other words you are negligent

    Q2 -"Did you see the parked car before the impact?" - A - No - So you were not looking where you were going then? - in other words you were negligent.

    Good examples, although I would like to add perhaps that in the case the OP describes, his vehicle was parked in a place causing an obstruction.

    I am wondering why there is a reluctance to inform the insurer.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DUTR wrote: »
    Good examples, although I would like to add perhaps that in the case the OP describes, his vehicle was parked in a place causing an obstruction.

    I am wondering why there is a reluctance to inform the insurer.

    It's very rare for how you've parked to make you liable, partly liable or to let the other party off. Very rare.

    The other party has hit a stationary object
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dacouch wrote: »
    It's very rare for how you've parked to make you liable, partly liable or to let the other party off. Very rare.

    The other party has hit a stationary object

    I'm glad you typed rare as opposed to never, I know on my road, cars have been booked for being parked with the front facing nearside traffic even in the daytime.

    I do feel in the case of what the OP describes, this could end up split liability.
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