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Help - someone drove into car rear but claimed by fault

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Sorry if this is answered somewhere else:

In a gym car park earlier this evening, a car in front was reversing into a bay as I came over a large speed bump. I stopped on top of the bump. He needed more room, so I reversed back off the speed bump. I checked my mirror (torrential down pour at the time did limit visibility I admit) but I had reached the bottom of the bump when I was hit from behind on the right by a (black) car coming round the corner. I got out my (white) car but she refused (because of the rain) asking if there was any damage to her car and that I must not have checked in my mirror. I said that I had checked and she hadn't been there and that she had to have been too close to hit me as the distance reversed was less than a meter and must not have stopped in time. I told her to get out and look for herself. My car had a small amount of paint damage, but I inspected hers for signs of damage or white paint from mine. There was none.

I got back in my car and drove to a space. As I was parked I noticed as she drove past she took a photo of my car. I got out and went to find her as I couldn't understand why she was taking a picture of my car when there was no damage or need to involve insurance. My car was worse off and the paint could be polished out by mechanic friends.

I asked why she took a picture and she said for my license plate details. I said that we had both seen there was no damage and she replied that she wasn't sure because of the rain. I asked to go and view the car with her to settle this there and then. She again refused because of the rain. I insisted because I did not want her driving away and claiming for something that wasn't there.

We went and looked and she agreed that there was no damage. I gave her my word that I would not claim for the paint damage and she agreed that she wouldn't either as she said it was all petty and was getting her hair wet in the rain (yes, she said that!).

She ran to the gym to get out of the rain and I took a couple of photos to ensure that I recorded the number plate as she had mine and to show the lack of damage in the case of her breaking her word.

Should i report this incident to my insurance just in case, or trust that she will not claim? Who would the insurance company think was liable?

Any help appreciated!

Comments

  • puds1987
    puds1987 Posts: 19 Forumite
    Typo in thread title... *claimed MY fault*
  • forgotmyname
    forgotmyname Posts: 32,929 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You say there was no damage but did you check underneath? A proper repair shop may say that one of teh supprts has a small kink or ripple in it.

    As you were reversing then it will be harder to prove they drove into you. Especially as you say you were on a bump.

    Well worded it could easily be turned into totally your fault.

    I would inform my insurance just in case.
    Censorship Reigns Supreme in Troll City...

  • puds1987
    puds1987 Posts: 19 Forumite
    No I didn't check underneath... of either car as it didn't feel hard enough of a bump to warrant it.

    Will it go in my favour if I report it to my insurance before she does?
  • Going on what you say the insurance company might go for 50-50 blame. In the absence of witnesses it's your word against her's, so they will probably just split the difference. Then it counts as an at-fault claim for you.
  • specialboy
    specialboy Posts: 1,436 Forumite
    Inform your insurance company but be sure to tell them it's for information purposes only and you aren't making a claim.
  • roddydogs
    roddydogs Posts: 7,479 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What people say at the scene means diddly squat, as I know to my cost in a similar incdent.
  • Going on what you say the insurance company might go for 50-50 blame. In the absence of witnesses it's your word against her's, so they will probably just split the difference. Then it counts as an at-fault claim for you.

    /\ THIS

    She will just say she had stopped and you kept reversing back. You can't prove you were not and vice versa.
  • forgotmyname
    forgotmyname Posts: 32,929 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That speedbump would play a part in my version of events if i were the car behind.
    Doesnt matter who reports it 1st. Who writes the most convincing account of how the incident happened is more important.

    You already mentioned several issues to side with the other vehicle. That ramp, Poor visibility behind you, The fact you needed to reverse to give the vehicle ahead of you more room.

    Without CCTV your version against theirs.
    Censorship Reigns Supreme in Troll City...

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