Should I dispute car insurance liability decision?

Fraggle81

In May I was involved in an incident with another vehicle in the school car park.


Other car was stationary. She had pulled into a non parking space and was protruding into the path of traffic. I pulled in to allow a vehicle coming towards me to pass when my vehicle met with hers. I was doing approx. 2mph and caused a scrape to her bumper.


I provided my insurance details immediately but she admitted she was illegally parked and the damage was minimal so no need to involve insurers. At this she gave me her surname and mobile telephone number and no more.


Nothing more was thought of this until a letter was received asking for information from her legal representative. This information was promptly provided and a further letter followed from my insurers dated 28 July requesting completion of accident report form. This was completed and photos provided of parking position of other vehicle, damage caused and a further example of her poor parking skills taken on a later date when she was parked fully on a pavement at school collection time.


Insurers advised today that a 100% fault claim is being found against me. This has come following receipt of a claim form issued in Northampton County Court on 15 August claiming £2200 - £1200 for damage repair, £90 engineer report, £702 hire car + admin fees, £115 issue fee and £80 legal costs.


My insurers state that it doesn't matter what her parking habits are, I struck a stationary vehicle and I am therefore 100% at fault.


The claim form inaccurately states the accident occurred in a road 1.5miles away and items claimed appear wholly disproportionate (6 days car hire as vehicle not driveable).


Do I have any grounds to 1. Dispute liability with my insurance company and 2. Defend the claim myself given the claim was somewhat hastily issued and is excessive?

Quentin

No point you disputing this.


The roadside admission by the other side counts for nothing.


But you hitting a stationary object counts for everything! All your fault.

corbyboy

Fraggle81 wrote: »

My insurers state that it doesn't matter what her parking habits are, I struck a stationary vehicle and I am therefore 100% at fault.

This is basically all that matters. Her parking skills aren't relevant.

What would have happened if she was broken down?

mum2one

regardless of how she parked your classed as fault, it does sound she has gone the excessive route, even if you do dispute it the insurers will decide what they want to do and go with their own choice, x

Fraggle81

Doesn't matter that she parks wherever she feels and there is evidence to support this? She is putting herself at risk by doing so?


Any loop hole to cling on to given the claim form locates the accident elsewhere and I can prove I wasn't there?

mum2one

i doubt youd be able to use a loophole, although the paperwork wrong, the incident happened and as youve filled in forms stating the incident happened, I would ust chalk it up to experience x

rs65

Fraggle81 wrote: »

Any loop hole to cling on to given the claim form locates the accident elsewhere and I can prove I wasn't there?

There is a possibility that another accident happened elsewhere so I would dispute the facts.

If however it is changed to match your location and circumstances then, I'm afraid, you were at fault.

Aretnap

It's well settled law that if you hit a stationary car, you will nearly always be 100% at fault, even if the other car was badly parked. As a competent, careful driver you should be able to avoid hitting stationary objects - even ones which aren't really supposed to be there. There might be a few rare exceptions where the parking is so bad and creates such an obvious danger that there would be some liability on the part of the other driver (maybe parking on a blind bend, or in a live lane of a motorway), but they are few and far between.

If you dispute the claim on the grounds that the claim form has a mistake on the location, they can just issue a new one with the correct location. A minor error on the paperwork is a minor error on the paperwork - not a get out of jail free card.

In any event the final decision on whether to pay the claim or defend it lies with your insurer. When you take out an insurance policy you agree to allow the insurer to settle claims on your behalf - after all it's their money, not yours, which they're handing over. If they're willing to pay £2200 they presumably don't think it's excessive, or at least they're not confident that a court would find it excessive.