Car driven into and driver left scene

5parky86

Hi

My girlfriends car was driven into on our road and the driver left the scene (although only parked about 200 metres away). She came out to go to work and someone in the house where the car was parked had seen it and put a note on her car with the reg number and type of vehicle. He then came and out and showed where the van had parked, which was much further down our road.

About 30-45 minutes had passed and he hadn't put a note on her car. We then both went down to the van and it was quite clear from the large purple paint scrapes down the side of his red van that it was the vehicle involved. We took pictures and Then both hung about had a look up and down the street and then wandered back to the house to get some paper to write a note. When we came back down the van had moved to the otherside of the road, as if to hide the scrapes, indicating the driver knew we were there but he was yet to come out.

My girlfriend subsequently rang 101 and reported it, and was informed that the driver could be liable for leaving the scene of the accident. After 30 minutes or so of hanging around (approximately an hour to an hour and a half from incident) we decided to knock on some doors. The second house we came to which was very close to where the can was now parked the driver opened the door very quickly. He didn't apologise just said he had intended to leave a note later, which he wouldn't have been able to as her car would have gone with her to work had it not been for us hanging around. We live in a very long terraced street and there's no way he would have been able to find our house either.

He has admitted liability but wants to go through the insurance as he has protected no claims and excess of only £100. My girlfriend doesn't want to as she's only 22, has 1 years ncb not protected and doesn't want her insurance to rocket, which it inevitably will.

I've got three quotes from garages, one for £285, another for £180 + vat and another £150 cash, the last one we are happy to go with. After phoning the driver he is saying he wants to still go through the insurance as his excess is lower than this amount. I think we've been quite reasonable considering the situation, however as he's being the way he is about it, I'm inclined to say we go ahead with the leaving the scene of the accident which the police want to pursue, but won't do so without ours and the witnesses statement (who is happy to also do so).

Does anyone know from a legal standpoint where we lie?

Cheers

lee111s

Unfortunatley, as he caused the accident it's up to him whether or not he choses to go through the insurance.

Just because he has protected no claims doesn't mean his insurance won't go up as a result of the claim, is he aware of that? He will still have to inform his next insurer that he's made a claim.

The other option is for you to pay for the work yourself. Yes it's £150 but it'll save you premium from increasing next year. However, again, stricty speaking you should inform your next insurer that you have been involved in an accident whether at fault or not.

Finst

If I'm reading corrrectly, your girlfriend's car was parked at the time? In which case, you can either go through your insurance, or claim directly off his insurance. Given there is no question of who's at fault, I wouldn't expect your girlfriend's insurance to increase by much at all.

Personally, I think its unfair to ask him not to go through insurance, and I don't think you could in any case.

The leaving the scene of the accident is a separate issue really. People will have their own views about this, but personally I would make an appointment and encourage the police to charge him with this - no way he would ever have owned up to it.

5parky86

Ok thanks for the reply. No, I think he's under the impression that his insurance will stay the same as it's protected. Unfortunately we're both students and not particularly flush at the moment other wise I would probably just pay to get it done. Do you know where we'd stand with regards to incinuating we will pursue the leaving the scene of the accident as a method to persuade him to pay for the repairs?

Alter_ego

Lee, it's not the next insurer you have to inform, it's the current one, then usually any subsequent ones for 5yrs

Alter_ego

5parky86 wrote: »

. Do you know where we'd stand with regards to incinuating we will pursue the leaving the scene of the accident as a method to persuade him to pay for the repairs?

That could be interpreted as blackmail.
However both parties are obliged to inform their insurers, even if only for information if no claim is made.

5parky86

Finst wrote: »

If I'm reading corrrectly, your girlfriend's car was parked at the time? In which case, you can either go through your insurance, or claim directly off his insurance. Given there is no question of who's at fault, I wouldn't expect your girlfriend's insurance to increase by much at all.

Personally, I think its unfair to ask him not to go through insurance, and I don't think you could in any case.

The leaving the scene of the accident is a separate issue really. People will have their own views about this, but personally I would make an appointment and encourage the police to charge him with this - no way he would ever have owned up to it.

Ok thanks. Yes that's correct the car was parked at the time. When I've questioned him about his insurance, he's said that we will have to go through ours and not direct to his. I was under the impression that we could go directly to his as long as we report it to hers as well. If it was a lot over the excess I wouldn't bother asking him, but £50 over his £100 excess isn't much, and with what leaving the scene would give him fine, court costs and insurance increase wise I was thinking it was reasonable enough.

And no he wasn't going to notify her I don't think, and fortunately that's the way the police are also seeing it.

5parky86

Alter_ego wrote: »

That could be interpreted as blackmail.
However both parties are obliged to inform their insurers, even if only for information if no claim is made.

Thanks. That's what I was wondering, if it could be seen as coercive.

Finst

5parky86 wrote: »

When I've questioned him about his insurance, he's said that we will have to go through ours and not direct to his. I was under the impression that we could go directly to his as long as we report it to hers as well.

Usually you can go directly to his insurer - its in his insurer's interests to do so as it keeps costs down. Or you can go through your insurer. Or you can report it to your insurer who may offer to refer you to one of these accident management companies who will do it for you, and try to screw the other side out of hefty car hire premiums while your car is being repaired.

Which of the 3 is the best option for you is not something I can really help with. I would suspect going direct to his insurer would be the best if you have the time to chase them etc.

Alter_ego

For the sake of £50 or even £150 he should pay up, it's in his own interest.

tripled

You'd be as well off going through his insurance anyway. Someone cut into my again Renault on a roundabout a few years ago, but the damage to my car was just a scratch on the plastic door trim (their whole wing was caved in). When it came to renewal time and I played with quotes, I found that "Incident - No Claim Made" put the quotes up more than "3rd party at fault" in my case.

He's also perfectly in his rights to insist on using his insurance. What happens if he ponies up £150 cash, then you come back and say that something else is wrong and you need another £150? I'm not saying you would, but you can understand his reluctance to shell out on a dodgy backhand deal.

It sounds to me like you either need to offer to settle at whatever his excess is or accept you have go through his insurace. The efforts at blackmail clearly aren't working.