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  • Barny1979
    Barny1979 Posts: 7,921 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I knew MSE forum was in decline but I didn't realise how many nasty, judgemental people there are on here and this is just one thread. The OP wanted proper advice. Once her mother had explained the situation, she did the right thing. People are much too precious about their cars, anyway.
    When I was 21 and a student, I was parked in a University car park, when I returned to my car, someone had swung out of the bay next to mine and caved in the side of my car, resulting in over £600 of damage. They had driven off, with no note or details. Would you have just said ho-hum?
  • Altarf wrote: »
    Could explain or are you going to continue talking in riddles.

    Let's say he's over the limit on a Saturday evening parked on an industrial estate waiting for a premises to open Monday morning so he can deliver. He's done his weekly hours and is not driving on Sunday. If he blows 50 on a Saturday evening he'd be under the limit on Sunday morning and in any case he's unlikely to drive until Monday when he would be fit.

    Does that explain it for you?
  • Paradigm
    Paradigm Posts: 3,656 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Altarf wrote: »
    Could explain or are you going to continue talking in riddles.


    Already posted....

    To be fair that would be pretty easy for a Truck driver parked up at the end of his shift & taking his, legally required, daily rest!
    Curtains closed, in bed with his jim jams on watching TV.
    Always try to be at least half the person your dog thinks you are!
  • 8elarus
    8elarus Posts: 33 Forumite
    Thank you all for the Friday night fun. I guess I'm not the only one stuck home on this Friday night - I very much enjoyed reading the last three pages of the comments. No input from me whatsoever.

    I did want some advice and eventually got it. Thank you to those who hold off the self-righteous drivel.

    For the oh-so-perfect ones here:

    The forum IS in decline, full of trolls- up yours.

    I contacted my insurance company - regardless of the reasoning at the time, I felt this was the only right thing to do.

    I contacted them again- once mum explained what happened and assumed full responsibility. No need to slate me or mum, once gain, regardless of the reasoning both did the right thing, so up yours again.

    The other driver never bothered to get in touch or raise a claim- her problem, not mine. She ALLEGEDLY took pictures so has my reg number.

    What happened between me and my mum, how she felt, what was her reasoning at the time, etc is none of your business. She is my world and whatever she does I will stand by her and defend her till my last breath. This is NOT the subject of my post and NOT what I asked about. I realise posting publicly invites the little keyboard worriers and self righteous twits- have a good weekend. Up yours again and again.

    Yes I do question the ALLEGED damage to the other car. I made it clear to insurance I will not authorise any payout until the experts examine both cars and establish it's my paint on her door. The insurance company agreed.

    Some of you seem to spend a lot of their time here- try getting out there, there's a whole new REAL world;you might actually enjoy it.
  • 8elarus wrote: »
    Thank you all for the Friday night fun. I guess I'm not the only one stuck home on this Friday night - I very much enjoyed reading the last three pages of the comments. No input from me whatsoever.

    I did want some advice and eventually got it. Thank you to those who hold off the self-righteous drivel.

    For the oh-so-perfect ones here:

    The forum IS in decline, full of trolls- up yours.

    I contacted my insurance company - regardless of the reasoning at the time, I felt this was the only right thing to do.

    I contacted them again- once mum explained what happened and assumed full responsibility. No need to slate me or mum, once gain, regardless of the reasoning both did the right thing, so up yours again.

    The other driver never bothered to get in touch or raise a claim- her problem, not mine. She ALLEGEDLY took pictures so has my reg number.


    What happened between me and my mum, how she felt, what was her reasoning at the time, etc is none of your business. She is my world and whatever she does I will stand by her and defend her till my last breath. This is NOT the subject of my post and NOT what I asked about. I realise posting publicly invites the little keyboard worriers and self righteous twits- have a good weekend. Up yours again and again.

    Yes I do question the ALLEGED damage to the other car. I made it clear to insurance I will not authorise any payout until the experts examine both cars and establish it's my paint on her door. The insurance company agreed.

    Some of you seem to spend a lot of their time here- try getting out there, there's a whole new REAL world;you might actually enjoy it.


    There's no rush, she has six years to claim.
  • 8elarus wrote: »
    The other driver never bothered to get in touch or raise a claim- her problem, not mine. She ALLEGEDLY took pictures so has my reg number.
    How long ago did the incident occur?
    The other driver may well be getting estimates before contacting their insurers and this could possibly take some time to do
    8elarus wrote: »
    Yes I do question the ALLEGED damage to the other car. I made it clear to insurance I will not authorise any payout until the experts examine both cars and establish it's my paint on her door. The insurance company agreed.
    Irrespective of what the insurers may have told you on the phone, they don't need your authorisation before paying out to a third party especially as you have admitted to them that your mother did damage the other car.
    If it's not a hugely expensive claim then it's unlikely that any experts will want to examine either vehicle.
  • Altarf
    Altarf Posts: 2,916 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Irrespective of what the insurers may have told you on the phone, they don't need your authorisation before paying out to a third party especially as you have admitted to them that your mother did damage the other car.

    So as the OP has told the insurance company their mother, a passenger, did the damage, why would the insurance company pay out.
  • Altarf wrote: »
    So as the OP has told the insurance company their mother, a passenger, did the damage, why would the insurance company pay out.
    Because if the OP was still in the car (and I accept that we don't know if this was the case) then legally they are classed as being in charge of the vehicle and as far as the insurance company are concerned, responsible for damage done by that vehicle.
    Insurance companies often take the path of least resistance and if this involves paying out a small amount to another person then reclaiming that payment through increased premiums then in all likelihood this is what they will do.


    If the insurance had no intention of paying, why would they have told the OP that they wouldn't be paying out without their authorisation rather than simply saying that they were not liable?
  • Altarf
    Altarf Posts: 2,916 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Because if the OP was still in the car (and I accept that we don't know if this was the case) then legally they are classed as being in charge of the vehicle and as far as the insurance company are concerned, responsible for damage done by that vehicle.

    No that isn't correct and I suggest you read the case of Brown v Roberts [1965].

    The passenger caused the damage, and the passenger is responsible for it.
  • Nasqueron
    Nasqueron Posts: 10,636 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Altarf wrote: »
    No that isn't correct and I suggest you read the case of Brown v Roberts [1965].

    The passenger caused the damage, and the passenger is responsible for it.

    What you might find interesting is that many insurers actually cover damage caused by passengers getting out of the car specifically on the policy

    e.g. from MoreThan

    C. Cover for other people
    This policy also covers the following people while using your car against their legal responsibility to pay for causing injury to or the death of anyone or damaging another person’s property (we will pay up to £20,000,000, including legal costs, for any claim or claims arising from one incident):

    • any passenger travelling in, or getting into or out of, your car


    Direct Line

    Section A
    Liability to other people
    2. Cover for other people
    We will also provide the cover under section 1a for:
    ..
    anyone who is in or getting into or out of your car;

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

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