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Insurance liability problem

24

Comments

  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Harry450 wrote: »
    Hi, 6 months ago I got into my car in the car park of a small shop, I reversed out slowly as it's a bit tight anyway and there are only 4 spaces. In the space between me getting in my car, checking mirrors and putting my seatbelt on etc this chap flies in behind me, parks and evidently runs into the shop. I'm in a high 4x4 and he was in a low Audi plus we are on a hill. He had park behind me and blocked the entrance to the car park as well, effectively blocking everything.
    I got out once I bumped into his car and went to ask the shop to find him which they did. Bottom line is that he didn't want to exchange details as it wasn't his car and he wasn't insured. He accepted liability on the spot apologised for the way and manner he had parked and wanted to leave it at that. I thought we had to exchange details by law so I managed to get his phone number and I texted him my details. I never heard another thing either from him or my insurance company until today (incident was last December) when my insurance co got in touch. I explained my position to them and they agreed with me on the phone. I asked who was making the claim as the man who was driving the car was not insured (car was his girlfriends uncles or some other distant relation) and he had borrowed it in a hurry. The claim is being made by the cars owner/ insurer but the only details provided are that I reversed into his stationary car.
    That part is obviously true but as the driver was not insured dies he have any liability?

    My insurance company decided that I was fully liable with 10 seconds of them putting the phone down according to their email? Just want to know if there is anything I can do about it. I do have photos of the way he parked the car and the slope of the car park etc. Will any of that help.

    He wasn't driving when you hit him so how can he be liable?
  • Harry450
    Harry450 Posts: 9 Forumite
    Thanks for your replies, I get that I am liable and am an idiot for forcing my details on him when in reality he just wanted to clear off. I have now learned my lesson and when someone says they agree it's their fault and don't want my details I won't provide them.
    I will also avoid tiny 4 bay car parks where idiots think it's ok to stop behind legally parked cars just so they can "pop in for a sandwich" and block others in. We live in a very hilly place, as in mountainous so visibility can be an issue due to slopes but if you live in a flat area that may not be something you need ever consider.
  • Harry450
    Harry450 Posts: 9 Forumite
    Yep, did that, not visible due to the way he "stopped" his car.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Harry450 wrote: »
    Thanks for your replies, I get that I am liable and am an idiot for forcing my details on him when in reality he just wanted to clear off. I have now learned my lesson and when someone says they agree it's their fault and don't want my details I won't provide them.
    I will also avoid tiny 4 bay car parks where idiots think it's ok to stop behind legally parked cars just so they can "pop in for a sandwich" and block others in. We live in a very hilly place, as in mountainous so visibility can be an issue due to slopes but if you live in a flat area that may not be something you need ever consider.

    I very much doubt the gradient has such an effect on visibility across a small car park. #shouldhavegonetospecsavers.
  • Geodark
    Geodark Posts: 1,049 Forumite
    Part of the Furniture 1,000 Posts
    Harry450 wrote: »
    Thanks for your replies, I get that I am liable and am an idiot for forcing my details on him when in reality he just wanted to clear off. I have now learned my lesson and when someone says they agree it's their fault and don't want my details I won't provide them.
    I will also avoid tiny 4 bay car parks where idiots think it's ok to stop behind legally parked cars just so they can "pop in for a sandwich" and block others in. We live in a very hilly place, as in mountainous so visibility can be an issue due to slopes but if you live in a flat area that may not be something you need ever consider.

    What gets me is you hit a parked car but wont accept responsibility. I know its a cliche, but what would have happened if it was a child crossing behind you as you reversed? This was 100% your fault.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    I'm trying to figure out why you reversed into it if you'd seen him drive in and park it. Or, perhaps, how you know how/when he drive in and parked if you didn't see it before you hit it.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,947 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry OP, you're entirely liable. I'd love to see a streeview of this place to see what this steep gradient you describe actually looks like. If you were both parked on the same gradient, there would be no effect on visibility anyway. You'd have the same view out of the rear of your car as if you were both parked on level ground!
  • harry_et
    harry_et Posts: 14 Forumite
    Ninth Anniversary Combo Breaker
    Gosh, there are some very aggressive people on this forum. I have accepted liability and never denied it. My main question was about how I stood as he was uninsured. This is my first accident in 38 years of driving so I genuinely had no idea what, if any, his responsibility was. Also I am curious about why the actual car owner would peruse thus after such a long time. Thought you had to report things straight away but have now found out that is not the case.
    My worry is that they have had another accident and want to load the further damage on to me. I do have tons of photos from all angles so if they are making a fraudulent claim that will become evident. To be honest, the damage was very minor as it was caused by my spare tyre touching the drivers door. My own garage estimated the repair costs at less than my excess at £300
  • Harry450
    Harry450 Posts: 9 Forumite
    No I didn't see him drive in, noticed a man running into the shop but didn't make the connection at the time as his whole manoeuvre must have taken less than 5 seconds.
  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    Do you want to stick to one login for clarity's sake?
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