Not admitting liability

jbainbridge

Given your witness and photos what is your insurance company doing? This is what you pay them for!

Warwick_Hunt

Li5anaylz wrote: »

Well thats what I will do then. There was no other damage to my car before her car hit mine she woukd have to prove that there was? She has met her match.

If you end up taking her to court you'll need to prove she caused the damage.

Li5anaylz

Exactly! Nothing! They have said the response is just "not accepting liability" So until they do, which by the looks of things - will never, I'm down £350. Well no, I'm not accepting that.

iammumtoone

Who are your insurance company I need to put them on my avoid list. They should be fighting your case, especially as you have a witness and your car wasn't moving.

Have you spoken to them, what have they said, maybe you need to push them harder before you start to involve courts.

iammumtoone

Li5anaylz wrote: »

I'm down £350.

You are down more than that as you will lose your no claims and your premium will rise (it will rise anyway with a claim but not as much for a non-fault one).

Thats why you need to push your insurance company to sort this out. Its not just about getting your £350 back.

Carrot007

Perchance did you go with the cheapest insurer and not pay attention to what they provide? If so it is not suprising they want to do little.

Also people seem to be unaware of the purpose of insurance. It is not to protect you if you are innocent. It is to offset your costs if there is no one else to blaim.

If the other party did put on their hand brake (the only way you could have proved otherwise was a photo at the time and then again that is not so easy with a EHB) then I find it unlikly they are resposible, the cars movement was an accident. This is why you have insurance.

Li5anaylz

Aviva! And no the cheapest!

Li5anaylz

Also just to add she IS responsible as she was parked downhill and whether or not her handbrake failed or was not correctly applied then she has neglected to leave it in gear

iammumtoone

Carrot007 wrote: »

an accident. This is why you have insurance.

but every insurance claim is the result of an accident nobody causes an accident on purpose.

Isn't it down to the other car owner to prove that the handbrake was faulty, fairly easy to do it would need to be repaired by a garage if it was. If its not faulty they are at fault for not applying it properly. Granted they didn't not apply it on purpose but if someone drives into the back of someone they are to blame and they wouldn't do that on purpose either.

Carrot007

Li5anaylz wrote: »

Also just to add she IS responsible as she was parked downhill and whether or not her handbrake failed or was not correctly applied then she has neglected to leave it in gear

Which is a good argument. Although I do wonder if it's enough since it seems to not be common practice these days. FWIW I always leave my car in gear, why would you not (do modern automatics let you?).

I was not getting at you, just providing thoughts that may be useful! I also think you mean she was parked uphill unless you live in a physics free zone :j