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Someone crashed into my parked car and is now claiming it was illegally parked, please help

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  • Car_54
    Car_54 Posts: 8,859 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    unforeseen wrote: »
    You must give name and address.

    RTA 1988 sect 170


    And those of the car owner if it's not yours.
  • Tilt
    Tilt Posts: 3,599 Forumite
    Sorry, havn't read the entire thread so not sure it's already been asked (and answered) but has the OP reported the other driver to the police for failing to exchange details and told them the circumstances of the 'accident'?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Tilt wrote: »
    Sorry, havn't read the entire thread so not sure it's already been asked (and answered) but has the OP reported the other driver to the police for failing to exchange details and told them the circumstances of the 'accident'?

    Is there really much point? The only thing they're lacking is an address and without any witnesses it's an insurance matter.
  • Tilt
    Tilt Posts: 3,599 Forumite
    Is there really much point? The only thing they're lacking is an address and without any witnesses it's an insurance matter.

    Well obviously there is. A potential offence (or offences) has been committed and as such, the TP's insurers can't really wriggle out of liability.

    In my experience it speeds thing up a bit because it's less for the respective insurers to argue about.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Tilt wrote: »
    Sorry, havn't read the entire thread so not sure it's already been asked (and answered) but has the OP reported the other driver to the police for failing to exchange details and told them the circumstances of the 'accident'?

    I did indeed.

    The police's initial response was along the lines of "it has happened now so we cant do anything about it, just get the car towed away". I guess its far as no one was hurt apart from the TP (not seriously) and they don't really have the manpower to chase this up.

    I need to follow up my initial report with the fact that she has come forward but failed to provide her address.
  • Tilt
    Tilt Posts: 3,599 Forumite
    ozzy1211 wrote: »
    I did indeed.

    The police's initial response was along the lines of "it has happened now so we cant do anything about it, just get the car towed away". I guess its far as no one was hurt apart from the TP (not seriously) and they don't really have the manpower to chase this up.

    Hmm. Well it stinks of a driver driving while incapable so at least they should 'mark' the TP driver's card.
    ozzy1211 wrote: »
    I need to follow up my initial report with the fact that she has come forward but failed to provide her address.

    Absolutely. I'm assuming the TP driver is unaware of their obligation under the RTA and therefore should be 'educated' for the sake of other road users.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Herzlos
    Herzlos Posts: 15,896 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Presumably there's a load of paint transfer on your car, does that match with the MX5 she claims hit it, in terms of colour and height? It's a pretty low car.




    That's a fairly open road, you couldn't have caused any obstruction. It sounds like she's come round the corner on the wrong side late at night and gone straight into it.


    Might also be worth having a nosey on facebook to see if she was posted from a pub/club before the incident, because it sounds like she must have been pretty drunk.
  • Has the OP collected up the debris from the site, and does this match the vehicle details given? It's hard to imagine an MX5 pushing another car (even a Yaris) that far up the road, having just smashed in to it - especially if the Yaris had been parked in gear. It's not an insignificant distance its been pushed, and then up a kerb as well. So it either rolled with sufficient force that it mounted the kerb and continued, or the MX5 driver (if indeed it was an MX5) hit the Yaris and then continued to drive against the Yaris, pushing it further back.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Sure it's not a CX5? That is higher and heavier than the mx5
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Has the OP collected up the debris from the site, and does this match the vehicle details given? It's hard to imagine an MX5 pushing another car (even a Yaris) that far up the road, having just smashed in to it - especially if the Yaris had been parked in gear. It's not an insignificant distance its been pushed, and then up a kerb as well. So it either rolled with sufficient force that it mounted the kerb and continued, or the MX5 driver (if indeed it was an MX5) hit the Yaris and then continued to drive against the Yaris, pushing it further back.
    If the driver was indeed "impaired" then that's not so far-fetched.
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