Car damages in accident- but insurance wont’t cover secondary damage.

Lorew

Hi all!
My parked car was damaged by a car driving erratically (they managed to flip their car down the road). They crumpled the front passenger side wheel arch so badly they have damaged the tracking so it’s not drivable. They also hit it with such force it hit the car in front and sent my car’s passenger wheel onto the pavement. 

The car was not drivable and the incident is also being investigated by the police so I was advised but to move my car even if I could as it is being investigated by the police. The drivers insurance too almost 2 weeks to recover my car and send it to the body shop, and in this time the passenger side (in the pavement) has been scratched and slightly dented by foot traffic on the pavement.

The drivers insurance has admitted liability for the accident, but will not repair any scratches caused by the car being pushed onto the pavement where it was sat for 2 weeks.

does anyone have experience with anything similar? The way I see it, is that my car wouldn’t have been scratched had it not have been pushed onto the pavement which was caused by the accident? 

Any thoughts/ advice is welcomed!

Sandtree

Are you claiming from your insurance or directly from the third party insurers?

Are you alleging that the damage was caused in the accident or subsequent to the accident?
Are the insurers alleging that its pre-existing damage or have you told them it is subsequent damage and not done at the time of the incident.

Generally speaking you need a close causal chain to be able to hold the third party liable so for example you are hit by a TP, spin off and get hit by another vehicle as you're out of control spinning... original TP is liable for all damages. Same scenario but your car lands in the hard shoulder where its left for 2 days and on the second day another vehicle hits the static vehicle, in this scenario the original TP is liable for their damage and the second TP is liable for hitting the stationary vehicle... you cannot hold the first TP liable for both sets of damages as the second is too remote.

Assuming you admit the damage wasn't caused by the accident itself then its almost certain that the damage is too remote and you need to claim off whoever kicked your car or whatever was done to it to make the dent etc.

tacpot12

Unfortuntely, the above advice is probably correct. If you have home insurance, and legal expenses cover as part of this, you could call your home insurer's legal helline for a second opinion.

If it is correct, your best option would be do talk to the body shop and offer to pay them to repair all the damage at your expense. You could talk to your insurers about them paying for, it but you will lose your non claims bonus.