Car rolled back into another

JawedKadri

Hi all, 

I just needed some advice really - my wife was parked outside her moms house (which is on a slope) - she did put her handbrake up etc. When she returned there was a note on her car saying the car rolled into someones car. My wife cannot remember where she parked to notice whether it has actually moved position or not but she does know her handbrake was definitely up and did she it to the other party. 

Both cars being stationary - what are the laws for such an incident. I am trying to get some CCTV footage from neighbours if there are any but in the mean time, any advice would be much apprecaited. 

Thanking you in advance. 

lisyloo

First of all were there any independent witnesses or CCTV.
You don't say whether the person leaving the note was the affected party trying to claim or an independent 3rd party.
Is someone trying to make a claim?
If not then it's one person's word against another plus any "forensic" evidence (such as paint from your wife's car on the other car).
It's down to the insurer as to what to do. Simply rolling back a little should cause virtually no damage, so the insurer will form an opinion and decide whether to defend, go 50/50 or pay up depending on the feasibility of the claim and the evidence available.

To me this sounds a bit like a try on if there is a claim because simply rolling back should provide virtually no damage at all.
You would likely hit the front number plate.

Is someone claiming damage?
Does it sound feasible? 
or was it just a note from a concerned passer by?

dunstonh

Both cars being stationary - what are the laws for such an incident.

There are no laws specific to that.

However, if the handbrake did fail and evidence did point to your mums car rolling into another, then it would be your mums fault. 

There is the potential for a scam with no evidence here.   For example, if your mums car rolled back into another then it would be obvious when she returned to the car that it was touching the other one.  If that car had moved, you would expect your mums car to then roll back further (assuming hill drop was pretty constant).

I wouldn't be too concerned at this stage as it doesn't sound like it was the owner of the other car that left the letter from the way you describe it.  If the other car owner didn't notice any damage and your mum didn't then its a non-issue.

Sandtree

Two stationary vehicles dont collide and so there is no law covering it.

What does the note actually say? More commonly the at fault party are the ones that leave notes. Did it identify the vehicle that was allegedly hit?

When returning to the car was the same vehicle downhill as the note alleged she'd hit? If so were the two vehicles in contact?

It'd be unusual for a car to roll down hill and hit another car. That car then drives off and the vehicle doesnt move again but it would depend on if the gradient changes etc. 

nyermen

Agree with Sandtree. Is it possible that someone parked and bumped your wife's car into another, then drove off (check the other side of the car for any damage?)

In fact, is there any damage to the car? That will give an idea of what if any damage was to the other vehicle.

Also, out of interest, is it an automatic?  Because park is normally "in gear" (ie. they shouldn't roll).

Sandtree

nyermen said:

Also, out of interest, is it an automatic?  Because park is normally "in gear" (ie. they shouldn't roll).

Having had a long debate with Mercedes after getting my first auto that was also my first car without a physical handbrake... they will roll a small amount when its first applied but then will hold the car. Mercedes were of no help at all but eventually I gave in and read the manual to find out how to apply the electronic handbrake which stopped the small roll 

TELLIT01

If the car had rolled into another vehicle presumably somebody moved it forward again, or the other vehicle was moved back.  In that situation somebody must also have applied the handbrake on her car to stop it moving again.  Was it unlocked when she returned to it?

JawedKadri

Morning all, 

Firstly many thanks for all the responses, very helpful but i also need to apologise for not explaining correctly (i found out in more detail after my wife got home)

***Revised***

My wife parked outside her moms house (which is on a slope) - she did put her handbrake up etc. When she returned there was a note on her car saying that the car rolled forward into the neighbours car. The note was left by the neighbour and he was there when she returned to the car. There is mark on the bumper on my wifes car as well as a very small dent on the neighbours bumper.  

The cars were in contact when my wife returned, the neighbour didnt want to move his car just in case the car continues to roll forward (which was nice of him) - its a tough one really as has now gone to get independent quotes to fix the bumber and check the sensors are working etc. 

My wife is certain that the handbrake was up and she showed it to him, i then did a test and noticed that it only full brakes if the hand brake is up 4 clicks, click 3 and i could still move the car albeit very slowly and i assume thats what may have happened?? cant be sure. 

Still his words and hers or is my wife at fault ?

TELLIT01

Unless you want to cause long term problems between your mother-in-law and her neighbour you should pay up.  They have no reason to lie, and there was evidence that there had been contact.  You are correct that it is his word against your wife's but you are clearly doubtful yourself that the handbrake was fully applied.  If the neighbour had reversed into your wife's car they could simply have driven forward again and said nothing.

Sandtree

As previously mentioned, two static objects cannot hit each other so were this to be disputed and ultimately go to court for resolution the judge would decide if it was more plausable that your wife's car had rolled or that the neighbour had driven into your car and rather than just leave the scene had decided to leave the vehicles in situ and come up with this story instead.

Whilst not a judge, I wouldnt fancy your wife's chances.

JawedKadri

Well - there is some history between the in-laws and the neighbours (they've just moved in 3 months ago). Having said that i also dont think he would lie about it considering. I guess we'll just wait for him to get back to us with the quotes hes got and take it from there