My car was hit while parked across a dropped curb- advice please?

sparkiemalarkie

Hi I was collecting my son from the station this evening. After turning into a side road I pulled in front of to someone's driveway that had a dropped curb,  and turned the ignition off to wait for him.  A car reversed out of a drive on the opposite side of the road and hit my car.
I knew it was going to happen as the driver and passenger were arguing before they got into the car (relatively new car to me and couldn't find my horn in time)

The driver admitted that she hit me but that I was illegally parked.
Several times she said that her cctv would have recorded the incident
Where do I stand with this?

(The passenger was very aggressive towards me, so much so , that a lovely lady came and stood with me and told the man that she was a witness - making him think again about his behaviour)

The driver has phoned me this evening to tell me that she has reported the accident to her insurance company and has sent them photos of my illegal parking and car damage.
She then insisted that her 'friend' was not being aggressive - he just talks loud.

The truth is, the damage is very minimal. There is a dent in the front wing and a bit of scuffing that might well rub off. My car is very pretty, but old. It's not the end of the world.

Any thoughts on this?

tia

sx

sheramber

She is  required to advise her insurance company of any accident, just as you are, whether you intend to claim through them or not.
You can advise the it is for information only.

is there any damage to her car?

tacpot12

Parking across the dropped kerb will not count against you.

jonathon

just because you were illegally parked they still hit a stationary car completely there fault 

sparkiemalarkie

sheramber said:

is there any damage to her car?

There is just a scuff mark on the bumper of her car.

daveyjp

Thoughts?  100% her fault as your car wasn't moving.  Not seeing obstructions when driving can have consequences.

binao

Most likely a new bumper, very expensive.

Your inconsiderate dropped kerb parking and inability to find the horn button, ancient cars have buttons, will most likely result in a greatly increased renewal premium. Plus the new bumper and labour to account for.

Best to apologise and say sorry.

If you hadn't parked over a dropped kerb you would have been OK. 

Herzlos

You shouldn't have parked there, and may have caused an obstruction.

BUT

You weren't moving at the time and the driver should have seen you and avoided hitting you. They could have requested you move, or driven around you.  You may have been driving past at the same moment.

They may try and claim your parking was in some part responsible for the accident, but again you weren't moving.

prowla

You being parked illegally doesn't give someone the right to run into you; entirely their fault.

Herzlos said:

You shouldn't have parked there, and may have caused an obstruction.

The only putative obstruction would have been to the people whose house the dropped kerb belonged to; the other car came from the opposite side of the road.

binao said:

Most likely a new bumper, very expensive.

Your inconsiderate dropped kirb parking and inability to find the horn button, ancient cars have buttons, will most likely result in a greatly increased renewal premium. Plus the new bumper and labour to account for.

Best to apologise and say sorry.

If you hadn't parked over a dropped kirb you would have been OK. 

It wasn't the other driver's dropped kerb so the OP wasn't obstructing their access or otherwise being inconsiderate to them and thus there is no need to chastise them from behind the safety of your keyboard.

As for the collision: it's nothing to do with the dropped kerb; it's the other driver's negligence.

Incidentally, it would be perfectly legal for the owner of the house to which the dropped kerb belngs to park across it if they so wished; therefore the road in front of it is not a guaranted free area.

tedted

as  they were parked opposite the other car i cant see how they are in the wrong if the owner of the dropped curb complained then maybe

peter12345678910

Illegally parked, but a very small illegal. They have no case they were simply trying to reverse the blame. But a new panel for an old car could be expensive it may not be possible...even a PDR guy can be expensive with a small dent as they want to remove it to perfection. Then they may want to repaint a panel, hopefully the car will not be written off.