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

bluelad1927

It is not illegal to park across somebody's driveway. 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. 

The OP is not at fault here.

In the eyes of the law rather than yours there is nothing illegal that has been committed here by parking across the driveway opposite that of which the other car reversed out.

At most this is trespass, a civil matter, which only the affected landowner can have any complaint

sparkiemalarkie

Thank you for your replies.
I am fairly sure that the scuff marks on the wing will mostly polish out making the dent seem less noticeable.

I am not too bothered about the dent and can learn to live with it.

So what happens now?
I haven't reported the incident to my insurance company yet as it was so late yesterday evening.

sx

Jonboy_1984

Personally I would ring your insurer (or log online if their website allows), and notify them your stationary parked, engine off car was hit by another vehicle that was reversing from a driveway on the other side of the road. You don’t wish to start a claim at this time, but are informing them as the other driver has stated they are intending to claim on their insurance for their damage.

Answer any questions honestly, but don’t volunteer information unnecessarily at this stage as it may confuse things. Confirm you believe the other driver was fully at fault.

If the other driver goes to make a claim they will need to provide diagrams/their cctv etc etc and the insurance companies will make their own minds up anyway.

pinkteapot

If you hit something stationary, whether it should or shouldn't have been there, it's your fault. This will absolutely be a fault claim against her and your repairs will be covered, don't worry. The circumstance of your parking is irrelevant. Even if you'd parked across her drive, that wouldn't give her the right to reverse into you.

You will need to inform your insurer too, especially as she's already told hers about it. As above, tell them another driver hit you while you were stationary and they've admitted fault and are claiming through their insurance. 

facade

Report it to your insurance for information only, as you are required to do, and to cover yourself when the other driver finds out how expensive their damage is and decides to claim on their insurance (and blame you for driving sideways into her car whilst it was still in her garage or something).

But, don't claim on your insurance, as your car will probably be written off, and you will have the trouble of finding another any where near as good with the ridiculously small payout (less excess), and there is a possibility that your insurance may terminate with a total loss payout (plus your no-claims discount will reduce if you make a claim unless it is protected).

It isn't your fault that the other driver doesn't look where they are going and drives into you when you are parked!

DullGreyGuy

pinkteapot said:

If you hit something stationary, whether it should or shouldn't have been there, it's your fault. This will absolutely be a fault claim against her and your repairs will be covered, don't worry. The circumstance of your parking is irrelevant. Even if you'd parked across her drive, that wouldn't give her the right to reverse into you. 

99% of the time you are absolutely correct. You hit a static object, it's your fault, doesn't really matter if the object should have been there or not. 

There is case law however of some cases where the owner of the static object was considered partially responsible (and it was a small percentage). None will apply in this case but just for completeness highlight its not always true. Once case was someone who parked on a blind bend and the other was a council who widened a road by cutting back the pavement but only ordered 5 of the 6 lampposts to be moved leaving one now in the carriageway. Even then the judge said they only apportioned some liability to the council because they have a heightened duty of care over Joe Public. 

m0bov

You are entitled to park across a dropped kerb unless there are lines. its not illegal unless the owner is obstructed.

Even if you stopped in the middle of the road, you are not at fault. Log it with insurance, make sure you tell them its was without due care and attention (the arguing).

uknick

m0bov said:

You are entitled to park across a dropped kerb unless there are lines. its not illegal unless the owner is obstructed.

Even if you stopped in the middle of the road, you are not at fault. Log it with insurance, make sure you tell them its was without due care and attention (the arguing).

Better tell the UK councils it's not illegal as no white lines are mentioned in their rules.

From Ealing for example;

"Vehicles should not park next to a dropped kerb. This could be a driveway, cycle lane or to help people cross the road. If you park in front of a dropped kerb, you may get a parking fine, also known as a penalty charge notice (PCN)."

Dropped kerb enforcement | Dropped kerb enforcement | Ealing Council

sevenhills

sparkiemalarkie said:

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.

If you want to claim, do so straight away, perfectly okay not to claim, it can be a hassle. But as she has informed her insurance company, it will get sorted.

It could be a write-off. Old cars are not worth much money, you could earn some ££ from this if your car is written off and you buy it from the insurance company.

binao

uknick said:

m0bov said:

You are entitled to park across a dropped kerb unless there are lines. its not illegal unless the owner is obstructed.

Even if you stopped in the middle of the road, you are not at fault. Log it with insurance, make sure you tell them its was without due care and attention (the arguing).

Better tell the UK councils it's not illegal as no white lines are mentioned in their rules.

From Ealing for example;

"Vehicles should not park next to a dropped kerb. This could be a driveway, cycle lane or to help people cross the road. If you park in front of a dropped kerb, you may get a parking fine, also known as a penalty charge notice (PCN)."

Dropped kerb enforcement | Dropped kerb enforcement | Ealing Council

Thank you @uknick

Dropped kerb parking can be very expensive.

PCNs, FPNs, towing, storage, stranded.

Out of hours, police will ring tow company and issue a FPN by post.

Lines or no lines, DKP is anti-social and councils can tow away offenders.