Car insurance/claim question

s88urd

Hi all,

Recently my vehicle was involved in an accident.
It was parked outside my house and a driver tried to get out of a space but ended up hitting several other parked cars, one of these cars then shunted a parked van which went into the back of my vehicle.
The question is, who should I claim against? I feel bad claiming against the Vans owner as the vehicle was parked up behind mine.
What makes it worse is the driver who caused this is uninsured and only has a non uk provisional license and does not reside in the UK 

Any advice would be greatly appreciated

DullGreyGuy

So you think a parked vehicle is to blame for the accident?  Would love to hear your argument for that one in court. 

The claim will have to go against the driver of the vehicle that shunted the van into you. Given your statement about them being uninsured and an overseas resident that is inevitably going to be difficult and likely best left to your insurers. Worth checking if your insurance has anything like a "uninsured driver promise" as certain direct to consumer brands do to avoid it being considered a fault claim if they cannot recover their outlay

s88urd

DullGreyGuy said:

So you think a parked vehicle is to blame for the accident?  Would love to hear your argument for that one in court. 

The claim will have to go against the driver of the vehicle that shunted the van into you. Given your statement about them being uninsured and an overseas resident that is inevitably going to be difficult and likely best left to your insurers. Worth checking if your insurance has anything like a "uninsured driver promise" as certain direct to consumer brands do to avoid it being considered a fault claim if they cannot recover their outlay

Hi, no i dont think the parked vechile is to blame, as i said i would feel bad claiming against the owner as its not something they have done. The question stems from others advising me that its the person who hits from behind who is liable, so I was just asking the questionon here for clarification. So the attitude is not appreciated thankyou.

lisyloo

What damage has been done to your vehicle?
Is it just aesthetic damage e.g. panels or mechanical damage?
Is your car driveable?
Is it a newish car or a banger?

Not making any judgments just trying to work out your options.

You will need to declare an accident/loss on quotes but only need to declare a claim if you make a claim.

born_again

It will become a chain of claims. Each person claiming off the owner of the vehicle that hit theirs.

DullGreyGuy

s88urd said:

DullGreyGuy said:

So you think a parked vehicle is to blame for the accident?  Would love to hear your argument for that one in court. 

The claim will have to go against the driver of the vehicle that shunted the van into you. Given your statement about them being uninsured and an overseas resident that is inevitably going to be difficult and likely best left to your insurers. Worth checking if your insurance has anything like a "uninsured driver promise" as certain direct to consumer brands do to avoid it being considered a fault claim if they cannot recover their outlay

Hi, no i dont think the parked vechile is to blame, as i said i would feel bad claiming against the owner as its not something they have done. The question stems from others advising me that it's the person who hits from behind who is liable, so I was just asking the questionon here for clarification. So the attitude is not appreciated thankyou.

Unfortunately thats the sort of thing the bloke down the pub will say and it's over simplistic. 

To claim off someone you must be able to demonstrate they were negligent, ie they did something a reasonable person wouldn't do or failed to do something a reasonable person would do. Parking your van up with the handbrake on is not negligent. Someone pushing your parked vehicle into another is not your negligence but is the negligence of the person that hit your car. 

If your logic was true then if you reversed into a parked car then you could claim it was their fault because you have rear damage. Clearly thats not true

born_again said:

It will become a chain of claims. Each person claiming off the owner of the vehicle that hit theirs.

No it won't @born_again the van insurer will repudiate the claim from the OP and tell them to pursue the driver of the car

lisyloo

If the uninsured driver is the liable party then you could look into a direct claim to the MIB (not men in black)

MIB and making a claim

DullGreyGuy

lisyloo said:

If the uninsured driver is the liable party then you could look into a direct claim to the MIB (not men in black)

MIB and making a claim

You can only claim uninsured losses, if you have comprehensive insurance you must claim off that before the MIB

lisyloo

DullGreyGuy said:

lisyloo said:

If the uninsured driver is the liable party then you could look into a direct claim to the MIB (not men in black)

MIB and making a claim

You can only claim uninsured losses, if you have comprehensive insurance you must claim off that before the MIB

Thankyou. So can go to them for excess then?

DullGreyGuy

lisyloo said:

DullGreyGuy said:

lisyloo said:

If the uninsured driver is the liable party then you could look into a direct claim to the MIB (not men in black)

MIB and making a claim

You can only claim uninsured losses, if you have comprehensive insurance you must claim off that before the MIB

Thankyou. So can go to them for excess then?

In principle but the uninsured driver agreement has an excess itself so only if your excess is above this and you want to go through the time/effort to make such a claim for the amount you'll potentially be getting back. Haven't kept track of the agreements recently but it was about £300 to £400 from memory. 

s88urd

lisyloo said:

What damage has been done to your vehicle?
Is it just aesthetic damage e.g. panels or mechanical damage?
Is your car driveable?
Is it a newish car or a banger?

Not making any judgments just trying to work out your options.

You will need to declare an accident/loss on quotes but only need to declare a claim if you make a claim.its

Its just cosmetic damage to mine fortunately (he has written off 2 other cars and damaged 4 more), my insurance seem good about it. They said usually it would fall down the chain so to speak, but because the driver who caused the accident is uninsured then there would be nowhere they could recover the losses from.