Scratched someone's lease car in the parking (on foot) -- what now?

Ermia

I'm in a bit of a situation and could use some advice. 

Yesterday at work, I was getting my backpack from the passenger side of my car. As I turned to walk away, I heard a light scratch noise. Turns out, my backpack might have rubbed against my colleague's car parked next to mine.

I checked and saw a 10cm scratch on their car. I searched for the driver and it turned out to be one of my colleague, so I told him what happened. I said I wasn't sure if my bag could caused a scratch that deep/long, but I want to do the right thing and I am willing to pay for repairs just in case. He mentioned it's his wife's work lease car and needs to check with her and the lease company.

Now I'm worried. What if they go to their insurance? Should I admit fault? My car insurance usually says not to admit fault or even say sorry in accidents. But I was on foot when this happened, so I'm not sure if my insurance applies.

I want to do the right thing if I caused the damage, but I'm also concerned about getting ripped off by their insurance or lease company. The scratch noise seemed too light to cause such a big mark, so I'm not 100% sure it was me.

What's the best way to handle this legally? 

So far I have sent him the photos on whatsapp, but how should I communicate further with my colleague about it?

Any advice would be great. Thanks!

400ixl

Depending on the depth of the scratch it can likely be polished out and not need re-painting. Find a local car detailing place or paint shop and get them to have a look at what it would cost.

Probably no need for the lease company or insurance to be involved.

Ermia

400ixl said:

Depending on the depth of the scratch it can likely be polished out and not need re-painting. Find a local car detailing place or paint shop and get them to have a look at what it would cost.

Probably no need for the lease company or insurance to be involved.

Yes, my garage charges less than £200 to fix it, but my colleague (the other car's driver) does not cooperate with this approach. 

If they escalate it to the lease company or insurance, what can I do?

Should I even accept liability? Normally the insurance says I shouldn't accept liability myself, but since I was on  foot, I guess it's not a matter of my car's insurance.

Should I / can I involve my car's insurance? Otherwise, what's the best approach to follow this up?

My position is that I'm not even sure the scratch was caused by me, but I'm volunteering to pay for the repair nevertheless just in case it's my fault. However, if their lease company or insurance want to come to me and charge hefty fees, I don't want to say a word that admits liability that gives them the legal grounds to rip me off.

Btw, does sending him the picture on WhatsApp (without saying any word) imply that I admitted it's my fault?

DullGreyGuy

Accepting liability at the scene of an accident just causes headaches as most will pass the matter to their insurers and there insurers will consider themselves a better knowledge of tort law than the insured. People are often in shock etc and things can be misunderstood and then your insurer has to battle with a third party being obstructive by saying liability has already been admitted. 

Ultimately if you are going to deal with this personally either you will have to comment on liability or state you are willing to pay for it on a without prejudice basis without the admission of liability. 

You can equally settle directly with their insurer, just insurers use proper coachworks and do resprays with blending rather than a "Dents Away" type service with patch-up pens and so costs are notably higher.

baser999

If you’re not even certain it was you, why offer to pay for it. New cars are supposed to withstand a slight rub from a backpack - if the scratch is that deep that it’d warrant a respray then it’s not your backpack that’s caused it. As someone’s suggested already, a light scratch could be taken out by a valeter. 

Ermia

DullGreyGuy said:

Ultimately if you are going to deal with this personally either you will have to comment on liability or state you are willing to pay for it on a without prejudice basis without the admission of liability. 

You can equally settle directly with their insurer, just insurers use proper coachworks and do resprays with blending rather than a "Dents Away" type service with patch-up pens and so costs are notably higher.

Cool phrases. I think that's close to what I'm looking for. So if their insurance or lease company calls me, I tell them that I'm not at fault buy I'm "willing to pay for it on a without prejudice basis without the admission of liability", right?

What if they ask me about the story? Can I say I don't make any comments?

Moreover, if I tell them "I think there's a small chance it could be me but it's very unlikely", would those legal people infer that I'm accepting liability?

baser999 said:

If you’re not even certain it was you, why offer to pay for it. New cars are supposed to withstand a slight rub from a backpack - if the scratch is that deep that it’d warrant a respray then it’s not your backpack that’s caused it. As someone’s suggested already, a light scratch could be taken out by a valeter. 

I get your point. But even if there is a 10% chance the scratch could be caused by me, I would rather pay for it's repair to put my own mind in rest (morally). But I assumed the other person is reasonable, too, which is now proving wrong.

At this stage, I don't know how to put on my guard against insurance and lease company. Can they force me to pay merely because of these actions:

1. I have found and texted the car owner ('s husband) to meet him, then told him verbally I am willing to pay just in case, and
2. I have sent him photos and videos (taken by me) of a scratch on their car, without saying any word.

What can I do / not do further so that I can't be legally made accountable of 100% liability by insurance/lease companies?

baser999

Ermia said:

baser999 said:

If you’re not even certain it was you, why offer to pay for it. New cars are supposed to withstand a slight rub from a backpack - if the scratch is that deep that it’d warrant a respray then it’s not your backpack that’s caused it. As someone’s suggested already, a light scratch could be taken out by a valeter. 

I get your point. But even if there is a 10% chance the scratch could be caused by me, I would rather pay for it's repair to put my own mind in rest (morally). But I assumed the other person is reasonable, too, which is now proving wrong.

At this stage, I don't know how to put on my guard against insurance and lease company. Can they force me to pay merely because of these actions:

1. I have found and texted the car owner ('s husband) to meet him, then told him verbally I am willing to pay just in case, and
2. I have sent him photos and videos (taken by me) of a scratch on their car, without saying any word.

What can I do / not do further so that I can't be legally made accountable of 100% liability by insurance/lease companies?

You’re obviously going over and above since I suspect most people in your position would walk away. On the basis that you don’t even know it was you and there’s no witnesses, tell him you’ll pay towards its repair, based on what a valeter will charge to rub it out.  If he’s still not happy, say you’ve had second thoughts and deny it was you. No proof, probably little he can do

born_again

Why would you involve your car insurance? You were on foot.... 

facade

born_again said:

Why would you involve your car insurance? You were on foot.... 

Because it happened when the OP was getting out of their car after they parked it next to this one.

So the damage was a direct consequence of the OP's use of their car.

cw8825

facade said:

born_again said:

Why would you involve your car insurance? You were on foot.... 

Because it happened when the OP was getting out of their car after they parked it next to this one.

So the damage was a direct consequence of the OP's use of their car.

You could argue it falls under loading/unloading 
but I don’t think there’s enough there for the car insurance. 

Op and already parked Exited  put backpack on and was walking away

this isn’t a car insurance claim

user1977

facade said:

born_again said:

Why would you involve your car insurance? You were on foot.... 

Because it happened when the OP was getting out of their car after they parked it next to this one.

So the damage was a direct consequence of the OP's use of their car.

Find us any motor policy which provides cover for “damage caused as a pedestrian shortly after you have left the car”.