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

Car_54

An accident is defined in the Road Traffic Act 1988 as occurring "owing to the presence of a mechanically propelled vehicle] on a road or other public place],"".

If it were not for the "presence" of his car, the OP would not have been passing so close to the other vehicle, so it seems an "accident" occurred, and hence an insurance claim is appropriate.

user1977

Car_54 said:

An accident is defined in the Road Traffic Act 1988 as occurring "owing to the presence of a mechanically propelled vehicle] on a road or other public place],"".

If it were not for the "presence" of his car, the OP would not have been passing so close to the other vehicle, so it seems an "accident" occurred, and hence an insurance claim is appropriate.

Read the rest of that section and you'll see why it doesn't apply in this scenario.

170 Duty of driver to stop, report accident and give information or documents.

(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—

...

(b) damage is caused—

(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle...

cw8825

Car_54 said:

An accident is defined in the Road Traffic Act 1988 as occurring "owing to the presence of a mechanically propelled vehicle] on a road or other public place],"".

If it were not for the "presence" of his car, the OP would not have been passing so close to the other vehicle, so it seems an "accident" occurred, and hence an insurance claim is appropriate.

But the damage didn’t have anything to do with the vehicle
this is a pedestrian damaging a vehicle

if the insurers of the damaged car approached the ops motor insurers for recovery 
Not a chance
 

Car_54

user1977 said:

Car_54 said:

An accident is defined in the Road Traffic Act 1988 as occurring "owing to the presence of a mechanically propelled vehicle] on a road or other public place],"".

If it were not for the "presence" of his car, the OP would not have been passing so close to the other vehicle, so it seems an "accident" occurred, and hence an insurance claim is appropriate.

Read the rest of that section and you'll see why it doesn't apply in this scenario.

170 Duty of driver to stop, report accident and give information or documents.

(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—

...

(b) damage is caused—

(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle...

The incident happened due to the presence of the OP's vehicle. The damage was caused to an "other" vehicle, i.e. his colleague's.

Aretnap

user1977 said:

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”.

Mine (Direct Line) covers the liabilities of "anyone getting into or out of your car", so it would depend really on whether he was still in the act of emerging from the car, or wandering around the car park some time after emerging from it. 

If not covered by car insurance it will be covered by the general personal liability section of his home/contents insurance (assuming he has any).

user1977

Car_54 said:

user1977 said:

Car_54 said:

An accident is defined in the Road Traffic Act 1988 as occurring "owing to the presence of a mechanically propelled vehicle] on a road or other public place],"".

If it were not for the "presence" of his car, the OP would not have been passing so close to the other vehicle, so it seems an "accident" occurred, and hence an insurance claim is appropriate.

Read the rest of that section and you'll see why it doesn't apply in this scenario.

170 Duty of driver to stop, report accident and give information or documents.

(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—

...

(b) damage is caused—

(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle...

The incident happened due to the presence of the OP's vehicle. The damage was caused to an "other" vehicle, i.e. his colleague's.

I don't think that's clear from the OP. It occurred because the OP was walking too closely to the damaged vehicle - whether they were encouraged to do so by their own vehicle, somebody else's vehicle, a wall, or their own clumsiness doesn't seem relevant to me.