Drunk driver hit my parked car - advice needed

DullGreyGuy

Aretnap said:

DullGreyGuy said:

Aretnap said:

Susieee said:

I would assume that either the Ford Ranger is to blame or the Ford Fiesta is to blame or the insurers will decide that they share blame. I assume I get paid my costs either was as both have 3rd party insurance. Just wondering who my insurance company would go after?

Cars aren't to blame for accidents, people are to blame for them (at least, in 99% of cases that's true). Your claim is against the driver who was at fault for the accident, or his insurance company. Not against the specificobject that hit you, or its innocent owner.

Can't think of a single scenario where the car itself would to be blame, there are cases where the manufacturer or servicing garage are to blame for failures but that still comes down to being a person responsible. You also get no blame scenarios where a road freezes and a car parked before the freeze slides down the camber but even then you can query weather reports etc and if the driver took reasonable precautions when parking etc

Yeah was thinking of the sudden mechanical failure as a situation where there might be no driver to blame... depending on the circumstances it might not always be easy to pin any blame on a mechanic or manufacturer either. Colloquially speaking you might blame the car in that situation, though as a legal principle you can't ascribe culpability, still less negligence, to an inanimate object.

"Sudden mechanical failure" often falls to the owner/driver for not maintaining the car properly, occasionally if it's been serviced recently etc you can blame the garage. The few cases I can remember the PH hadn't had the service done for ages or they had had a service and were told the brakes were shot 11 months ago and did 15,000 miles since. 

Knew colleagues who attempted recoveries from manufacturers. The most common one was "handbrake failure" but on inspection no issues could be found so was deemed more likely that the customer failed to apply the handbrake rather than the a mystery fault occurring and then fixing itself. 

lsc297

hi, 
The advice given by  the claims management co. is incorrect. If you had hired your own courtesy car, assuming yours was not roadworthy; you would have been mitigating your losses- which is the correct thing to do.
Asuming the third party accept fault, they would refund your costs
If Qudos had supplied a car, and the third party insurer subsequently had asked you to prove you could not afford your own; on the earnings, you state you would have a problem. Certainly, if you wanted to claim £3k a day, lost earnings, they would argue you can well afford to pay a daily hire charge
The other insurer can ask for bank statements to prove you did not have lots of money in the bank, so could not afford to pay a rental company