Car insurance claim? First one - not sure what to do.

xlt_hunter

Went to local booty with mum to sell some of my junk - £65 profit! :money:

But a downside - The car parked in front ( Vauxhall Corsa MK1) put up a clothes rail, it had too much stuff on it and it fell over right onto my front wing, nice dent and scracted all the way down to the bumper. :mad:

Cheeky women said that the car didn't hit mine therefore Insurance can't get involved! I have her address + phone number but she is not the owner of the car as its her friends who was with her at the time (go figure) photos have been taken with a standard film camera of the 2 women and the car with reg plates and the damage to mine at the booty!

What do I do??? My insurance people are not aware of this, but have been advised to speak to her to get it done on her home insurance??

MarkyMarkD

It's nothing to do with her car insurance, if a freestanding clothes rail falls on your car. The owner of the clothes rail is responsible.

She should be covered by public liability insurance on her household insurance, so what you've been advised is correct.

There's no reason to get your motor insurers involved with fixing the damage, but you could get them to do so (if you have comprehensive insurance) and to pursue the woman for the costs. But if they can't recover from her, you would lose your no claims discount.

xlt_hunter

Thanks MarkyMark!

I am fully comp with protect no claims with our friends at MoreTh>n - I will give her a call to discuss this when I get a quote from the local bodyshop on the respray costs.

Many thanks

greenwich

She may not be covered on her household insurance because the insurance company may take the view that she was engaged in a business activity at the time and household insurance wouldn't cover that unless she had told them in advance and paid an extra premium.

However, since you've been smart enough to get her name, address and photographic evidence, you should have a cast-iron legal claim against her (though it would be good to find a witness too if possible).

Don't forget that even if your no claims bonus is protected, if you claim on your car insurance it still counts as a claim and you would have to declare it if you wanted to get a cheaper quote for car insurance from some other insurer next year. If she refuses to pay up, I would consider just suing her in the small claims court. It's very easy to do and you don't need a lawyer. Start from https://www.moneyclaim.gov.uk/csmco2/index.jsp

Bossyboots

As long as she was car booting her own second hand goods, she can argue she was involved in a social/domestic activity and her home insurance (assuming she has some) should cover her. I do think they will try to wriggle out at first but as long as it was not done selling new goods and therefore on greenwich's theme a business activity, she should be okay which would be good news for the OP

MarkyMarkD

I agree with both of the above posts - I would avoid claiming on the car insurance if at all possible and pursue the woman directly. She was stringing you a line at the boot sale - it's her responsibility.

If the amount's not that significant, she should just pay it herself and stop messing you about IMHO. She would be foolish to claim off her household insurance for a relatively small amount (which will then be subject to excess) when it will increase her future premiums etc. etc.

xlt_hunter

Great stuff everyone - it has been very helpful. Next step for me now is to pop down to a local bodyshop for a written quote - it has dented the front wing and right on the top of the bend - I am not sure if they can get this out and it could get expensive if a new panel is needed as well (part of the crumple zone system). Then I will give her a call to let her know of the costs and options.

I will prefer to accept the cash to sort it out - but what got me that she said that some damage is there already - I accept that and it was a small area from a stone chip (big one) and tried to fob me off. Good thing I was with mum as well! Prefect witness!