whos at fault

cakibrakath

Hi new to this,
Last year I reversed out of my driveway into the road and was stopped ready to continue forward on my journey. The neighbour opposite the reversed out of her driveway and into the side of me, damaging the passenger doors, and her boot. She apologised and said she didn`t see me! As far as I was concerned it was her fault and the claim was settled as we both had had our cars fixed and I heard no more about it...until today, when I got a letter from her insurance saying they hold me fully responsible for the accident and if I don`t pay £800 in 14 days they will proceed with legal action against me.

Any ideas anyone

kitchpoo

Pass the letter to your insurer. At worse it would end out a 50/50 claim. Admitting liability at the scene is no longer deemed as acceptance of reponsibility (Insurer's previous advice was never admit to anything - regardless). Though I would reply to their insurer with the details you placed above and advising that it is now in the hands of your insurer. Your insurance includes a high amount of legal fees for such events.

What was the route to the accident damage being repaired?

ie - did their insurer deal with all repairs or your insurance company do your car

Did you have to fill in a claim form stating how the accident occurred for either insurer?

Do you have a letter stating the claim was fully settled and have you renewed your insurance and got your NCB in tact since the date?

In the letter replying to her insurer I would ask how possibly your car moved sideways in to her boot to cause the damage as the blame would lye with the vehicle in motion.

raskazz

On the facts you presented it would appear that the third party was at fault, however there are always two sides to every story!

As far as the letter is concerned - don't respond to it or you could be breaching your policy terms and be prejudicing your insurer's position. Forward it to your insurer by recorded or special delivery (with your claim reference/policy number noted on it) and let them deal with it.

pinkpig08

I would have thought that as you were already on the highway it was her responsibility to check that it was clear in order to reverse?

jackieb

Don't panic about it. I was involved in an accident a few years ago. The police at the scene said it would probably be 'knock for knock' regarding the insurance claims (the car in front skidded 360 degrees in black ice. I was the 3rd car of 5 - we all hit the car directly in front of us.) No-one blamed anyone else - everyone at the time agreed that the roads were treacherous. A few weeks later I got a letter from the solicitor's of the driver in the first car stating that they believed I was to blame for the accident! I wrote a letter to their solicitor stating what had happened and then I phoned my insurance company and they asked me to forward them a copy of the letter, which I did. I never heard anymore from them. They were just trying it on as the driver was driving her dad's car under her own insurance, so was only covered 3rd party.

Good luck.

cakibrakath

I have since cancelled my insurance as I no longer have the car involved in accident, I contacted my insurance at the time and they arranged for my car to be fixed, her insurance dealt with her repairs. I have had a letter from her insurance asking for the ins and out of a `ducks dodah` ie where, how fast was I going, where was my damage,what was said, and I had to draw a picture of the road and position of the cars. I did quote in my letter to them that I couldn`t have driven sideways into her. What also worries me is that it could have been one of my children that she hit...who's fault would that have been?

Just phoned my insurance who said to send them the letter and they will `try` to deal with it.



As a first time user of this site I must say I am very impressed at you all for the quick, helpful replies up to now.

kitchpoo

as said before - sounds like you did everything right. If their insurer has read your accident report and still thinks you are at blame - let them have their day in court.

cakibrakath

kitchpoo wrote: »

as said before - sounds like you did everything right. If their insurer has read your accident report and still thinks you are at blame - let them have their day in court.

I was upset about the letter when I first got it this morning and the way it is written is quite intimidating, but I am now thinking the same...see you in court.

in2deep_2

You said it was settled.....how then can they now send you a letter disputing what they have already agreed on last year.

raskazz

in2deep wrote: »

You said it was settled.....how then can they now send you a letter disputing what they have already agreed on last year.

No, the OP said that both s/he and the third party each repaired their own cars under their own insurance. That doesn't mean that the claim is closed as far as the insurers are concerned.

The insurer of the 'innocent' party can claim the cost of repairs from the insurer of the 'guilty' party (search for 'subrogation' if you want to find out more).

LandyAndy

Even though you are no longer insured with them, your previous insurer is still responsible for matters arising out of the original claim. Pass all the paperwork to them. From your description it is hard to imagine that when a car is driven into the side of a stationary vehicle that the blame lies anywhere but with the driver of the moving vehicle.