Here are the particulars of the night in question...

I was parked in a disabled bay on a turn off from the main stretch of road during late evening/early night (10.30ish).

When leaving i placed some items into the boot of my car (there were no other vehicles behind me or on the whole lane at all). To get out of this space I would have to reverse.

I started the engine, then turned on my lights, then proceeded to select the reverse gear when all of a sudden I was bumped from behind.

Now this car didnt have lights on (it was dark) unless he turned them off as quick as the incident had happened and he quickly jumped from his vehicle and marched over towards my door in an agressive manner, that is until I got out, where he quickly lost his agressive look and appeared suddenly much calmer.

I suffered no visible to my vehicle so was not too concerned, he suffered having lost the front number plate and a black plastic fender/grill from the bottom bumper.

At that moment we exchanged details, I didnt admit liability, and we went our seperate ways, with his last words being ah well its only minor damage so dont worry about it (hmmm, dubiousl i was left!)

Anyway, other than the small damage he suffered there was also obvious previous damage to the very front of the bonnet (looked like it had been driven into a post or some sort) and where the paint was missing it was slightly rusted.

As i said i was dubious with his last words so decided the next day to contact my insurance company (DLine) to inform them just in case he tried to screw me somehow.

I explained the incident as it was, and as i have in this post, so they gave me another number to call and a reference number. I did so, and they told me that if the other guy called to claim they would definatly pay out!!! I was shocked, and asked why the hell thay came to that conclusion. Their answer was that I had caused the accident as i was reversing... No I wasn't I informed them, I had selected reverse but my handbrake was still applied as I hadn't tried to move off by this point then the collision occured.

Apparently that is still my liability as I was in reverse gear, yet not moving????

Furthermore I informed them that the space was also disabled parking only, and the other vehicle had no tax visible on his windowscreen... their reply... not our concern sir and makes no difference.

Anyway I kicked up a fuss and they said leave it with them and I would receive correspondance.

Over a month later nothing through post has arrived so I called DLine asking what was going on... the claim is being investigated they told me.. great I thought, the little con artist will lose his claim now surely?... we will send you our findings in the post as soon as possible.

Anyway since the incident it had almost been 3 months then i receive a letter from DLine... My excess has increased another £200!!!!!!! and they have paid out for repairs to the other party totalling over £1300... WTF!?!?!

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To summerise:

Me:

Parked in disabled parking bay (legally) off main road, started engine, turned lights on and selected reverse, had not moved as yet, handbreak still on.

Other Party:

Turned off main road onto unlit lane, arguably without having his vehicle lights on, and drove into rear of my vehicle.

Result:

I lose 2 yrs no claims (i think its 2 i lose) and get an increase on my excess of £200 as they paid out in excess of £1300 to toher party due to my being liable for being in reverse, BUT HAVING THE HANDBREAK ON AND NOT MOVING!

Can anyone see that this is purely wrong? Or am I being blind to the big picture?

OK first off it matters NOT about the disabled pay when considering liability, so get that out of your head

Neither does it matter about road tax when discussing liability, so get that out of your head as well.

What you need to stress to your insurers are the salient facts, you were NOT reversing you were stationary, your handbrake was on. The other party drove into you.

If that is what you said then there is NO way they should have considered making a payment and the other party would have to prove you were liable (usually by an independent witness).

Write and ask them for a full written disclosure of exactly why they have accepted liability for this accident when you were stationary and the other party drove into you, when you have that post back with what they say.

Mossy