Non Fault car Accident

[summer101]

Hello everyone

 

Last week my car was parked up in a parking space whilst visiting a surgery, when I came out a gentleman approached me asking if it was my car, I confirmed it was, he told me he had witnessed a lady who had backed her car into mine, shunted my car forwards into a railing she then reversed and took off without leaving any details or stopping.

 

I was very lucky as this man was a visiting the same place as me and he quite happily gave me his details if there was any problems with insurance. I was able to get the women's details from the surgery and I rang her and informed her a witness saw her back into my car and leave, to which she replied "did I"

 

She came back to the car park and her car was clearly damaged on the back bumper with my cars paint. My back bumper is dented and cracked, whilst she was there she looked at it and still denied hitting it even though her car was damaged too.

She said my car didnt look that damaged it was a scratch! I took a photo of her damage and gave her my telephone number she said she would speak to her husband and ring me. She left it 3 days I in turn looked at my insurance excess which is £400 and when I rang her I suggested to take it to a local garage if she consented and get a quote, I did that and the quote was £270.00.

 

When I called her back she said it was very high and that she would like another, again I went and got another quote and today rang her she now wants to go through her insurance, her husband came on the phone today and more or less called me a liar saying there was no damage to my car!

 

What I would like to know is can I just take these people to small claims court to recover the cost of the damage ??

 

Sods law I have 10 years no claims bonus, my insurance is due for renewal in 2 weeks and I dont want to get stung for £400 excess and risk my renewal policy going up. I have to pay the excess whether its my fault or not, and will have to claim it back through my motor legal protection and I am going to be out of pocket for months, and non of this was not my fault.

 

I have been more than patient, got 2 quotes done all the running around and telephone calls and today has just really been the icing on the cake so to speak with this couples attitude. This woman hits my car, then protests she didnt ! even though an independent witness saw it all, then says there's not much damage for £270.00 more or less calling me a liar !!!

 

Can anyone give me advice please whether I can pursue small claims on this matter to avoid paying out £400 policy excess.

 

Many Thanks

[oddjobbob]

yes of course yuo can... and if you fail for any reason yuo can still get it done for £270, so no need to involve your insurance.

 

Tell them you have an independent witness to it and you either want it dealt with or its a CCJ for them, no messing about.

[summer101]

Hi Oddjobbob

 

Thanks for your reply, I have already informed the lady when she returned to the scene of the accident that it was a witness who informed us of the damage she had done to the car. Not sure whether she was not interested or just ignorant like she was about the accident itself.

 

So legally can I avoid the insurance company ???

 

Thanks again

[oddjobbob]

Here's what i'd do...

 

Ring the ins co and tell them yuo've had a mnior accident not yuor fault and that you do not wish to claim at the moment but will keeep them posted

Tell the woman that drove into yuor car and drove away that its quite simple, you have a witness to the accident, its her fault, its £270, or go to court, or go thru the insurance co.

If they pay, great

 

None of this involves losing your no claim bonus.

 

And SHE KNEW SHE DID IT.... they always do...

If you take them ot court and win and they pay great

If you do the above in court and they dont pay they have a CCJ, you fix the car for £270 and don't lose your NCB

if they go thru the ins co, ie get their ins to pay it, tell your ins co that your car was stationary, they deal with it, you make NO CLAIM on yuor own ins, great

[summer101]

Thanks again for your help on this Oddjobbob

 

How you can hit a car, move it up from where its parked, have damage to your own car and not know you have hit someones car is beyond me !!! Not sure whats worse Denial or Ignorance in the woman's case. What a load of UN necessary stress some people cause.

 

Thanks Again

[crem]

Why do so many people always want to avoid letting your insurance company do what you pay them a fortune to handle for you!

 

Report it to your insurance, give them the details of the 3rd party and witness and let them sue the hide of the woman if they need to.

 

Meanwhile your car will be fixed, using a professional "insurance standard" repairer and the bill paid by the 3rd party (or her insurers) whether it costs £270 or £2,070 is not your problem.

[summer101]

I dont have a problem with informing the insurance company, however my insurance is due for renewal which will go up and I have to pay £400 upfront, my post was asking if anyone knew how to avoid having to pay out that much when its not my fault !

[Endymion]

If you go through the small claims court you will simply be going against her insurers anyway. presuming she has the good sense to pass on any letters of claim/proceedings etc to her insurance company.

 

In any event, she wants to go through her insurance company. Therefore ask her for her insurers detials and policy number, write to them with your quotes etc and with a witness statement and they should sort it out for you.

 

If you don't do this and you start proceedings then you will be criticised by the Court for not allowing the TP or her insurers the chance to mitigate their loss.

 

But the easiest way is to let your insurers sort it out for you, but I can understand your reticence to let them do it.