Car Accident - Query re Liability

[Migster]

Hi

 

This morning my car was involved in a collision, whilst parked in the street outside my home. Another car was parked behind me, and a third party has smashed into this car, catapulting it forward into the back of my car. Unfortunately this third car failed to stop and whilst I saw them drive away, I was unable to catch the reg number, so I’m assuming they either won’t be traced by the police or even if they are, the car will be stolen, uninsured, etc.

 

I spoke to my insurers this morning and they indicated that in the event that the other driver isn’t traced, my claim would be against my policy, with the other (parked) car involved claiming off their own policy.

 

Is this correct or should my insurers claim off the car that actually hit me, even though the owner of that car was not actively involved? That would seem very unfair, but I seem to remember reading about similar scenarios on here, where it was stated that you claim off the car that hits you and they then claim for both costs off the third car.

 

Is anyone able to clarify what the normal policy is?

 

Thanks

[angrycrow]

Sorry to hear this has happened, it is appalling when people do not stop after an accident.

 

The car behind yours has no liability to you as they are also an innocent victim. Unfortunately you would need to claim on your own policy and take the hit on your no claims bonus. The car behind yours will claim on their own policy as well.

 

I would contact the police with the make model and colour of the third car that fled the scene as they will be able to check if there was a car matching that description stolen in the area. If the vehicle is stolen and the theif was aprehended and charged then the insurers of the stolen car will cover your losses but only if the driver is identified.

 

Also check if there is any cctv cameras that the car would have gone past on the way to or from the scene and if so point out the camera locations to the police. Local shops and pubs almost always have cctv covering the road outside these days and are often a good source of footage but they dont keep the footage long so get a copy of the footage yourself.

 

Finaly any losses not covered by your insurers can be recovered from the motor insurers bureau untraced driver sceme subject to an excess of £300 unless the third car is identified.

[unclebulgaria67]

Yes agree with Angrycow. Not much you do here, unless this car is traced. The Police won't do much to trace the car and it may leave you a bit frustrated. Very unfair that you will suffer a loss, as a result of someone damaging your car and then doing a runner. Not only will you have the excess on your insurance for the repairs, but you will lose some no claims discount if not protected and will also have a premium loading applied. Depending on the repair costs, it might be more economical not to go through your insurance and to pay yourself. If the car/driver is then traced, you can take legal action to recover your loss, using any legal cover you may have on your policy.

[Migster]

Thanks for the replies - unfortunately you have confirmed what I was expecting. My car was almost on its last legs anyway, having owned it since new in 2001 (though only 70k miles on the clock). I'm 99% certain that the damage is extensive enough to make it a write off, so it would not be practical/economical for me to pay for repairs myself. My no claims is protected so the hit for me is just the excess plus any uplift in future premiums (and, no doubt, getting stiffed on the payout from my insurers).

 

On the plus side, I'm now looking forward to getting a nice a new car...just have to decide if I go boring and practical or sporty and impractical.

[Migster]

Just thought I'd provide a quick update to say how impressed I was with the service I received from my insurers (Bell - part of Admiral). The accident happened on a Thursday morning, my car was recovered the following Monday and the settlement funds (it was written off as I expected) were in my account on the Wednesday, so all done and dusted in under a week.