non-injury accident questions

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Economic write off and offer of £250 is not enough to get me back on the road — by Murdo Maguire — last modified 2007-02-23 04:01

My car was legally parked outside my home when a council recycling truck hit it and damaged it, knocking it onto the pavement. The incident was witnessed by my neighbour who notified me. The driver left a car on the windscreen. I have 3rd party fire and theft only and contacted my insurers. When I contacted the council they put me in touch with their claims department and so I corresponded with them directly and did not pursue the claim through my insurers. My car was seen at a garage of their recommendation and was deemed beyond economic repair - the damage is to the body and a mirror but the car is drivable. It is an old car, they have offered me £250 which 'Crawfords corporate claims solutions' say is the book value. This will leave me with no car and not enough money in compensation to buy a new one, of course there is also the time wasted. I am a doctor and the car can be essential for on call. I thought they were obliged to restore me to the same situation as before the 'accident' so can I insist they repair the car? What are my rights here?

Hit by stolen car. Owners traced, but can I claim off their insurers? — by Conrad Murray — last modified 2007-02-21 03:25

My son was driving my car when he was hit by a stolen car. I have traced the original owners. Can I claim back off their insurers the cost of repair?

Door hit by passing car. Dispute over who was responsible — by Conrad Murray — last modified 2007-02-20 08:57

My husband was getting something from our car (back door drivers side) and he had the door rested on his back another car hit our door as he was blinded by the oncoming traffic and couldn't see. He is now saying that we opened the door onto him as he was passing, my insurance are saying that it will probably be dealt with 50/50 but i disagree as we were stationery and if he couldn't see to pass safely he should of given way to the oncoming traffic. Do you think I am right?

Uninsured driver agrees settlement and pays but other party comes back later with injury claim — by Conrad Murray — last modified 2007-02-20 08:43

I had a car accident which was my fault, but I was driving somebody else's car as my car was in the garage getting repaired. As I had fully comprehensive insurance I thought I was automatically covered to drive another vehicle, but to my horror this doesn't seem to be the case. I got in touch with the people who I had crashed into and explained the situation and offering a cash settlement for the damage to their car and loss of earnings. They agreed and come up with a figure that they would be happy with so I paid them the money and they signed a disclaimer stating that the amount paid was the full and final payment and that they and there insurers would not make any more claims against me. To my surprise I have now received a solicitor's letters stating that they want compensation for whiplash. Am I in my rights to refuse because they have waived there rights to claim any more money from me with this disclaimer or will I have to pay again?

Rear end shunt driver claims front vehicle reversed into her — by Murdo Maguire — last modified 2007-02-19 04:49

I was stationary at a set of Red traffic lights and was hit from behind by a car who failed to stop in time. The owner apologised and we exchanged details. I reported the accident the next day to my insurance Company. Now my insurance company is saying that they have received a letter saying that the other driver is saying that I had gone over the line at the Red light and I then reversed back into her without looking. This is clearly "made up". I also have reversing sensors fitted as standard in the car. How is this case treated in court as there were no witnesses? There was fairly large damage to front of her car and minor damage on mine.

Driver crashes into my car, pays for repair costs in cash at the scene, but now wants to claim through insurance and get his cash back — by Murdo Maguire — last modified 2007-02-15 14:08

Two weeks ago a car without lights pulled out of a side junction suddenly with no indication and struck the front passenger wing of my car. My wife who was driving swerved to avoid contact but the other driver did not see us in time struck our car. He then drove on. We took his registration number and then stopped to assess the damage to our car. As we did so the other driver also pulled up. He admitted full liability and we exchanged details. The other driver was severely disabled with no upper limbs so we had to write out both sides details, although not insurance details. He then stated that he did not want to involve insurance companies as he was due to part-exchange his car for a new one in a couple of weeks and it would take far too long to repair it through the insurance. We wanted our damage to be fixed ASAP as we had our car for sale. Then a witness pulled up asking if he could help and at this point the other driver took out an envelope and gave us money to cover the cost of our damage. We felt the amount offered was sufficient so said to the witness he was not required. On our way home we reported it at a police station (which the other driver did not do) but was told that it was not necessary in this case. We have had our car repaired - it was only minor damage - but now 2 weeks later the other driver has phoned saying that he has changed his mind as the quote for his damage was more than he expected, and he wants his money back and now wants to make a claim through insurance. Can he do this now? He took 13 days to contact his insurance company, our car has now been repaired, so what should we do?

Neighbour's fence falls on car: are their insurer's liable — by Murdo Maguire — last modified 2007-02-13 08:58

A fence has fallen on to my wife's and another persons parked car causing damage to both. Would they be able to claim against the home owners insurance?

Old road accident rears its head almost three years after it happened — by Murdo Maguire — last modified 2007-02-12 09:12

In August 2004 I was hit in the rear while stationary and indicating right by a motorcycle, writing off both vehicles. I walked away, the motorcyclist broke one arm. (Considering he hit me at around 60mph in the rear light cluster he was quite lucky!). I received a payout of £925 to cover my vehicle within three weeks and when my insurance was due for renewal, I received (upon asking) a no claims confirmation letter. I also received a letter from a company in Yorkshire (I live in Dorset as does the Third Party) which I forwarded on to my insurance company, which informed me that their client was suing me on behalf of the motorcyclist for 'pulling out into his path'. Having heard nothing more about it (when I spoke to the person at my insurance company they said that there was no way that they would let that one happen) I figured the matter was closed. Two years down the line (last November) I received a phone call from my 'solicitors' who I have had no contact with AT ALL 'during' the case, informing me that the claim was still ongoing and that they required more information. This included the name of the Police Officer who attended as well as ANOTHER written statement. They sent a crash investigator down to interview me, bearing in mind that the car should be long gone by now having been scrapped by my insurance company at the time. My question is this - is this matter going to affect my insurance (should the outcome be found in the third party's favour) or is it a private claim against me which my insurance company is obliged to fight? To me it seems ridiculous that he can have hit me square in the rear (when the car was towed away, it still had his headlamp cluster embedded in the rear of my car!!) and still my 'solicitor' reckons that there is a strong chance that he will win the case - how is that so?!

Collision with neighbour's car parked opposite drive — by Murdo Maguire — last modified 2007-02-11 12:16

My son reversed his car out of our drive and collided with a neighbours vehicle which was parked partly on the road and partly on the pavement opposite our drive. The road is circular so this is on a bend. It's a residential road and therefore not very wide. Having a vehicle parked opposite our drive makes it very difficult to reverse out, however it was possible to do so and I had managed it earlier in the evening in a larger car. Is the accident fully my son's fault or could any of it be attributed to poor parking? (Our neighbour did apologise for parking there) We're keen to avoid it going through insurance if possible, but also keen to stay on good terms with our neighbours!

Parked car hit by passing motorist may be written off on economic grounds — by Murdo Maguire — last modified 2007-02-09 12:08

Whilst at church, my stationary car was hit whilst it was parked. The lady who hit it (with Tesco Car Insurance) is admitting full responsibility. Tesco says they will repair it, but now I have found out that the accident repair estimate may be more than the value of the car, so they may scrap it instead. Can they do that? No one can surely hit a parked car & badly damage it, and then insurers not even repair it? Please can you tell me my rights?

Rear end shunt at unexpected temporary lights — by Murdo Maguire — last modified 2007-02-09 12:02

I came round the corner of a junction to find unexpected traffic lights which were on red. I jammed on my brakes but stopped past the white line and was immediately rear-ended. Will I be liable at all? I am fully insured and I believe the other driver is too.

Accident on roundabout where my insurer is prepared to concede liability when I think it was the other party's fault — by Murdo Maguire — last modified 2007-02-08 07:12

My girlfriend was in an accident at a roundabout where she was cut up by another driver. Who was indicating he was leaving at the first exit but then continued around colliding with her striking her front wing and door. We clearly regard the accident as his fault but now to our dismay we discover that our insurers and the other side are preparing to concede liability. Is there anything we can do? Do you advise we hire a solicitor to fight our corner.

Car was sold in 2003 and yet solicitor still is attempting to claim for subsequent accident — by Murdo Maguire — last modified 2007-02-07 20:31

In June 2003 I sold my car and advised the DVLA. In August 2003 the car was involved in an accident, to which I had no knowledge. The error I made was that I did not cancel my insurance policy as it was due to expire end July 2003. I was called and sent letters regarding the accident but I knew nothing about it and did not know who was driving. I did originally sell the car to a friend who said he then sold it on, so I am completely unaware of the circumstances. I have now received a letter from a solicitor to advise that they intending to take me to court. Where do I stand on this? How can I be held responsible for this when my only error was not to cancel the insurance?

Rear end shunt accident driver finds he is uninsured: what next? — by Murdo Maguire — last modified 2007-02-07 20:11

A family member recently had an accident in which he hit a car from behind. He immediately admitted liability and offered to get the police involved. The third party declined but they exchanged name and address details. On getting home my relative contacted his insurance company only to find out that the policy had not automatically renewed and had expired a month previously. He has now received a letter from the third party's solicitors acknowledging the fact that he was not insured. The police have not yet been involved in this matter at all so far. Please advise what is his liability in this case and what steps he should take now. He is 69 years old and the whole episode is becoming very distressing for him, so a prompt reply would be greatly appreciated.

Dents received in car parks and parking "at owner's risk" clauses — by Murdo Maguire — last modified 2007-02-07 19:52

I parked in a supermarket car park earlier this year and on returning to my car discovered a huge dent and a suspect trolley which fitted the dent perfectly. The trolleys in the trolley park were overflowing into the car park area and were not being cleared by staff. The duty manager agreed the dent was caused by trolley. I was subsequently quoted £350+VAT for repairs. I wrote to the supermarket manager as requested but they denied it was their problem as parking was "at the owner's risk". Is it worth pursuing this further?

Parked car struck by stolen car whose driver fled the scene. Who pays? — by Murdo Maguire — last modified 2007-02-06 07:28

My car was parked outside where I live and has been hit by a stolen Car. The thief managed to escape and left the car at the scene. I'm insured only third party and fire and theft. I contacted my insurer and they asked my to wait. At this point I'm quite confused and I don't know what do and who will pay for the damage?

GAP (Guaranteed Asset Protection) Insurance and its merits when buying a car on finance — by Murdo Maguire — last modified 2007-02-06 03:33

I am thinking of buying a new car on finance but the hire purchase company is very keen I should spend about £200 extra on what it calls GAP insurance which it says will protect my losses if I have an accident and the vehicle is written off or stolen and the insurer offers me the trade price when I will need to pay the retail price for a replacement. Can you advise what this is all about and what the benefits are to me?

Collision causing minor damage to public property: should I wait to see if I was seen or own up — by Murdo Maguire — last modified 2007-02-05 01:43

Today I accidentally drove my car into a wall in the car park of my local village hall. there isn't much damage to my car but part of the wall has collapsed. A passer -by saw it and commented that I would have to pay for the repair to the wall. Should I just own up and contact the parish council or should I just wait until such time as they contact me?

Reporting minor accidents to the police — by Murdo Maguire — last modified 2007-02-05 01:37

My car was park in a marked parking space and was hit by a taxi. No-one was in my car at the time but he left me his insurance details. Do I still need to contact the police?

Collision with stationary vehicle incorrectly parked — by Murdo Maguire — last modified 2007-02-05 01:28

I was negotiating a corner in a school car park and a vehicle had parked on the turn completely outside the marked car spaces making it difficult to turn the corner and I grazed the bumper of his completely stationary car. I went back and checked having parked and gave the owner my details. Am I liable even though he was blocking the turn?