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Legal advice re: incident in council car park

Last post 07/07/09 at 10:36 by Arched Eyebrow, 25 replies
Post started by kent1 on 04/07/09 at 16:32

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    Posted by: kent1 04/07/2009 at 16:32
    Joined on 30/10/2008
    Posts 2,230

     Simply told; car (new) parked correctly in designated bay in council car park;return to find slight, but noticeable and (no doubt) expensive damage to door; two notices on car - one giving mobile number and 'call me', the other describing car and giving reg no. that had bumped me.

    Have now phoned mobile - owner admitted that her 18 yr old daughter had bumped me though blamed another driver for 'stealing the parking place she intended to park in'. Owner gave her name but said she wanted to sort it out without involving insurance companies - though also wanted it not to be 'too expensive'.

    Now I will take car to dealer on Monday and get a quote, then speak to he again; my problem is:

    1) what if she won't pay?

    2) Shold I pay & claim back from my insurance co.? or

    3) Should I go to the police? or

    4) May I need to take her to the small claims court?

     

    Any advice? Thoughts?

     

     

    Many thanks

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    Posted by: airside 04/07/2009 at 16:36
    Joined on 06/05/2007
    Posts 73,128
    If she won't pay get your insurance company involved and they will chase her insurance for the money. Depending how much it is she may decide to go through her insurance anyway. I don't think you need the police at this stage tbh, the insurance company would work harder to chase her tan they would anyway.
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    Posted by: ilovesooty 04/07/2009 at 16:40
    Joined on 20/10/2002
    Posts 24,783

     It's a new car and you're entitled to get it repaired by a dealer and a proper job done. While you're at it I'd phograph the damage in case she disputes it later.

    Her insurance will chase it if she doesn't pay: I think she's obliged to give you the insurance info.

     

    I don't think the police will be at all interested if no one's hurt.

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    Posted by: pink_reindeer 04/07/2009 at 16:42
    Joined on 30/03/2007
    Posts 3,448
    kent1:

    1) what if she won't pay?

    Cross that bridge when you come to it. Get your quote, call her back and see what she says. If she refuses to pay, then surely, as you have her details and she's admitted it, you can just contact your insurance company and let them deal with it. IF she won't give you details of her insurance company, I would contact the local police and see what they say.
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    Posted by: dartford444 04/07/2009 at 16:52
    Joined on 05/05/2007
    Posts 38

    Tell your insurance company, but make it clear that it's a report only, not an actual claim unless you make it one. If the third party won't pay, you can claim on your policy if you have comrehensive cover - do you have 'protected' no claims discount? Insurance premiums for 18 year olds are horrendous, so the mother may well pay to avoid an even worse renewal premium relating to her daughter. Don't pay up front, and don't claim from your insurance company unless you have to. In any event, your company will probably want to inspect the damage if you claim, unless it is trivial. Get an estimate asap however.

     

    The police won't be interested unless someone has been injured. Forget any legal action until matters are clarified. Most people would have 'hit and run' so the fact the third party has left contact details suggests she is likely to be honest and reasonable.

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    Posted by: phoebe14 04/07/2009 at 20:30
    Joined on 25/08/2005
    Posts 1,825

    I think you are entitled to go through your insurance. You need to ring them now and tell them about the accident. They can advise. The other party was at fault and you must do what you think is right. If they are not insured or refuse, your insurers pay out and will take them to court to get the money back...

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    Posted by: Richard.Wipes 04/07/2009 at 20:33
    Joined on 04/07/2009
    Posts 17

    Was the 18 year old girl insured to drive that car, did she have a full licence?

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    Posted by: impis 04/07/2009 at 21:20
    Joined on 03/08/2003
    Posts 7,335

     Look, lets be positive, shall we? ! 

     

    They were honest enough to leave you a note with a genuine phone number.  They are obviously honest people.      Do the right thing - get a couple of quotes, and photocopy them.  Send them to her, and give her the opportunity to keep her promise.

     

    There are very few people, in this world, sadly, who would be honest enough to leave a note admitting blame.   

     

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    Posted by: *snowflake* 04/07/2009 at 22:10
    Joined on 09/07/2006
    Posts 60

    Often people do offer to pay at the time of the accident. However once they find out the cost of damage they soon change their minds. Perhaps get the quotes first and send them to her to see if she is still willing to sort this out directly. If she is not forthcoming it would be wise to ask your insurers to deal as they are the experts. I wonder if the daughter was not insured to drive the car. 

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    Posted by: ilovesooty 04/07/2009 at 23:00
    Joined on 20/10/2002
    Posts 24,783

     If the 18 year old were not insured I doubt very much ir the woman would have left a note and said her daughter had been driving.

     

    I agree with imp - though i'd still photograph the damage.

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