Claimed car park incident - what to do?
About 7 weeks ago I got a call from from my insurers to say that someone had claimed I'd caught the side of their car while reversing in a car park and driven away.
I wasn't aware of this, but checking credit card receipts, could confirm I was in the car park at the time waiting for my wife who was also unaware of any incident and she notices EVERYTHING.
I asked for photographic evidence and my insurers emailed a picture of a scratch with red paint (my car colour) 3 to 4 inches long, with other minor abrasions above a wheel arch. The position of the scratch would make it an easy repair without the need to respray the whole wing, although having said that it is a metallic paint.
I heard nothing for a month and then last Friday received a letter say the other party were threatening legal action and would I be prepared to attend court.
As I do not have legal cover on this policy I do not want to end up owing thousands if they have an independant witness who says I am at blame. On the other hand, I have 9 years of NCB, albeit protected, but don't want this affected if I'm not.
I guess what I'm asking is how should I respond to my insurers, are the other side likely to take action for such a small repair?
Thanks for any advice.
Welcome to the site Sam, it sounds like your insurance company are going along with this claim, despite your denial?
Of course you wouldn't have contacted them at the time, as you never even knew that you had been involved in an incident
Mind you, the paint colour did match your car, and if you had scraped it, I'm fairly sure you would have known at the time if were "a bit too close"
It might work out a bit cheaper for you if you allowed your insurance company to handle it, and go along with things, after all you do have a protected NCB, good luck with it.
Just out of curiosity, how do you know they did not hit your car whilst you were parked?
sam0680's first post suggest he did not leave his car Rolebama, otherwise a fair point. Based on what is in post one, I think I would confirm I was in the car park point out that I had no recolection of hitting any car and the colour in the photograph is the same as that on my car. As to going to court - it is the insurance company who is going to court, you will be one of their witnesses, and this should be at your insurance companies cost not yours.
Thanks guys, this is the first time I've had a chance to reply.
I, too, thought maybe he hit me or scraped another red car and was looking for a target. But, I traced the receipt at the time and I do know I stayed in the car waiting for my wife on this occasion. In this tiny 8 bay car I always drive in reverse out. You can't escape this car park quickly, as it's on a small, but busy high street with traffic lights just by it. 100-1 you would have space to drive straight out, the lights were green and you could turn right, as I did, without any approaching traffic. I know I would be banging on the window of someone who had caught me or least bawling at them.
I'm probably being thick about the court costs, but when my insurance from Direct Line went up again this year, I visited a website favoured strongly by Russian mammals. As my car's getting old now I picked the best combo on price/excess which was Kall Kwik underwritten by LV and tried to register. I had a problem when I tried to do online and rang them. The salesman asked be to confirm I wanted legal protection which added a silly amount, I told I didn't and he came back with the sharpest intake of breath I've ever heard. He couldn't understand why on earth anyone wouldn't take this out, but when I mentioned I was happy to go elsewhere rather than upset him, he was ok.
Now following wagolynn's comment I am wondering what legal protection is exactly?
Although my NCB is protected adding an accident certainly abngs up any insurance quote.
Last edited by sam0680; 14-11-11 at 20:35.
Quote...." I am wondering what legal protection is exactly?"
Legal cover means that if you ever find yourself having to go to court over an accident claim that the insurance company will cover your "court costs" up to a set limit, usually around £50.000 and upwards, depending what cover you take out.
Thanks smudger, so in my case would I need to pay any costs if I lost - sorry if I'm being thick.
The legal cover attached to motor insurance policies is as Smudger describes but what most people do not realise is it is effectively a separate insurance. It is usually a law firm contracted by the insurers (though under some policies under certain circumstances you can choose your own law firm) who will act for you personally.
These are usually restricted to motoring matters, so don't try to use it to get a super injunction.
So as you previously said it's between the two insurance companies with the insured as witnesses.
Originally Posted by wagolynn