Car reversed into me in car park - who is at fault etc?
Whilst in a car park waiting for a space, a lady reversed out of her space and hit my car on the rear drivers side. Her towing hitch the underside of our bumper(causing a large dent, and knocking bumper off clips). The damage to her car was in the middle of the boot door(Renault Scenic), up to the window. I don't think our car caused all the damage, as the our car is quite low. Anyway, a witness came over, who she immediately said she didn't know him, and started taking pictures. The witness said he saw me reverse into her car, even though I was straight, and she was reversing at an angle. We swapped details, and that was that. Later, I went to her house to update some details, and take a picture of her car. She then said that she didn't see me when reversing. My questions are, who is at fault, and with regards to insurance - if I claim off her insurance for damage to my car, and she claims against my insurance for damage to her car, do I still have to pay the excess? Both of us have Fully Comprehensive Insurance.
Last edited by shays47; 15-02-14 at 21:11.
Another thread had a similar question and I found a gap in my knowledge. My understanding now is that you only pay the excess if you are claiming for damage to your own car - not the other party. So the answer in this case would be that no, you do not pay excess. If you were in a reasonable position, stationary and the car reversed out into your car I do not see what blame can be attached to you. The problem, as is often what occurs, is proving your account - good luck !
Was it daylight and what were the weather conditions at the time? Did you have any passengers with you at the time? The witness taking photos sounds a bit suspicious. Could it be a crash for cash scam, do you think?
Last edited by Dennis W; 17-02-14 at 10:49.
Let me get this straight:
You were stationary and someone reversed into you.
There was a witness who says that you reversed into her.
You think that there was existing damage on her car.
She later told you that it was her fault, but you have no witness for that.
If the 'accident' happened as you describe, you might consider going to the police with the details, as it looks as if she deliberately engineered it to claim from your insurance. This would be hard to prove though, and I have no doubt that her claim will attempt to place the blame entirely on you.
I have no idea how the police will respond, but the insurance company's initial reaction will be to apportion blame equally (their default position). Faced with a statement from the 'independant' witness, they may decide that you were 100% at fault. Whichever way it goes, you are unlikely to be able to claim your uninsured losses from her, so don't go hiring cars. Apart from this, you liability is limited to your own excess, and any potential premium increase.
Quote......"understanding now is that you only pay the excess if you are claiming for damage to your own car -
If that's the case, how come I had to pay the excess to have my car repaired, after someone ran into the back of my car, when I was stationary in a queue of traffic?
I haven't a clue. Was the repair cost claimed from the other driver ? if so your excess doesn't come into it. If you claimed on your own insurance then you were claiming for damage to your car. Santa's suspicions crossed my mind later on. It is a strange situation.
As the innocent victim, you should have been able to recover that from the 3rd party's insurance. I have no idea why you didn't.
Originally Posted by smudger
I did get my excess back Santa, but I had to wait months to get it. I had to fight for it though, as my insurance company wanted me to go 50/50 even though the other driver got done for driving without due care?