insurance question

CJhaughey

Wife parked outside local country school, picking up kids.
Facing oncoming traffic.
Other driver comes along and crashes into the parked car.
He admits liability but not in writing.
Wing/headlight/bumper/trim under the grill/bonnet and the metal reinforcement behind the bumper are all bust.
I took it to a local panel shop and priced it as just under 1800 to repair.
I gave this to the other driver and they are now claiming that the car shouldn't have been parked facing that way on the road and they are not at fault.
What are the legalities on parking facing the oncoming traffic?
This is a country area and there is no carparking apart from the road.

Jagle

he hit your parked car and is now claiming because it was facing the wrong direction he isnt liable?

you know he would of hit the back if that wasnt the case.. just pass his insurance details to your insurance company

aujopimur

If it's clear it happened as you describe ie photos, witnesses, or garda involvment, I'd ask him one more time (politely) and tell him it's going thru' insurance, and do so.

OldmanMondeo

They hit a stationary vehicle, there fault 100%. Could be many reasons why car was there.

bazza1

F**K him! Pass details to your insurance company and let them deal with it. You dont need this crap!

skippy2

Police should have been called to take details and then left it with Insurance company to sort out, consider doing this now

vectra

Just one question. was it ok to park where your wife did?
Was there and no parking signs or yellow lines?

rorypat

OldmanMondeo wrote: »

They hit a stationary vehicle, there fault 100%. Could be many reasons why car was there.

Not true. If you had to avoid something and u hit an illegally parked car u could argue not your fault a they shouldn't be there.

pred racer

rorypat wrote: »

Not true. If you had to avoid something and u hit an illegally parked car u could argue not your fault a they shouldn't be there.

Not true, you are supposed to be looking where ur going, you cant hit stationary objects just because they are not supposed to be there.

CJhaughey

In my opinion he was going too fast for conditions, if he couldn't stop before hitting a parked car outside a school then he was going too fast.
That said I did give him a chance to go through the repair process without getting the insurance company involved and all I got for that trouble was an earful from the policy holder who claimed that the car was parked badly and facing the wrong way!
I explained that I only wanted to give them a chance to make good the damage before it went through the insurance process but she was adamant that she didn't have the money and we were in the wrong.

CJhaughey

vectra wrote: »

Just one question. was it ok to park where your wife did?
Was there and no parking signs or yellow lines?

Yes, this is a country road, no yellow lines or signage apart from rumble strips and warnings of school ahead and to slow down.

coylemj

rorypat wrote: »

Not true. If you had to avoid something and u hit an illegally parked car u could argue not your fault a they shouldn't be there.

You're not allowed to derive a benefit from something someone else does just because it's illegal. If it happened in daylight and he crashed into her stationery car, its his fault.

If she was stopped there because of a mechanical breakdown, she would not have been 'ilegally parked' so how can it be her fault just because she wasn't broken down?

Seth Brundle

1. get your missus to call into your local garda station and notify them of the incident
2. inform your wife's insurance company of the incident (but not necessarily to proceed with a claim) - they have a vested interest in your wife's car and should be made aware of the incident. (I would not recommending that your wife pursues a claim via her own policy)
3. tell the driver to accept the quotation or you are just going to pursue a claim against their insurance company and avoid their stalling.

Seth Brundle

rorypat wrote: »

Not true. If you had to avoid something and u hit an illegally parked car u could argue not your fault a they shouldn't be there.

What makes you presume that it was illegally parked?

-Chris-

+1, and if Rorypat's car is parked on double yellow lines, am I allowed to drive into it without liability?