Hit in a car park, other driver disputing claim

Ardent

Appreciate any advice from folks who have been in a similar situation -

My wife happened to be sitting parked in a car park a few weeks ago when another passing driver got his angles wrong and side swiped the front of her car. The damage is not huge (photo attached).

She took photos of his van, his insurance details and damage to her own car. He provided his insurance details to her on the spot. Fast forward a few weeks though and his insurance company is saying he is disputing liability. He is even counter-claiming, saying she reversed into him (WTF?).

The sum to fix the car is not huge - is insurance company's assessor estimated it ~750 euro.

Has anyone else been in this situation and how did you resolve it?

cursai

Did you mean she was in the middle of parking. As in mobile. She's in the middle of two spaces.

colm_mcm

cursai wrote: »

Did you mean she was in the middle of parking. As in mobile. She's in the middle of two spaces.

Sitting parked in a car park

looking at the damage the OPs car would have to have been driving sideways to do that damage to their own car.

shietpilot

She reversed into him yet the front of her car is damaged? Good luck to the other driver :pac:

Ardent

colm_mcm wrote: »

Sitting parked in a car park

Correct.

Uriel.

He was probably pissed off at her atrocious and ignorant parking skills

Donal55

Uriel. wrote: »

He was probably pissed off at her atrocious and ignorant parking skills

Sometimes happens. Clowns in adjoining bay crosses over and fcuks up the rest of the parking arrangements for everyone else.

cursai

Ardent wrote: »

Correct.

The reason I asked is were you there at the time? Did you see the accident. Because I wonder if she was driving through spaces to get to the exit and pulled out in front of the other car. Just a fraction out on the roadway before being scraped. Hence why it looks like she parked her car over 2 spaces.

Ardent

shietpilot wrote: »

She reversed into him yet the front of her car is damaged? Good luck to the other driver :pac:

Yeah it's crazy isn't it? Yet as far as his insurance company is concerned it's her word against his and the onus is on us to prove our loss.

Isambard

there's nothing to say the photo was taken at the time.

Ginger83

Reversed into him and yet frontal damage, sounds like he made a false declaration to his insurance company

marklazarcovic

shietpilot wrote: »

She reversed into him yet the front of her car is damaged? Good luck to the other driver :pac:

had same thought myself

Ardent

cursai wrote: »

The reason I asked is were you there at the time? Did you see the accident. Because I wonder if she was driving through spaces to get to the exit and pulled out in front of the other car. Just a fraction out on the roadway before being scraped. Hence why it looks like she parked her car over 2 spaces.

She says she was fully parked when he came flying in. It might appear from the photo that she is parked in two spaces but she wasn't (not that it would make a jot of difference?!).

NomadicGray

Uriel. wrote: »

He was probably pissed off at her atrocious and ignorant parking skills

I doubt the white lines in a car park are legally binding.

Looks pretty obvious something went across the front of the car rather than the car going head on in to something

Gumbo

Time for a dash cam OP.

Wheety

kceire wrote: »

Time for a dash cam OP.

Wouldn't the time for a dash cam have been before the accident?

tk123

Does the carpark have CCTV? I had a nice guy drive into my car just this week and feck off - not huge damage but enough for me to stop on my tracks and see it from a mile off. I caught it all on my dash cam though so he won't be disputing it!

Cee-Jay-Cee

She should up her claim considerably to include mental Anguish and distress caused by his blatant lies. That might shut him up a bit!

I would also report the insurance company to the ombudsman. A claim was lodged and now they're going to settle it 50/50 with zero investigation as they a lazy shower of criminal bastards that will screw their own customers.

2Mad2BeMad

tk123 wrote: »

Does the carpark have CCTV? I had a nice guy drive into my car just this week and feck off - not huge damage but enough for me to stop on my tracks and see it from a mile off. I caught it all on my dash cam though so he won't be disputing it!

How do you keep your dashcam on all the time?
mine is only on when the car starts, is yours battery operated?

tk123

2Mad2BeMad wrote: »

How do you keep your dashcam on all the time?
mine is only on when the car starts, is yours battery operated?

I have a BlackVue camera and their power magic pro add-on box. It's wired into the battery (via the fuse box) and the power magic pro sits in between to cut the camera if the battery gets below a certain level. In parking mode it'll stop recording a few mins after the engine stops and start again if the camera senses movement in front of it or if the car moves.

hi5

Ginger83 wrote: »

Reversed into him and yet frontal damage, sounds like he made a false declaration to his insurance company

He should be done for attempted fraud, but the way it currently works he won't be:mad:

Gumbo

Wheety wrote: »

Wouldn't the time for a dash cam have been before the accident?

I would have thought that was obvious but it will help for any possible future encounters.

Ginger83

hi5 wrote: »

He should be done for attempted fraud, but the way it currently works he won't be:mad:

Yes i fully agree, its us who pay for those lies.

pm.

Ardent wrote: »

Appreciate any advice from folks who have been in a similar situation -

My wife happened to be sitting parked in a car park a few weeks ago when another passing driver got his angles wrong and side swiped the front of her car. The damage is not huge (photo attached).

She took photos of his van, his insurance details and damage to her own car. He provided his insurance details to her on the spot. Fast forward a few weeks though and his insurance company is saying he is disputing liability. He is even counter-claiming, saying she reversed into him (WTF?).

The sum to fix the car is not huge - is insurance company's assessor estimated it ~750 euro.

Has anyone else been in this situation and how did you resolve it?

Have a look at this http://touch.boards.ie/thread/2057671395/2/#post101780005

I really hope it works out better for you

pred racer

Isambard wrote: »

there's nothing to say the photo was taken at the time.

Yes there is :rolleyes:

Johngoose

Better to call guards to prevent this kind of crap.Your wife is right based on what you are saying.

ba_barabus

Johngoose wrote: »

Better to call guards to prevent this kind of crap.Your wife is right based on what you are saying.

They won't come out for this kind of stuff

3rdDegree

Johngoose wrote: »

Better to call guards to prevent this kind of crap.

Always wondered this myself. Should one call the Gard's if I in a minor incident like this? Even if the other person admits liability on the spot, they can change their story later. But do the Gard's not get sick of being called to these small incidents? Does it not annoy the hell out if them?

dodzy

3rdDegree wrote: »

Always wondered this myself. Should one call the Gard's if I in a minor incident like this? Even if the other person admits liability on the spot, they can change their story later. But do the Gard's not get sick of being called to these small incidents? Does it not annoy the hell out if them?

unless the minor incident is causing traffic havoc from rubberneckers, then it's unlikely they'll turn up. In a car park, I'd say the chances are zero.

Walter2016

Inform the insurance company that you are getting an expert report written on how the damage could only be caused by the other vehicle moving and your car stationary and that the cost of this report will be added to the claim along with additional costs for your time and for rental of another car whilst the independent expert inspects the car

Also tell them that you have requested cctv footage from the carpark and the cost of procuring that will also be added to the claim.

Give them 7 days to reply to you.

Eric Cartman

Cee-Jay-Cee wrote: »

She should up her claim considerably to include mental Anguish and distress caused by his blatant lies. That might shut him up a bit!

I would also report the insurance company to the ombudsman. A claim was lodged and now they're going to settle it 50/50 with zero investigation as they a lazy shower of criminal bastards that will screw their own customers.

No ! its this kind of crap that drives up insurance prices for all of us, we (as a nation) need to learn to stop pulling this kind of crap and just claim for actual damage and actual medical bills. No more of this sore neck / ptsd/ distress crap.

Ardent

Walter2016 wrote: »

Inform the insurance company that you are getting an expert report written on how the damage could only be caused by the other vehicle moving and your car stationary and that the cost of this report will be added to the claim along with additional costs for your time and for rental of another car whilst the independent expert inspects the car

Also tell them that you have requested cctv footage from the carpark and the cost of procuring that will also be added to the claim.

Give them 7 days to reply to you.

Thanks for that.

Anyone know where to get such an inspection and written report?

everlast75

Ardent wrote: »

Thanks for that.

Anyone know where to get such an inspection and written report?

Alan P Conlon is a very good engineer/assessor

db

everlast75 wrote: »

Alan P Conlon is a very good engineer/assessor

This is where the insurance company have a huge advantage over you. It will cost you at least half the cost of the repair to get an assessor to give you a report without any guarantee of recovering that cost. Unless you are prepared to go to court with this there is very little you can do to force them to pay up without independent evidence like a witness or cctv to back up your claim.

Ardent

I'm prepared to go court, it's the principle of the thing at this stage. Question is, would I recover my legal fees?

biko

We don't know as that would be legal advice

If you do go to court, come back and update us. I hope it works out for you.

Walter2016

Ardent wrote: »

Thanks for that.

Anyone know where to get such an inspection and written report?

I reckon that by telling them you are prepared to go to an independent assessor for an expert report, you will get a different attitude.

Ardent

Walter2016 wrote: »

I reckon that by telling them you are prepared to go to an independent assessor for an expert report, you will get a different attitude.

Nope, they are not for budging. Looks like I will have to follow through with a solicitor.

OldmanMondeo

Eric Cartman wrote: »

No ! its this kind of crap that drives up insurance prices for all of us, we (as a nation) need to learn to stop pulling this kind of crap and just claim for actual damage and actual medical bills. No more of this sore neck / ptsd/ distress crap.

Problem there is like the OP, the person who caused the accident lying and that's where solicitors get called in.....