Insurance Claim

ManUnited123

So I was in the parking lot the other day and someone parked extremely close to my car. To get into my car I opened the door and it brushed the other car very lightly (didn't even have a scratch or anything because I was quite careful) however the other party was in that car at that time and got agitated that I hit their car with my door. They got out of the car and started pointing at other scratches on their car which they claimed were caused by me because I hit their car with my door 🙄. Some of the scratches they were claiming I caused were not even near where the contact was made! Anyway, We had a heated argument and they ended up taking a photo of my insurance disc and went away. I didn't get a chance to get their insurance details.

So the question now is, what is the process in these sort of scenarios? Can they make a claim on my insurance and I end up losing my no claims bonus? I'm happy to challenge their claim if they do make one because I am 100% confident that I didn't damage their car but was just wondering what is the process followed by insurance companies in these cases?

Dempo1

Did you happen to get a photo yourself of the Alledged Damage.

Taking a photo of someone's insurance disc is meaningless, this person will not be able to get any of your details under GDPR rules, however ( I'm not an expert) I would consider notifying the incident to your insurance company, if only to have it recorded/ Documented.

This person doesn't appeared to have taken additional photos of the Alledged Damage, if they did, it can't be much and if they persued this matter, I can't see it going anywhere.

It's a civil matter so. I can't see Gardai getting involved so I don't believe you have anything to be concerned about.

If every driver in the country was to persue these types of incidents the court system would collapse.

This is my own opinion , perhaps others have similar experiences might respond and advise accordingly.

Bensimp

I'd say nothing to your own insurance company. Let the 3rd party contact your insurance and in turn your insurance company will ring you to ask where you involved with another car on a particular date / time / location etc. if they wish to entertain it.

Lets say your insurance company entertain the claim, which they might. They should inspect both the 3rd party's vehicle and your vehicle. i.e. does the damage they state exists, does the damage tie up with the position / height of your door , does the damage look fresh is there damage on your car etc.

If thy do inspect the 3rd party's car and see the car is covered in dents, scratches, knocks etc. they may ignore the claim or if they wish to pay out they could allow for what's called "Betterment" . In other words, lets say the damaged to repair and paint was €400, your insurance company could allow them €200 of this claim as there was pre existing damage etc.

You can also get an insurance company to agree figures on any claim and pay the repairers yourself, this way the insurance company is working for you at their agreed figures but there is no claim as you paid direct.

I had someone pull this on me before, they showed me damage that I was supposed to have done. It was old paint chip with dirt and around the chip etc. I highlighted that it was old damage showed them no damage to my car, I just ignored them walked away and nothing happened from it.

Dempo1

https://www.boards.ie/discussion/comment/117918107#Comment_117918107

All very good points, again I'm not an expert, my only concern for the OP is this other driver, for example exaggerating a claim, or for example hypothetically, they have another incident separately in say a months time and throw this into the mix.

I guess the crux for OP is how they document the time, place and date of this incident without informing anyone. I do understand your concerns re advising insurance company, I'm just concerned the OP needs somehow to document the incident, just in case. Again IMO 😏

ManUnited123

Thanks Guys -

There was absolutely no damage to where the door brushed against his car. It's quite normal for car doors to hit the other car and I didn't fling the door open (I was very careful) but as they had parked extremely close there was no way I could open the door without touching their car.

Unfortunately I didn't take any pictures of their car and my concern is that they will make something up with the insurance company? They were showing me scratches to the left front of the car which just was not possible because when you open the door, it will always hit the door of the other car (if they are parked parallel to each other).

Also, I believe there was a security camera at the location as well. Is there any chance I can get the footage from the camera if I need to just in case this guy makes something up? Not sure what the procedure is if you wanted to get a footage from a security camera for insurance purposes though.

Dempo1

https://www.boards.ie/discussion/comment/117918238#Comment_117918238

Unfortunately it's not very easy to get access to cctv and normally has to be requested formally, even by Gardai.

Also, there are guidelines as to how long footage can be stored, so this to is a slight concern.

I'm stumped honestly but feel some record of the incident needs to be documented somehow for the reasons you and I have outlined.

db

I'm sure the other person is exaggerating any damage but on the other hand why did you not ask them to move if you knew you couldn't get in to your car without the doors touching?

If am I that close to another car I put my fingers between the two doors to stop them touching. If I can't get in like that I will use the passenger door and climb over. There is no reason the doors should touch and you leave yourself open to a claim if you allow it to happen.

ManUnited123

https://www.boards.ie/discussion/comment/117918289#Comment_117918289

Because I was careful and made sure not to damage the car? I don't know how you'd get in with your fingers between the door and the car and sit down in the seat at the same time but like I mentioned I didn't fling the door open or anything, in fact I was very careful so the fact that it was such a big issue for him was a surprise for me.

You could also argue why would they park so close to the driving side of the car in the first place?

AndyBoBandy

This sounds like a bit of a scam.....

I'd ring your insurance company, and explain to them everything that happened. yes the doors touched, but it made absolutely no damage... and for them to expect a call from someone making a fraudulent claim against your policy....

Better for you to forewarn them, rather than them calling you asking you to explain..

Dempo1

https://www.boards.ie/discussion/comment/117918342#Comment_117918342

I honestly tend to agree , I see no down side to OP reporting this to their insurers, it will only help dispell any lingering doubts later if the other driver attempts a spurious claim.

The actions of the other driver, taking silly photographs of the OP 's disc speaks volumes, if the alledged damage was so shocking, they had the option of calling the gardai to the scene, instead they drove off like the petulant upstart they appear to be.

It's a sad fact but there are chancers out there and all too often genuine people caught out because they've not documented or recorded facts fully at or near the time of the incident.

jmreire

Most modern cars have ( or at least used to have protective strips alongthe length of the car ) and these were designed to avoid hard contact between opening doors. Does you car have them?

db

https://www.boards.ie/discussion/comment/117918327#Comment_117918327

You seem to think it is perfectly OK for you to open your door against the other car. It's not and as soon as you did you left yourself open to the person in the other car making a claim. Unless you have photographs showing the exact point of contact not having any damage I can see the other person making a successful claim. That doesn't mean they are right but you have very little to defend yourself with here.

If there was noone in the other car and they were parked so close that you couldn't get in without hitting their door with yours then you might have an excuse but you could easily have knocked on the window and asked them to move a bit.

ManUnited123

https://www.boards.ie/discussion/comment/117919275#Comment_117919275

If I don't want my car to get hit with the door from the car next to me, I don't park my car extremely close together. Plus, I always leave as much space on the driver side as possible so yes I think its perfectly fine to open the door against the other car (as long as you don't make any damage).

Also why is the onus on me to prove there is no damage? Should it not be on the counter party to evidence damage?

db

https://www.boards.ie/discussion/comment/117919552#Comment_117919552

It doesn't matter how close someone else parks to you, it's not perfectly fine to hit their car with your door if it can be avoided and in this case you could have just asked them to move if they were too close. I don't like the idea of someone making a claim over nothing but you accept you hit their door and if they claim off your insurance and you can't show there was no damage there is a good change your insurance will pay out.

UrbanFox

Report it to your insurance company for the following reasons ;

1. It is a condition of your policy that you do so promptly as distinct from waiting to see if anything happens.
2. If you forget about this and renew your policy you are making a misrepresentation which may come to light if the other guy eventually decides to make a claim.
3. This stinks of a chancer trying to stick you with every scratch they ever had on that car. It is better to let your insurance company deal with it as they know what to do.
4. DO NOT be tempted to buy off any claim outside of insurance. That is often a game of hopscotch on a minefield.

Something very similar happened to my mother in a hospital car park. The other guy was a raving bully who tried it on in grand style. I actually felt sorry for him when my mother was finished dealing with him ! It all went away.............

Henry Ford III

You've no evidence OP. You admit that your door made contact with the 3rd party's.

I wouldn't be too surprised if your insurer paid out in those circumstances.

galwaytt

https://www.boards.ie/discussion/comment/117918107#Comment_117918107

absolutely wrong advice.

OP insurer could receive a claim (for God knows how much), pay it and OP would never know about it........until renewal time. Too late then.

@ManUnited123 - tell your insurer, give them the details (keep it simple, clear). If nothign happens, nothing happens.

Bensimp

https://www.boards.ie/discussion/comment/118246024#Comment_118246024

Unfortunately I don't this is not the wrong advice as this is what I would and advise anyone else to do if they didn't damage a 3rd party car. I dealt with insurance claims with a previous role I had.

If you tell the insurer and a claim is made there is more of a chance of a pay out being made as you made the insurer aware and the may take the easy route.

If someone makes a claim against you, your insurance company will contact you to confirm a validate the claim made against by the 3rd party's such as being at a particular place / time etc.

If that is the case I could go around taking insurance details off any car in a car park and make a claims from any car I like and .

Eggs For Dinner

https://www.boards.ie/discussion/comment/118246178#Comment_118246178

OP, please ignore the information here. You are obliged to advise your insurer of any incident which may give rise to a claim. Claims are paid on the evidence presented and notification does not increase the likelihood of a payment

galwaytt

https://www.boards.ie/discussion/comment/118246178#Comment_118246178

From actual experience, No, the insurer will NOT automatically contact you in advance of paying out a claim.

This happened to me and I was sitting for 5+ weeks for someone from my insurer to assess the damage to my vehicle and lo & behold before that even happened I found the other party's car had been repaired and was back on the road, all attributed to me, and I didn't receive a single call, email or letter on the subject.

Eggs For Dinner

https://www.boards.ie/discussion/comment/118252104#Comment_118252104

That's a breech of the Consumer Protection Code, where an in insurer is obliged to advise you, fairly quickly, of the following

If a claim has been received from a 3rd party holding you liable

When Liability has been determined

When a payment has been made

When the claim has been settled

coylemj

https://www.boards.ie/discussion/comment/118249204#Comment_118249204

Isn't there a risk that, if you notify your insurance of a trivial incident like the one the OP has described, that they will place a 'claim pending' flag on your policy and jack up the premium on your next renewal? And leave you in limbo until the statute of limitations cuts in and rules out a claim?

Eggs For Dinner

You have to notify your insurers or you run the risk of them refusing you indemnity and they can come after you to recover any outlay to a 3rd party, if the delay prejudiced their position

For a minor knock, insurers generally close down a file after a few months if there is no contact from a 3rd party. Others, like AXA, just note their records of the notification. They don't even set up a claim record. The statute of limitations for property damage is 6 years, so insurers don't consider this when deciding to close a file down. It's about their assessment on the likelihood of a claim coming in. If you rear end someone, they will hold a claim open for a longer period, as odds are a claim will eventually come in