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Old 24 December 2011, 03:01 PM
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alcazar
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Default Accident/insurance question?

Wife has just come home and some daft bint in a Xsara Picasso has reversed into the passeneger door of our Xantia in Tesco's carpark.

The woman first said, "I didn't see you", then went into defensive mode and said that she accepted no liability, and that my wife "must have come round there at a hell of a lick!". Wife was stationary when struck.

Daft bint saying she has in independant witness, (teenager in front seat of her car).

Now, the damage to our car is negligible. Some paintwork scratches. Nowt worth even bothering about on an old car like the Xantia.

But what bothers me is if this bint goes home and THEY decide to try a claim against us? Hers has a cracked rear lens, and cracked rear bumper. So ££££.

What to do here? I don't want to even TELL my insurers for fear of increased premiums whether we claim or not.
But if I DON'T and THEY claim, then what happens?
Old 24 December 2011, 03:05 PM
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boxst
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What tends to happen is it'll be a joint fault, so will effect your no claims etc...
Old 24 December 2011, 03:06 PM
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DCI Gene Hunt
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Do Tesco's have CCTV?
Old 24 December 2011, 03:09 PM
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if she has been reversing out of a space then its her fault, do a pic in paint and can advise better, her witness is not independant lol as there in the car and know them,
Old 24 December 2011, 03:55 PM
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Exact same thing happened to me in our work car park a few years ago, a woman reversed out of a space into the side of my car while I was driving past. The strange thing was she admitted to her insurance that she was partially to blame but for some reason wouldn't accept full responsibility, like the fact that she didn't see me was in some way my fault. Having admitted partial fault she had forfeited her own excess and no claims, so she had nothing to gain by this stance, but I guess logic wasn't her strong suit.

I ended up having to claim off my insurance (repair bill was not cheap because she damaged a door, wheel arch, wheel and rear bumper) but I stuck to my guns and insisted I was not at fault. It took several months and my insurance company threatening to take her to court, but eventually she caved in and I got my excess repaid.

I would contact her insurance direct and explain the situation, including the fact that she said "I didn't see you" - which is as good as an admission of fault if she was reversing out of a space - and the fact that your wife's car was stationary at the point of impact.
Old 24 December 2011, 04:34 PM
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As long as your wife was driving forwards and not also reversing, it should be cut and dried - the car reversing is generally assumed to be in the wrong, in the same way as a car shunting the back of another one at a junction always is.
Old 25 December 2011, 04:05 PM
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Jeff, I swear I just happened to be in Tesco at the time of the incident. Theoretically by law you do need to inform your insurers, more so now on the chance this stupid bitch tried to pull a fast one. Now I know how argumentative you can be so suggest you get into '****' mode with the insurers if required. As said I saw it happen so can give an account of the situation as an independent witness.


Happy Christmas anyway mate
Old 25 December 2011, 05:43 PM
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PaulC72
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Sadly I think that if no witnesses or evidence to back up your claim comes to light it'll be deemed a 50/50 as they would consider it her word against the other driver, wrong I know but thats the way it is.

many many years ago I had an accident where it was deemed 50/50, beairng in mind I was facing the kerb stationary doing a turn in the road when a car reversed into me (in what seemed slow motion)... I was always amazed how it could be 50/50 but as no witnesses we around (although my brother was in the car with me he was not independant) they could not aportion blame on one party.
Old 25 December 2011, 06:19 PM
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alcazar
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The thing is, guys, I DON'T want to make a claim, as it's REALLY not worth the effort for that car.....it's a cronk and there are just a few surface scratches

My only worry is that daft bint will try it on and if WE haven't made a claim, then what?
Old 25 December 2011, 07:20 PM
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AFAIK if she makes a claim you will have no choice but ot make one also as it will automatically involve your insurer, how you get roung this problem I don't know especailly aqs it was not your fault from what you are saying, if it had been you could have offered to pay for any damage if she didnt claim.
Old 25 December 2011, 09:12 PM
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I would phone yur Insurance and give them her details. Like you say you don't want her to say yur at fault and you don't want yur insurance to think yur pulling a fast one.. Undeclared accident etc.

Phone them and explain that she was at fault and you don't wanna claim. I didn't claim and it stayed on record for 5yrs but didn't effect premiums... So they say?
Old 28 December 2011, 12:58 PM
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Leslie
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The teenager in the front of her car would never be regarded as an independent witness and their evidence would be discounted.

Les
Old 28 December 2011, 06:13 PM
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You won't have a problem if she has reversed into you she will be at fault I work as a claims handler for an insurance co. grot on the phone to drive assist and let them handle it for you.
Old 28 December 2011, 07:27 PM
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alcazar
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Neither side wants to claim, she informed her insurers and still insists that my wife was at fault.

There it lies.
Old 29 December 2011, 01:58 PM
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Leslie
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Best left alone then. I expect it will be counted as a no blame,no claim incident.

Les
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