chavadurkin

iTrader: (5)

As per title really.

My other half has damaged her car on a rather high kerb.

It was on an unlit junction near where we live and someone has come around the corner on the wrong side of the road ( so they avoid a pothole ).

She has ripped off the plastic trim from the side of her car ( DS3 ) on the kerb and no contact was made between the vehicles.

She didn't get any details of the driver as he set off up the road at speed, obviously knowing what he had done. But she did say it was a green rover.

If we were to find out who the driver was, would we be able to claim from them for the damage? Or do I have to man up and pay for the repair myself?

Personally I would have let them hit me head on ( very low speeds involved because of the road type and junction. )

Thanks

Chris.

chopperman

If you report it to the police they maybe able to trace the car. Its more likely to be a local car because the road sounds like its off the main roads and it appears they new about the pot hole. I bet there's not many green rovers in that area.

r1c

iTrader: (9)

+1. That leaving the scene of an accident! Report the ****er!

ALi-B

iTrader: (1)

I tend to do this now after kanckering a tyre just because of the above - never tracked the driver down, but I assume even if I did find them, they'd deny any wrong doing. Sucks to be me. I guess if you tracked the driver down they'd do the same - they probably didn't even realise the harm they've caused! And without a 3rd party witness (driver of a another car) you have no chance getting anything to stick.

I know the feeling though, there are a few roads by me where people reguarly cross over onto the wrong side of the road when going round a bend for no reason other than they simply can't drive. Its a bus route and the giant Mercedes bus can go round the bends without crossing the white line. Yet some people don't grasp the idea of how to position a car on the road by using that round thing infront of them. Its usually 4x4s and mock-4x4s/SUVs thats are the culprits. The former (Navarras, L200s, Discoveries, Shoguns etc) because they are driving too fast to take the bend and just don't give a stuff, so cut the apex on right-handers. The latter (Freelanders, quashcows(sp), RAV4s, MPVs, Picassos etc), because they are usually driven by people who can't drive. The same type of drivers also can't turn right into mile-wide junctions without cutting the corner (to meet-head on with anyone aproaching the junction).

These days I stand my ground - I'm driving something a little tougher than a tin-can Subary these days. I keep to my side of the white line but as far over, this give me more space to swerve without hitting the curb should they follow through with playing 'chicken' with me- becuase the more space I leave between me and the white line...the more of that space the oncomming car will straddle it - leaving me with less room to manouver (thats the idea, at least). More importantly, on a left hander, it also allows me to see them and them to see me sooner, so I can make eye contact, to make sure they are paying attention, and 95% they sh*t bricks! slow down, and get back over to their side of the road. The other 5% are yakking to a passenger, preoccupied with the kids in the back seat or on the mobile...they get a hoot of the horn to make them 'aware of my presence'. Works a charm.

Sad it has to come to this, and I was lucky it was just a tyre (bulging side wall - geomtery ok ) But I'm still £150 out of pocket. Some one will inevitably say its better than being in hospital - I beg to differ - they'll get hurt as much as I will so its in their best interest to avoid accident as much as I do. Whereas If it was just me doing the avoiding, not only am I out of pocket, I also have to risk getting hurt by changing a flat tyre on a main road (i.e car could run into the back of mine whilst I'm removing the wheel, or the car falls off the jack etc).

alcazar

iTrader: (2)

You've had it mate, pay up.

the police will NOT be interested, because:
1. no-one was injured.
2. they can't take a photo and just fine the driver by post, and
3. There's no money in it for them.

Gear Head

iTrader: (2)

Technically not, as there was no collision was there.

I think you have no chance whatsoever.

Sorry fella.

Blart

Technically there was an accident!

The definition of an accident in the road traffic act is (edited for correct section)...

Owing to the presence of a vehicle on a road an accident occures whereby damage is caused to vehicle other than that.

Therefore a vehicle has been on the wrong side of the road but on a road never the less, and damage has been caused as a result to another vehicle.

Therefore an accident in the eyes of the law has occured.

There will however be a question of did the other vehicle know that damage had been caused and hence the requirement to stop etc.

Regards

Blart

BTW, a collision does not have to be a collision between two vehicles to be a colision or accident by law.

NormantheDog

No witness, your word against his. You end up having to notify your insurance company of an on going pursuit which stays on your record until you remove it so you get screwed twice!

Pink_Floyd

I had an incident in March '10 with a car transporter. The idiot decided to come along a residential street which was not wide enough. Myself and another car were pulled over to let him pass. He missed the guy in front by an inch and took out the side of my car.

Despite being stationary, having a partial witness who confirmed everything but didn't see the actual contact, a Police report (the other party was interviewed) he denied having any knowledge of it. It took 10 months of cat and mouse to sort out.

I think given with what you've said it's better to get this fixed yourself

his-n-her-scoobs

iTrader: (5)

Similar situation many years (decades) ago. Was driving my wife's Audi coupe on a straight road in the wet. Woman in a Nissan Sunny pulled out from a side road across the front of me (she was turning right). Bit tight but I had enough room to get behind her, on the brakes. She saw me, panicked and stopped in the middle of the road...thanks for that, nowhere for me to go now. Seeing a kiddie seat in the back of the Nissan and not wanting to hit there I managed to swing the car the other way and slide across the front of her (no ABS then). Missed her completely but took the front suspension clean out of the Audi on the kerb on the other side of the road.

Took 2 weeks to get the insurance details from her. Her argument was that as we hadn't actually collided she was not involved. The police took a different view and sent her a producer and provided the insurance details for me.

Unbelievably the insurance company took her view that no collision meant she was not at fault, or even involved. They even paid her some expences for taking her insurance to the Police station!!!!! And wife's insurance went thru the roof next renewal despite protected ncd.

If my experience is anything to go by you are attached to another object by an inclined plane wrapped helically around an axis

chavadurkin

iTrader: (5)

Thanks for all responses guys. Much appreciated.

I managed to get hold of her car this afternoon and I took it into work for a proper look.

Gladly, there ain't much damage.

Plastic trim was hanging off the car and requires some new plastic clips to hold it back on. The rear alloy also quite badly scuffed - so now it matches the other three.

No point in going to police cos as mentioned above, they won't be able to do much. But I will be keeping an eye out for the car whilst on my travels.......

Chris.

Pink_Floyd

Glad it's not too bad mate

A quiet word with the other vehicle's owner might be just as satisfying as billing them for the trim and alloy

BoozyDave

iTrader: (8)

glad it's not too bad

i had a similar thing a few years ago.
i was driving home on a main road (not very wide) and an ambulance was coming the other way. he was passing cars, but the car nearest me coming the other way didn't stop. i had to swerve onto the pavement so the ambulance didn't hit me. i bent 1 alloy and kerbed the other.
i reported it to the police and the next morning i phoned the ambulance station to report it. i got *** all, not even a sorry. the advice i got from the police was, you should have let it hit you!!!!