Do I claim on Insurance ?

BiggieBig

Active Member
Hi Guys,


I was parked up in currys wife and child we're in the car. One of the workers hit my car while trying to park up. (my car was badly parked back of the drivers side was over the white line anoying I know). There's a slight scruff mark to the back wheel arch.

He then drove off and parked somewhere else,
cheekly he walked past my car and was about to enter currys when my wife challanged him, I came out at this time.

At first he insisted he only hit my bumber then he changed it to he only hit my wheel (Then his passenger insisted the scruff mark doesn't match the paint work on his car). He then said that it was my fault because I wasn't parked in my bay at which point my wife said "Well that doesn't mean you can rame your car in how you see fit :clap: "

I asked him for insurance details and he refused he said sort it out yourself, I told him he must provide them by law and that I can call the police he;s response was "call them".

Anyway I made a report to my local police station and gave then all the details.

Now how do I sort the scruff mark it's about 4cm long and only 1-2cm wide so it's very small not very noticeable, my car is a 2 year old 1 series BMW and I like to keep it in good nick. But what do I do:-

1) Claim on insurance it only needs a scruff repair which is a very minor repair. I will be worse off if they say it's 50\50 or it turns out to be my fault.
2) Forget about the repair and just live with it
3) Get it done myself with one of those mobile repair vans
4) Get it done myself and send his insurance company the bill. (Is this possible)
 

Knarky

Standard Member
Not sure why you're asking on this forum, but I'd have a chat with the store manager about his staff i.e. try and get him to have a word about paying up outside insurance and if not write to Curry's on the basis that he represents their business.

Whilst it's your word against his, a visit from an insurance bod ought to be able to work out if the damage to his car was caused by driving into yours. If you believe you are right, go through insurance because it should be a no fault claim and of no cost to you. If you are proven correct the other person would have to pay up your excess fee etc... However, these things take ages.

If all else fails I know what I'd do, but that's not for discussion here.
 

scouse258

Banned
i always found the throwing of terps over the car in question very satisfying - especially when the paint bubbles!
 
get in touch with currys head office,with full details of incident time and vehicle reg plates, i work in a supermarket and in all instances when a "company delivery vehicle" has hit a car in a car park, weve paid out.

actauly on re reading do you mean a normal member of staff arrived to work in his own car? that said even so, take it to there manager/head office
 

John

Moderator
I was always under the impression that if you hit a stationary car , then you are at fault , regardless off how the car was parked . Its up to you to avoid it .

Could the damage T-cut out ?
 

BiggieBig

Active Member
get in touch with currys head office,with full details of incident time and vehicle reg plates, i work in a supermarket and in all instances when a "company delivery vehicle" has hit a car in a car park, weve paid out.

actauly on re reading do you mean a normal member of staff arrived to work in his own car? that said even so, take it to there manager/head office

tnks I might try that, sending them a letter or something, it was a one of the workers private vehicle.
 

BiggieBig

Active Member
I was always under the impression that if you hit a stationary car , then you are at fault , regardless off how the car was parked . Its up to you to avoid it .

Could the damage T-cut out ?

You could be right about hitting a stationary car. I may be able to polish it out slightly but it's a little deep so will always be visible.
 

Kwman

Well-known Member
You could be right about hitting a stationary car. I may be able to polish it out slightly but it's a little deep so will always be visible.

I second that, I believe also that if a car is stationary and you hit it you are in the wrong.

Insurance company should be able to sort it out, and its not worth claiming unless you know for sure its going through the 3rd party or your insurance premium will go up next year.
 

Tsunami

Active Member
Unless he was driving a Curry's vehicle it has nowt to do with them. If he was get in touch with them.

As it was in a car park it is not considered a "road" under the RTA unless the car park can be used as some kind of short cut between other roads. The police may ask the other guy to give you his insurance details (but I'd be a bit surprised if they did - see RTA bit). I'd certainly ask them to assist.

If you are Comp I'd imagine the repair bill will be similar to your excess; I therefore wouldn't claim under your policy unless you have a high excess or protected bonus. If you do claim & assuming you have his reg number your insurer can do a MID trace to see if he has insurance & who they are. A claim can then be directed against them. This may or may not suceed.

In the absence of independent witnesses & without his insurance details you may be forced to take SCC action to try & recover your loss if you wish to pursue him (assuming you have his address).

I'd suggest that you:

Contact Curry's if it was their vehicle & involve your insurer. If not:

Contact the police to see if they can give insurance details (& his address if you don't have it)

Get an estimate for repair

Invite him to deal or involve his insurer. If he refuses:

Depending on the cost of repair/ your NCB then either pay for repairs yourself of go through your insurer.

You are in no way at fault; your problem is proving that he actually damaged your car as, if his defense is that there was no contact at all your claim would rely totally upon your wife being able to convince his insurer/ a court that there was. As the Claimant this can be a very difficult obstacle.
 

BiggieBig

Active Member
many thks for your response some very good points there,

I will have a think and decide what to do.
 

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