1. Visiting from the US? Why not try DIYnot.US instead? Click here to continue to DIYnot.US.
    Dismiss Notice

Car crash - claiming for expenses

Discussion in 'General Discussion' started by phatboy, 10 Feb 2015.

  1. phatboy

    phatboy

    Joined:
    22 Jan 2012
    Messages:
    2,194
    Thanks Received:
    259
    Location:
    Jersey
    Country:
    United Kingdom
    Hi all,

    At the weekend someone crashed into my car in a multi-storey car park, and drove off without leaving a note or informing the Police.

    Fortunately, there was CCTV in the car park and the Police were able to see the collision and the number plate. They contacted the woman, and she contacted me.

    We have agreed that if the cost of the repair work isn't 'too much' they will deal with it without the need to involve insurers (Best for both of us, as I know a no fault claim still counts against me).

    I spent 2 1/2 hours yesterday at the Police station to make my statement, and as a consequence had to make up the time at work. I will also be inconvenienced by spending my time going to garages to get repair quotes, and then taking my car to the chosen garage for repair, and likely being provided a loan car that is not suitable for our family needs, and which my wife will not want to drive (Fairly new driver).

    Is it reasonable for me to also request that the person who hit my car contributes to these losses and inconveniences I have experienced?

    If they had left a note or reported it I would not be minded to ask as accidents happen to us all. But they drove off probably hoping to get away with it.

    We always have the option of going via insurance, and letting the legal cover take care of this, but I don't want to unless I have to really.

    Any opinions greatly appreciated!
     
  2. Sponsored Links
  3. RNReindeer

    RNReindeer

    Joined:
    10 Sep 2014
    Messages:
    673
    Thanks Received:
    4
    Country:
    France
    Morally, you may be right, but pragmatically, if you hike the private arrangement too high, the other party might justifiably decide to involve the insurance companies.
     
  4. Dextraneous

    Dextraneous

    Joined:
    23 Jun 2013
    Messages:
    2,617
    Thanks Received:
    81
    Location:
    Manchester
    Country:
    United Kingdom
    Talk to her again and suggest that she does all the legwork and supplies you with a hire car.
     
  5. JBR

    JBR

    Joined:
    9 Jan 2007
    Messages:
    8,994
    Thanks Received:
    394
    Location:
    Cheshire
    Country:
    United Kingdom
    As far as I am aware, being involved in an accident (or worse, causing it) and driving off without informing the police or attempting to inform the owner of the damaged vehicle is against the law.

    I believe the police should be taking some sort of action, although I can't say I'm surprised that they didn't bother.

    I have been involved in a couple of not-at-fault accidents, and have not been penalised by my insurers. Be honest. Tell your insurance company and claim for your losses.
     
  6. handyjack

    handyjack

    Joined:
    12 Feb 2014
    Messages:
    1,347
    Thanks Received:
    156
    Country:
    United Kingdom
    Are you not in default if you withhold this information from your insurer? Just a thought.
     
  7. RNReindeer

    RNReindeer

    Joined:
    10 Sep 2014
    Messages:
    673
    Thanks Received:
    4
    Country:
    France
    I thought it only applied if an injury has occurred.
    I might be wrong. I wouldn't put money on it.
    And not informing the owner may be just a civil offence. Again I wouldn't put money on it, just a suspicion.
     
  8. handyjack

    handyjack

    Joined:
    12 Feb 2014
    Messages:
    1,347
    Thanks Received:
    156
    Country:
    United Kingdom
    If a road traffic accident/collision happened on a road or a public place and the other driver failed to stop or there are injuries then you have to report the accident to the police.
    http://www.thamesvalley.police.uk/faq-answer?id=Q660
     
  9. jockscott

    jockscott

    Joined:
    14 May 2013
    Messages:
    2,179
    Thanks Received:
    99
    Location:
    East Lothian
    Country:
    United Kingdom
    I also thought that leaving the scene of an accident without leaving details only applied on public roads too (not on private land or in car parks.
     
  10. Sponsored Links
  11. handyjack

    handyjack

    Joined:
    12 Feb 2014
    Messages:
    1,347
    Thanks Received:
    156
    Country:
    United Kingdom
    Most car parks are public places, as is anywhere the public have a right to access. Public car park!

    Private land and private car parks where no injury occurs is different.
     
  12. phatboy

    phatboy

    Joined:
    22 Jan 2012
    Messages:
    2,194
    Thanks Received:
    259
    Location:
    Jersey
    Country:
    United Kingdom
    Thanks guys,

    I was advised that legally it is not considered as a road, so no motoring-specific offense can be brought. However a charge of malicious damage or failing to stop and report damage to 3rd party property.

    I am not sure on not reporting it to my insurer actually. Until this afternoon I didn't know who has hit me, so was and had no plan to claim against my own insurance, so was just going to buy the replacement parts and live with the scratches (tight on cash at the moment).

    Part of me wants to just put it through the insurance and claim my expenses, but I am concerned my premium will rise through no fault of my own, and also the dealership my car came from told me my insurer won't let them do the work. I would really rather they did it, and I feel it should be my right to choose the repairer. I do not think much of the approved repairer.

    Thanks for the input so far!
     
  13. handyjack

    handyjack

    Joined:
    12 Feb 2014
    Messages:
    1,347
    Thanks Received:
    156
    Country:
    United Kingdom
    Is your car still under warranty?
     
  14. phatboy

    phatboy

    Joined:
    22 Jan 2012
    Messages:
    2,194
    Thanks Received:
    259
    Location:
    Jersey
    Country:
    United Kingdom
    Yes it is, it's just over 2 years old.
     
  15. You have an admission of guilt from the other party.

    Tell you insurers and let hem deal with it - that's what you pay them to do!
     
  16. cajar

    cajar

    Joined:
    12 Mar 2011
    Messages:
    1,720
    Thanks Received:
    135
    Location:
    Glasgow
    Country:
    United Kingdom
    The woman tried to make off after denting your car. There is no way in hell she's going to wear 'a bit extra' for 'compensation for time off work' etc. If you try that she'll tell you to claim the insurance.

    She's motivated solely by self interest. I would suggest you'd be able to get her to pay for the damage if you frame it round the fact it'll cost her less than going through the insurance, then, when it's settled and the times right, raise a case for civil damages against her after that, on the strength of her admission of liability.
     
  17. noseall

    noseall

    Joined:
    2 Feb 2006
    Messages:
    43,486
    Thanks Received:
    2,685
    Location:
    Staffordshire
    Country:
    United Kingdom
    It is highly likely that once the money has been accepted then legally, both parties will consider the matter settled.
     
Loading...

Share This Page