QuestionQUESTION: Hi
I live in a cul de sac and on Friday I was reversed off my driveway and was pointing towards the exit of the cul de sac and was sationery in the middle of the cul de sac when the lady from the house behind where I was positioned. Reversed off her driveway and caught the corner of my car as she came off at an angle and scrapped all down the side of hers. My car is made of fibreglass so the fibreglass was smashed and bits remain in the cul de sac where she has hit me.
I phoned my insurance to tell them my neighbour had hit me and they told me that she is liable. She even said to me I didnt see you. I have had my car inspected and my insurance are going to repair at the cost of 6,000 pounds, and then claim the money back from her insurance. Now today her insurance company called asking to view my car to which I asked why as my own insurance are dealing with it and going to claim the money back. Then the lady said just to make you aware that the person who hit you has filed a report saying that we hit each other and it was 50/50. which is false. I have taken pictures off where my car was hit and the damage on both cars. What will happen now? I was on the road she was reversing off the drive. I was stationery when she hit me.
I have full no claims bonus for over 11 years and now I am worried that I may lose it.
ANSWER: I would allow your insurance company to handle the matter. If you were stationary and within what would be considered a normal position on the roadway, the collision will be the fault of the other party. However, if there is an agreement between the insurance companies that says otherwise, you can challenge that in small claims court. A court decision is binding on the other party and their insurance company.
Witnesses will help prove your case, but photos alone may not be conclusive in court. If the other party is saying that you were moving at the time, it will come down to your word against hers.
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QUESTION: Will the damage on the vehicles not prove who hit who?
If I was reversing the damage would be to the rear of the car but as I was straight on the cul de sac and she reversed she clipped the edge of my bumper hence going down the side of her vehicle.
AnswerSorry, but there is no methodology that can determine what you would like to hear. You could have been backing into her---with her being stationary---and made the identical damage to your car. It's all what you can PROVE that makes a difference and it appears you don't have enough facts to support your case to win.
