motoring accident

[sarra1232001]

my car was stationary on double yellow lines.this other car hit my car bumper and failed to stop.i followed the car and eventually got her to stop.she refused to give her details and i called the police.police proved to her she did hit my car and was at fault for not stopping and gave me crime number .she refuses to pay up.am i at fault or is she. i have not told my insurance company yet.please advice asap

[Ethel]

This is what you pay your insurance company for.

You are obliged under the terms and conditions of your policy to notify them of any accident, regardless of fault or intention to claim from the company.

She is clearly at fault. Where you sat in the car at the time?

[sarra1232001]

yes me and my 2 kids were sat in car the car engine was runing. i did ask the police to arrest her but they did not.she was very rude to me and my kids.she refused to agnolige she hit my car and stopped at her reached destination. all she was saying u were parked on yellow lines and its not my fault.

[fairkatrina]

The police had no grounds to arrest her, however rude you felt she was being to you. It is her fault for hitting your car, no matter where it was parked, and although you shouldn't be stopped on double yellows and should have a damn good reason why you were (answering a phone doesn't count!) the fact that you were in the car negates this. Give the crime number to your insurance company asap.

[sarra1232001]

thanks will do cheers

[chakka35]

I am surprised that the police were interested. I had always believed that the police were involved only when there had been injury or a crime involved. Ordinary car damage is a civil matter.

[sarra1232001]

they came out due 2 her refusing to stop at scene of crime.hit n run.police could hear her shouting in back ground and children were presant

[Yorkie580]

Police get called to a lot of accidents where one party is refusing to give details, or a fight is believed to be pending or because one party is alleging the other party is drunk.

Usually everything calms down on police arrival and details are exchanged. If it's damage-only with no other offences a report doesn't have to be reported and it's left to insurance companies.

[Grunty]

chakka35 is wrong, as are thousands of others. The police can be involved in any accident that comes to their attention. Drivers have duties in respect of an accident if there is injury to any other person, or damage to any other vehicle, or injury to an animal or damage to roadside property. The driver in those circumstances has a duty to stop and give details, usually to the other driver. In the case of injury, a certificate of insurance must be produced. If these things are not done, the driver must report the accident to the police as soon as reasonably practicable, and in any case within 24 hours. This is very much an over-simplification of the law.

You should not worry about the double yellow lines. What would be the position if it had been a child instead of your car? The woman seems to have committed two offences, careless driving and failing to stop & give details. The word 'crime' is out of place here and usually refers to an offence that can be tried at a higher court.

[sarra1232001]

very gud advice Grunty
thank you have a merry christmas and a happy new year to all.
her brother has agreed to pay 4 repairs to car.
am not going to bother reporting to insurance company,
az its being sorted.

[Mrs_Pegasus]

sarra, can I advise that you get 3 quotes for the work, ask for the quotes to be made out to the woman and a copy sent to her address. Then give her 7 days to make a decision which garage to use. Ensure that she is named as the person responsible for the debt and that the garage cannot hold the car until the bill is paid!

The reason i say this is because I was once persuaded to have the repairs done without going through someones insurance company. Once I agreed, I was then sent a solicitors letter saying I had to get 3 quotes and then let the other person agree where to have the work done. However, they initially refused to pay the bill and the garage would have kept the car until the bill was paid. Fortunately, it was sorted but it took a number of days and a solicitors letter from me (which she then had to pay for). I would never agree to this ever again and would always insist on the insurance company dealing with it. Be Careful!

[Yorkie580]

If you're not going to notify the insurance company then make sure that the other party doesn't and that you don't mention it later - if the insurance company find out that you haven't reported the accident it could invalidate your insurance.

You should technically tell them even thjough you're not involving them - it won't add to your insurance because you're not claiming and you're not at fault.

[indie_chick5]

You could seek help from citizen's advise breueau (sorry can't spell that word) or threaten with a small claims court.

She hit you whilst your car was stationary. That means that no matter where you were, she is in the wrong. If you were causing an obstruction you made find it difficult to argue that she owes you. However, it seems you were in your car when she hit so I don't see how you were causing an obstruction.

It doesn't help your case that you were on double yellows but I'm not gonna lecture you. Perhaps the small claims court can help, or citizen's advise. I'm only 20 and been driving for a couple of years but I hope this helps.

[bigmango]

At the time of the accident, what you did was correct. The Police attended, firstly to prevent a breach of the peace and secondly because the other driver had failed to stop after the accident. This in its self is a road traffic offence and the police should have dealt with it accordingly i.e. reporting the other driver for the offence. Issuing you with a 'crime no' seems very strange as no crime has been committed.

Regardless, if the son is prepared to pay for the repairs, have them done. If however they fail to pay after the repairs are completed you can always take out a summons from the small claims court. This costs a small percentage of the actual amount being claimed. You can always call the police as witnesses as the officers number will be on the report they gave you.

[sarra1232001]

i agreed to go to garage of they choice.turns out garage owner is same guy who i normaly get my car mot, repairs done from.
so we persanaly both now the gentle man repairing my car.
the garage are aware that he is paying them and not me.garage owner has agreed to this.
must say i am worried about not telling my insurance company.i feel guilty.but then same time i feel that if i tell then am betraying him becouse ave agreed to get work carried out private.if his sisters any thing to go buy.then i want to tell insurance company.but i have a feeling he is paying the bills for his sister,am totaly confused.police have details and i did give them my insurance company name.do u think police may tell my insurance company?
damage to my car only worth �200.00
also they have my home address wot if i tell insurance company and they try some thing doggy!

[Mrs_Pegasus]

Like I said in my reply, in hindsight I would have pulled the plug on the private arrangement and gone straight to my insurance company. Insurance companies normally give you a recommended repairer which protects them and you, so in the event of the repair not being carried out correctly and causing a further accident they would be able to sue the repairer. However, the person who hit you may have a high excess on their insurance i.e. more than �200 and there is a chance that their insurance company would not be involved anyway. Why not give your insurance a call and find out what they have to say about your arrangement. Tell the other party you have been advised to notify them.

[sarra1232001]

yes i think thats wot am gona do.

[bigmango]

If you have agreed to a 'private arrangement, then don't worry. If you tell the Ins. Co. They will put it down on your record as a claim although yoou havbe made none and it could affect your no claims. There is no problem with this.