Minor Bump - Insurance?

[andy-hughes]

Today, backing out of a space at a motorway services, I clipped the back wing of another car.

There is no damage to my car, and I honestly can't see any damage to the other vehicle, but the driver insisted on exchanging numbers.

I have offered to settle her bill privately, but she wants to go through insurance, i think she sees a whole replacement wing for what is, at best, a small scuff.

So, do I have to alert my insurance? Are they obliged to pay and hammer my no-claims?

Does the fact that we were on private land have any bearing?

There are CCTV's - can her insurance company request footage?

Any other advice appreciated.

Thanks.

[naomi24]

You were in a public car park. You were reversing so you are responsible. Notify your insurers.

[douglas9401]

Modern cars are easily damaged below their shiny exteriors so:

Yes
No
Yes, but they won't.

I'd suggest reverse parking in future.

[ladybirder]

Did you take a photo of the damage?

[New Judge]

//So, do I have to alert my insurance?

Yes. The terms & Conditions of your policy will almost certainly say that you must.

//Are they obliged to pay and hammer my no-claims?//

If you settle the bill for damage yourself they will not have to. However, be warned that such action often ends in tears. You can already see that the Third Party is upping the ante. Your insurers will be wise to this and should not pay for more work/materials than is necessary.

//Does the fact that we were on private land have any bearing?//

None whatsoever. There are two aspects. Firstly, a motorway service area may be privately owned but it qualifies as a "public place" for purposes of the Road Traffic Act. This means that many of the provisions of the RTA (for example, compulsory insurance) apply. Section 143 of the RTA:

"A person must not use a motor vehicle on a road ***or other public place*** unless there is in force in relation to the use of the vehicle by that person such a policy of insurance as complies with the requirements of this Part of this Act..."

However, that is really beside the point. Even if the incident occurred on completely private land (or if he was in a public place but uninsured) a driver causing damage to another vehicle is still liable to meet the cost of repairing that damage, insured or not.

[andy-hughes]

Thanks all, specifically NJ for your standard expert advice.

[naomi24]

You might find the other driver claims for injury too. Some do tend to milk it. In minor incidents whiplash is the standard.

[douglas9401]

https://www.gov.uk/government/news/over-1-billion-savings-for-motorists-as-whiplash-reforms-come-into-force

[andy-hughes]

Naomi - If she thinks she can go down that route, I suspect she will be laughed at!

We were parked next to each other, I couldn't have hit hit her that hard if I wanted to!

[naomi24]

Don’t be so sure, AH. Your insurers only have your word and her word - and you’re at fault. I’ve been in a similar situation but I wasn’t parked next to her - she came round a blind corner as I was reversing out. A minor bump but she claimed for what could only have been pre-existing damage to her car. Her front bumper was in a terrible state. And she claimed whiplash! No damage whatsoever to my car. Not a scratch! Read Douglas’s link. I hope the new plans are working.

[andy-hughes]

naomi - // I’ve been in a similar situation but I wasn’t parked next to her - she came round a blind corner as I was reversing out. //

I would have to say that yours is not a 'similar situation'.

Out on the road, there is endless scope for suggesting circumstances, speeds, angles and so on, which could in theory have led to whiplash.

When one car is reversing out of a parking bay and clips the adjacent car, an impact sufficient to cause whiplash is simply not physically possible, and could not for one moment be accepted in a claim, so I remain unconcerned that such a claim would be entertained by my insurance company.

If it happens, I will let you know, and be happy to stand corrected.

[naomi24]

It doesn’t matter. You were reversing. You were culpable. That’s how it works. That’s it;

[andy-hughes]

I am not denying responsibility, merely pointing out that s whiplash claim is unlikely to be entertained.

[bhg481]

It just shows how important it is to have front and rear facing cameras fitted to cars nowadays. People can lie as much as they like but a camera will show exactly how the accident happened and how much the other vehicle jerks. If you get the optional GPS module it can show road speed as well.

[naomi24]

//People can lie as much as they like //

Precisely - and if it results in screwing a bit more money out of an insurance company, they very often do.

[andy-hughes]

People can lie, but the scenario still has to be feasible, hence no whiplash claim in my situation.