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[SMD]

As some of you may remember, my mig was hit by a van last week while it was parked and I was not present. It was a company car and the time I got there the driver was not there (it was his last day apparently, don't know if that was due to the accident) but his colleague accepted full liability and exchanged details. Called him yesterday and he said his fleet manager filled and submitted a claim form. I just got off the phone to the 3rd party insurer who informed me that no claim had been reported and to email them with a description with what happened (which I have just done) and they will be in touch.

I was parked close to the entrance to their business premises (legally) and there was a dropped kerb about a metre and a half past my car for their vehicles to enter. My main concern is they will argue I was parked on the dropped kerb and I didn't take pictures to prove otherwise, although I pointed this out to the colleague of the driver and he accepted.

Thoughts ?

[Crazycarzowner]

If your car was parked legally, end of, no arguments. If someone hits it its their fault, take no $h1t from either them or their insurance company. My Misses had a car written off by a White van man pulling out of a side street. Their fleet manager tried all sorts to get out of informing the insurers. Even wanted to take it to a back street garage to have some dodgy repairs done so they didn't have to own up to them.

[Lazydocker]

Chances are, if the damage isn't too great, that they will want to settle it without going through insurance anyway... Fleet policies are expensive enough as it is

[SMD]

I email the fleet manager yesterday, no reply from him yet. Initially I thought the damage was limited to the bumper and indicator but on closer inspection I noticed that the wing is also scratched and started to rust 

[Godders]

It doesn't matter whether your car was parked on or off the dropped kurb. If it is worse case scenario, and I am playing devil's advocate here, and they say that you were parked on the dropped kurb means that you may have been blocking the entrance or exit but that doesn't give them the right to hit your vehicle. It maybe mitigating circumstances as to why it happened but at the end of the day your car was parked and not moving and they should have taken steps to locate you to move the car and not to take the law into their own hands.
I am an ex police Sgt with best part of 17 years in the job and we always had calls about vehicles blocking drives etc. but you are limited in what you can do and the law isn't of much use as it mainly concerns blocking road and highways etc., and his business premises is neither of them.
Did you get the drivers name of the vehicle as this could also be relevant regarding the companies insurance.
But in my view, report the matter to your insurance company giving the details othat you have been given and let them get on with it (I'm sure you pay them enough money....let 'em earn it).
I personally don't think you have any problem and let the fleet manager know that if you don't hear from him within 24 hours then yur insurance company will get the ball rolling from your side.
Good luck

[Andy B]

..... and we always had calls about vehicles blocking drives etc. but you are limited in what you can do and the law isn't of much use as it mainly concerns blocking road and highways etc., ......

The week before last, my Dad came out of his house to find a car parked across his drive  but as it was late & he'd nowhere he needed to drive to let it be. The following morning it was still there! He had an appointment at 11am so tried to find out whose car it was .......... various phone calls later, the car was still there. So he called the police. A very short time later a traffic cop arrived - just happened to be passing - who there & then called a local recovery firm that came with a flat bed recovery wagon & the offending car was swiftly taken away.  Result!

[SMD]

Just wat to stress the point that in no way was I blocking anyone. As I said there was over a metre from the back of my car to the dropped kerb.

Is it common to deal with 3rd party insurers directly? I always thought insurance companies only deal with one another.

[Entwood]

Just wat to stress the point that in no way was I blocking anyone. As I said there was over a metre from the back of my car to the dropped kerb.

Is it common to deal with 3rd party insurers directly? I always thought insurance companies only deal with one another.

It is your choice as the aggrieved party .. you do NOT have to go through your insurers .... although you must inform them of what happened ... informing them does NOT mean making a claim.

I have done this successfully a few times when struck by 3rd parties who admit the fault ... they have all run into the back of me whilst I was stationary .. which makes it pretty difficulty not to be their fault !!

[SMD]

Thanks Entwood, and for your advice in the other thread. I must have spoken to a jobsworth on Monday who said they will only deal with my insurance co.

[Kevin Wood]

Thanks Entwood, and for your advice in the other thread. I must have spoken to a jobsworth on Monday who said they will only deal with my insurance co.

They always say that at first. Follow it up with a letter stating what happened, that you consider them / their customer solely responsible for your loss, what you expect from them and when.

[Godders]

I wasn't saying that you were blocking anybody and I apologise if you have felt that I did. I was trying to explain that even if the other party was using the excuse of you being on the dropped kurb, (which was your concern), it does not take away the blame from the driver of the other vehicle who is clearly at fault.
I wish you well and hope that you get it resolved sooner rather than later without too much hassle.

[Entwood]

Thanks Entwood, and for your advice in the other thread. I must have spoken to a jobsworth on Monday who said they will only deal with my insurance co.

Just ask them to confirm, in writing, that they will only do that, as you require a copy to put with your submission to the County Court. Then watch them back pedal. 

[Dishevelled Den]

.../// the time I got there the driver was not there (it was his last day apparently, don't know if that was due to the accident) but his colleague accepted full liability and exchanged details. Called him yesterday and he said his fleet manager filled and submitted a claim form.///...

These circumstances may well prove to be the complicating factor in view of the absence of the driver alleged to have caused the damage, a third party (not being the driver) accepting responsibility for it and the suggestion that the matter has been reported to the 'Fleet Manager'.

There are too many loose ends here as far as I would be concerned to be confident that this was going to be a straightforward matter to have resolved in the absence of much ballicking about.

I would re-visit the scene, take photographs of where your car was situated and of the relative position to the entrance of the premises concerned, make a fully detailed accident report to your own insurance company giving the name of the person accepting responsibility for the damage caused and ask them for their views.

Thinking about it, how any person can accept responsibility for the actions of others - especially where damage has been caused in circumstances where traffic offences may have been committed by the driver of the vehicle - may well depend on obtaining a full statement of facts from that third party for this to afford any traction whatever.

At best this third party is a witness to the incident unless he/she played an active part in its development - such as guiding the driver of the car around an obstruction or actively doing something to cause the driver to lose control of the vehicle resulting in the circumstances we see here.

In the circumstances - providing there is no possibility of self-incrimination - a report to the local Peelers may also be of help.

[SMD]

I wasn't saying that you were blocking anybody and I apologise if you have felt that I did. I was trying to explain that even if the other party was using the excuse of you being on the dropped kurb, (which was your concern), it does not take away the blame from the driver of the other vehicle who is clearly at fault.

No need to apologise, I know what you meant 

Den, I think what happened was after the accident the driver told his superior, the "3rd party" who accepted his driver was to blame. He has been pretty helpful so far but I can see your point though and I hope you are wrong.

http://maps.google.co.uk/maps?hl=en&client=firefox-a&hs=RXv&rls=org.mozilla:en-GB:official&channel=np&bav=on.2,or.r_gc.r_pw.r_qf.,cf.osb&biw=1280&bih=707&q=cody+road&um=1&ie=UTF-8&hq=&hnear=0x47d8a7f8b8ef8787:0x2e1cefec21203ba9,Cody+Rd,+London+Borough+of+Newham,+London+E16&gl=uk&sa=X&ei=UgoHUI-9N8qX0QXh9s3EDQ&ved=0CAoQ8gEwAQ

This is the location of the incident. If you go to street view just past Speedy Hire you will see a blue Focus. This is where I was and had a similar gap to the dropped kerb.

[Dishevelled Den]

I wasn't saying that you were blocking anybody and I apologise if you have felt that I did. I was trying to explain that even if the other party was using the excuse of you being on the dropped kurb, (which was your concern), it does not take away the blame from the driver of the other vehicle who is clearly at fault.

No need to apologise, I know what you meant 

Den, I think what happened was after the accident the driver told his superior, the "3rd party" who accepted his driver was to blame. He has been pretty helpful so far but I can see your point though and I hope you are wrong.

http://maps.google.co.uk/maps?hl=en&client=firefox-a&hs=RXv&rls=org.mozilla:en-GB:official&channel=np&bav=on.2,or.r_gc.r_pw.r_qf.,cf.osb&biw=1280&bih=707&q=cody+road&um=1&ie=UTF-8&hq=&hnear=0x47d8a7f8b8ef8787:0x2e1cefec21203ba9,Cody+Rd,+London+Borough+of+Newham,+London+E16&gl=uk&sa=X&ei=UgoHUI-9N8qX0QXh9s3EDQ&ved=0CAoQ8gEwAQ

This is the location of the incident. If you go to street view just past Speedy Hire you will see a blue Focus. This is where I was and had a similar gap to the dropped kerb.

Looking at street view it would be reasonable to expect vehicles entering and exiting those premises to use the area afforded by the lowered kerb - whether or not that right has any basis in law or not depends on who installed the lowered kerb and for what reason, so you may be on safe enough ground there; even allowing for the physical dimensions of the entrance to reach beyond the boundary of the lowered kerb towards where your car was parked.

As you have been in contact with the Fleet Manager/superior and have received some measure of help form him only you can tell whether or not pushing the matter any further will be of benefit to you – a difficult assessment to make given the circumstances of the absent driver, the report of his colleague and the passage of time.

As this may well go further than you wish in the legal sense – with you being obliged to make all the running, I would be inclined to report the damage caused to your vehicle to the police – giving them all the details obviously and also speak to your own insurers about it.