Accident question

[don_1]

My brother was using my car and was involved in an accident (hes insured as the second driver on my policy) and he damaged my car, but he wont pay for the damges to my car .

The accident happened in a car park, so BOTH cars were driving at around 5 MPH, as the other driver was in a one way road and the road was narrow.

He said it was the other sides fault and that he didn't know or hear that the 3rd party had hit the car till he got home and saw it, as he hd the CD Player on. He ONLY saw the side mirror go in when the other car hit my car, so he carried on going.

Is it illegal to have your music to loud or is it ok?

Is it possible that when you have an accident you don't know until you go home and suddenly see it?

The damage was only bit- the paint has come off from the passenger side door but it's going to cost me £100 to repair it.

Thanks

[southwell]

If it was me i would take him off my policy unless he paid up, accidents happen but surely he has to take some liability. I doubt he didn't hear/feel it, unless he caused it and drove off....it's not the fact the damage happened, it's the fact it happened when he was driving.

[AndyCambs]

You do have another problem inasmuch that as far as I can ascertain - no-one exchanged names and addresses, which they should have done after an accident.

You might find it possible that the other person managed to get the registration number, and a claim will be made.

[don_1]

Originally Posted by southwell

If it was me i would take him off my policy unless he paid up, accidents happen but surely he has to take some liability. I doubt he didn't hear/feel it, unless he caused it and drove off....it's not the fact the damage happened, it's the fact it happened when he was driving.

Thanks for the reply mate.

So you think he should have heard it even if both cars were at 5mph and he had his CD player on?

---------- Post added at 15:37 ---------- Previous post was at 15:36 ----------

Originally Posted by AndyCambs

You do have another problem inasmuch that as far as I can ascertain - no-one exchanged names and addresses, which they should have done after an accident.

You might find it possible that the other person managed to get the registration number, and a claim will be made.

Can they claim, even if he/she is in the wrong and if they have my car details?

[southwell]

Originally Posted by don_1

Thanks for the reply mate.

So you think he should have heard it even if both cars were at 5mph and he had his CD player on?

---------- Post added at 15:37 ---------- Previous post was at 15:36 ----------



Can they claim, even if he/she is in the wron if they have my details?

Well they can go through insurance and you will get notified, then it will be up to them what happens. Ive had a small scrape before and heard it, so unless his stereo was up full blast then i would expect to hear it. He should of seen them too, being that close.
The fact he didn't stop could go against him, did the other car stop?

[don_1]

Originally Posted by southwell

Well they can go through insurance and you will get notified, then it will be up to them what happens. Ive had a small scrape before and heard it, so unless his stereo was up full blast then i would expect to hear it. He should of seen them too, being that close.
The fact he didn't stop could go against him, did the other car stop?

He doesn't know if the other car stopped. Also the accident happened at 7pm, so it was dark.

[Rob]

They can certainly try to claim. Whether or not the claim would be successful would depend on he facts.

Just because once driver says it was the other's fault, doesn't always mean they are right.

[don_1]

Originally Posted by Rob

They can certainly try to claim. Whether or not the claim would be successful would depend on he facts.

Just because once driver says it was the other's fault, doesn't always mean they are right.

So if both parties think it's each others fault, does it go all the way to court? (I've never been involved in an accident *touch wood* so I don't know).

[southwell]

They could just decide it's knock for knock so both are to blame, it's 50/50.

[Charlie_Bubble]

I'd be taking your brother off your car insurance if I were you. Sound slike he's not responsible enough to be driving your car around. If he was driving it and damaged it, he should pay. Personally, I think he's not telling you the whole truth as the whole story doesn't add up.

[don_1]

Originally Posted by southwell

They could just decide it's knock for knock so both are to blame, it's 50/50.

So if it goes 50/50 do I lose my NCB?

---------- Post added at 15:49 ---------- Previous post was at 15:48 ----------

Originally Posted by Charlie_Bubble

I'd be taking your brother off your car insurance if I were you. Sound slike he's not responsible enough to be driving your car around. If he was driving it and damaged it, he should pay. Personally, I think he's not telling you the whole truth as the whole story doesn't add up.

What do you think is not adding up, as im really confused here, dunno if he's saying the truth.

[Charlie_Bubble]

Originally Posted by southwell

They could just decide it's knock for knock so both are to blame, it's 50/50.

Probably would be. My dad had a wing mirror broken by another car once and it was 50/50.

[southwell]

Originally Posted by don_1

So if its goes 50/50 do I lose my NCB?

They not protected? Or haven't you been driving that long?

I think the fact you haven't received a call from your insurance company means the other party haven't reported it.

[Charlie_Bubble]

Originally Posted by don_1

So if its goes 50/50 do I lose my NCB?

---------- Post added at 15:49 ---------- Previous post was at 15:48 ----------



What do you think is not adding up, as im really confused, dunno if he's saying the truth.

You'd only lose your NCB if you claim on your insurance or the other driver successfully claims off your insurance.

[Chris]

There's nothing illegal about loud music unless it's causing a nuisance or impairing someone's ability to drive safely (sounds like it might have been in this case, but no-one's going to try to prove it).

It's very unlikely that the other party will try to track you down on the basis of a minor scrape in a car park. The police won't be interested because it wasn't on the public highway. Both you, and the other driver, have more to lose by contacting your insurers and losing no-claims bonuses than you do by coughing up for the repairs yourselves.

It's sickening when it hits you in the pocket, but these things happen. It's happened to me often enough in the past. Just one of the joys of car ownership.

However one thing you shouldn't have to put up with is your brother refusing to pay up. He was in charge of the car at the time; regardless of who he thinks was at fault, it most certainly was not your fault, so there is no way he should be leaving you to pick up the tab. Presumably he's never been responsible for his own car so he doesn't understand the concept of uninsured loss. The thing is, unless your insurer is insanely generous you probably aren't covered for at least the first £100 of the repairs anyway, so even if they had exchanged details there would still be £100 to pay. Again, in those circumstances there is next to no chance of establishing fault unless the other driver is prepared to admit it (which is rare) so your insurer wouldn't even be bothering to try to get that £100 excess from the third-party insurer.

Bottom line: tell your brother that he either pays up, within a week, or his name comes off the policy and you deny him access to your car. That's what I'd do. And I'd go through with it as well. He is being very immature about this. Time he grew up and accepted the responsibility instead of whingeing that it's not his fault, or not fair.