Accident question

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crilley

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Have a question about a small accident my sister had. She was reversing out a parking bay (Car guard was guiding her), and a young guy tried to drive past behind her quickly instead of waiting. The spare tire mounted on the back of the car hit his door (minor dent) as he tried to slip past. This young guy didn't give her any of his details. He didn't take down her license plate number or ID number. All he asked was her name and number. Then he sped off. He didn't report it to the police either, I don't think.

Then sister gets a note in the mail from his insurers saying she is liable fro negligent driving, and asking for 6k in damages. (Stuff that didn't even happen. Like wing mirror replacement , indicator replacement etc.) Now it seems to me this was his fault, as he didn't have patience to wait. Also, the whole thing is sort of null and void anyway, because he didn't take down her license number. Or her ID number. And she didn't get any of his details either because he was in such a hurry to get away. I reckon he wasn't insured to drive and now his parents have filed or something.

Question is, is my sister liable at all? When no details were taken down? Is this just the insurers trying their luck?
 
Does she have insurance? If so, let them handle it.

The vehicle in the roadway has right of way, ie not the person backing out of the parking spot. He had right of way but he was stupid to try slip past.

It's her own responsibility to take down his details. He did take down her details so that's not "null and void".
Did she report this to the police, the accident?

I would definitely make mention of what was damaged, since you say it was only a dent, and not indicators/mirrors, etc.
 
The car guard should be held responsible. He knew another car is coming, yet he doesn't stop her.
 
A couple of questions:

* Did your sister report the accident?
* Does she have insurance and if so did she report it to them? You have to report any incident that may result in a claim to your insurance or they can rightly deny any such claim,
* Did she take the details or can she get the details of the car guard? He was a witness to the accident.
 
The guy drove off so quickly, and she said he wasn't really bothered. Just wanted to get away. She can probably ask the car guard to be witness though.
 
His insurer is just trying their luck and trying to get her to admit guilt. She must just contact HER insurance and fill out all the forms and reported it within 24 hours to the police. Both of them were negligent. She for trusting the guard and not looking and the other guy for speeding past.

Why would his insurance send a letter directly to her. Is she not insured?
I hope she reported it to the police. Did she?
 
supersunbird said:
Does one have to report a bumper bashing on private property (for example mall parking) to the police?
Click to expand...

I was in the SAP many years ago, an 'accident' on private property it was a civil matter and was not reportable to police. However if there was malice intended, then it would become a police matter. It should still be the same?
 
Matter was not reported to the police by either of them, therefore as I understand it, She will not be liable and the insurance can not claim from her.
 
Firstly, big mistake not reporting it. She should have taken his number plate and reported it as a hit and run if he refused to give her the details. Now any denial of liability will be reaction rather than action. If she had done that all she would have needed to do is refer them to the case number.

Secondly, insurance companies take huge chances and are bullies. A friend of mine drove into the back of me on the way somewhere. We both went to the police station, made a joint statement where he admitted being at fault and we both submitted the same statement to our insurances. His insurance still tried to sue me for the damages. The first woman that phoned me swore blind that my friend had implicated me as being at fault. This was the best man at my wedding, I knew he wouldn't do that.
Then when I caught her out in her lie she went off on another tangent.

Get an affidavit stating that you (or your sister) had right of way and that he drove recklessly and leave it at that.
 
F1 Fan said:
Matter was not reported to the police by either of them, therefore as I understand it, She will not be liable and the insurance can not claim from her.
Click to expand...

He must have reported it. My insurance company will not process a claim without a case number if there are any other parties involved.
 
It has to be reported to the police, but no accident report need be filled out, from what I was told. You will still receive a case number.
A parking lot is private property but seen as public property de jure in the event of an accident, etc.
 
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