advice / help re Private road 'accident'

Discussion in 'Driving/Incidents/Roadrage' started by A210AMG, Jun 13, 2013.

  1. A210AMG

    A210AMG MB Enthusiast

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    Hello

    Bit of advice…
    Family member goes out to get paper, parks up on a Private road, gets paper and in the meantime a car has parked behind them. Family member reverses to get out of bay then a few seconds later notices a person at side of their car shouting. Turns out person in car behind said she had been reversed into.

    Family member did not feel anything and certainly didn’t notice hitting. Anyway person in parked car was getting quite irate. So they exchanged details (not insurance) and the person in parked car said they would get a quote. (It appears they were selling the car in a couple of weeks ooh and they said when hit she head-butted her son who was traumatised??)

    For a week no post or contact regarding how much any damage would cause. There is no damage on the family member’s car. Then On Saturday a letter from a solicitor asking for insurance details etc... (No win no fee?) Claiming their client has suffered whip lash and son is traumatised.

    Now I’m all for an easy life and protected no claims etc., just ring insurance and move on. However I / we feel this person is milking this somewhat. Reversing a car in a tight bay? To claim whip lash? It’s also annoying as it’s this sort of thing that will push ALL our insurance up.

    Anyway where does the family member stand?, her husband seems to think that as it was a private road insurance is not valid anyway?? I’ve just done a quick Google and unless there is a barrier to stop you going down the road then it’s deemed as a highway. This road did not have a barrier to stop you going down it. In any case I thought your insurance would cover you? But he is relying on this for this claim to be invalid?.

    I’m unsure and the family members in question are reluctant to do anything, I fear this will actually just escalate? All that they have done is ring the solicitor to say they will not be passing on details.

    Oooh and the car the family member was driving without naming it is a plastic panelled one (2 seater high-up model) that some members have on here… cannot see that doing any damage to anything really?

    thanks
     
  2. Rory

    Rory MB Enthusiast

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    It should be reported to the insurance company straight away as otherwise they're on the back foot. Sadly there's not much your family member can do other than deny there was an impact, pointing to lack of damage on their car.

    The insurance company will probably make an offer to the third party hoping they'll go away. If (and it's possible now they've got a solicitor involved) they try and take the pee, then the insurance might dig into it a bit more forcefully.
     
  3. OP
    OP
    A210AMG

    A210AMG MB Enthusiast

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    I agree,

    However they are reluctant to ring their insurance. Its hard as on one hand I know the other person is milking it, I mean whiplash from a parking bay incident?

    On the other, easy life...pass on your details and let the insurance sort it.
     
  4. asauk

    asauk New Member

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    Hi,
    Private road or not your car is insured. The car is insured to account for cases like yours.
    Your car insurance is like any other product, you purchase insurance to save you from dealing with matters like this yourself, not just a legal requirement.
    The insurance company are the experts, and will know what to do.
    Pass all details onto them and let them work there magic. They will take all the emotion and hassle from you.
    Plus car insurance is expensive, so why not use it, you have paid for it!
    If the claim is disputed by your " insurance company", not you, then that will be the result of a thorough investigation as they hate paying out money.
    Hope it helps.
    Chandler.
     
  5. OP
    OP
    A210AMG

    A210AMG MB Enthusiast

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    ^ Thanks

    I would have rang them up but the family member is reluctant to...

    I'm just worried doing nothing is worse..
     
  6. Carabosse

    Carabosse Active Member

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    What is the reason for the reluctance? Do they not realise things could escalate?
     
  7. marc.l

    marc.l Active Member

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    This is a find some thing to worry about thread ? Why the reluctance to give details ????
    Give them the details , let the insurance sort it out between them selfs , it's the reason you have insurance .
     
  8. grober

    grober MB Master

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    I would tell them to inform their insurance company and at the same time make abundantly clear to the INS/CO your family member was unaware of any impact and that the other party is " milking it" Any further communication from the lawyer should be referred to the insurance company. If it was a real accident they should take it on the chin. If its a scam let the insurance sort it out. I am always suspicious of people who act aggressively after a very minor accident as its often done deliberately to unbalance the " mark" of any scam.
     
  9. brucemillar

    brucemillar MB Enthusiast

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    ^^

    As Graeme says.
     
  10. Rory

    Rory MB Enthusiast

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    They could just write back and deny there was any incident. But as they gave their address at the time, an independent person might think they must have suspected something might have happened.
     
  11. Sp!ke

    Sp!ke Administrator

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    How can you accidentally reverse into anyone driving a Smart and not know it? Driving a big chunky volvo I could understand but a Smart... no way.



    If you did you'd bounce off and give yourself whiplash and not the other party - simple physics.

    Your friend should immediately notify his insurance and advise them that he thinks this to be a scam.
     
  12. Clkrichard

    Clkrichard Active Member

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    Leaving to one side the rights and wrongs of whether or not your friend is being scammed maybe this will teach them to respect others property and not park in a private road while they buy a paper !
     
  13. renault12ts

    renault12ts MB Club Veteran

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    I grew up in a private road...with a paper seller at the top of it on Sundays.

    I think your view is a little off the mark...
     
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  14. cinek

    cinek MB Enthusiast

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    Without the shadow of a doubt, that is exactly what this is.
    Report it to the insurance and police.
     
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  15. OP
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    A210AMG

    A210AMG MB Enthusiast

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    Hello

    Thanks all,

    The parking situation is hard to explain without a google maps diagram which I will try and get. Suffice to say its the 'norm' for people to park where they do. Not saying its right but its happens. OOh and I think it was a Sunday morning so pretty quite around.

    The family member is reluctant... not sure how best I can explain really but the husband is quite set in his ways and old school believing they know best... I fear that doing nothing will actually make it worse but I can only offer advice.


    As has been mentioned the car the family member was driving is very little with NO boot as such and made of plastic.... If you did reverse into something you WOULD I'm sure know about it and there is no damage or marks on the plastic.

    Thanks again
     
  16. Sp!ke

    Sp!ke Administrator

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    This private road sounds like it has public access (no barrier) so normal insurance rules apply
     
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  17. asauk

    asauk New Member

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    Amg....if they are set in there ways, then there is nothing you can do.

    The advice you have received is correct, inform the insurance company. The only other advice to give you, is dont report it to the police as its damage only. It is up to the other party to report it to the police if they are injured. This could also help your family member as a statement will need to be taken from them, and therefore your side of what happened...
    If your family member is being stubborn then what can you do? I'm guessing they are going to be put through the mill for no reason.
    My advice is to disclose everything to the insurance, if not then your family member with have to deal with the grief themselves, and these things never go away...
    Sorry to be gloomy, but I'm trying to advise from an informed, and experienced point of view.

    Good luck and all the best.
     
  18. Clkrichard

    Clkrichard Active Member

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    I hear what you say but I live in a private road ( maintained at the residents expense) and get mightily fed up with people who park in it because they are " just going to ......." .
    If someone parked in your drive and went shopping because they were too idle to park properly, or picnicked in your garden, you would protest vigorously. Why shouldnt we protest about those who invade our property ?
    Unfortunately respect for the property of others is a vanishing commodity and drivers think they can park wherever they like.
    My view is only off the mark for the selfish and inconsiderate !
     
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  19. Sp!ke

    Sp!ke Administrator

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    It sounds like you need to club together and buy a gate. If you have open public vehicular access then I cant say I am surprised you are getting this problem.
     
  20. OP
    OP
    A210AMG

    A210AMG MB Enthusiast

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    Thanks all,

    Basically you have all said what I have said and they need to inform the insurance company and let them deal with it.

    Its a worry that the family member driving the car doesn't want and I feel it could go on and on for no reason.

    All I can do it advise, will repost if I hear any more.

    Thanks
     

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