What would you of done in this situation

[meoldbangar]

This happened a couple of years back but I have always wondered did I do the right thing
I use to rent a workshop in an industrial/commercial centre. Drivinf out one day
a Ford car reversed right into the side of my w202. He got out, looked at HIS damage and said "Oh, no not again". I said "Can we exchange details". He said "We can but Iam not putting a claim in" Then two "Apes" 6ft 6ins tall and as wide got out of the car and stood there. The driver then got in to drive away, before the Apes got in, One stood there and said "Is there a problem". I just looked and decided to drive off.
His company is a debt collecting company, hence the Apes. It was on a private car park. I believe your insurance only covers you for public highway and public car parks.
His car was new and his bumper was a right mess. All his bumper paint all over the side of my car.
Got back from Customer, used soap and water and all the "damage" dissapeared except for a couple of scratches which T cut nearly got rid of
Police are only interested if its on a public highway and someone has been hurt
I know its in the past but I would be interested in members thoughts
Glad I had a w202 and not a ford

 

[guydewdney]

Please dont take this as rude, but a c180 202 is worth about 500 quid tops. The damage is not going to affect the value in any material way.

Spam his company email.....

 

[ricardo62]

I would of thrown down my leather gauntlet and challenged 1 of them 2 a duel at dawn ! either muskets or sabres they would of had 1st choice ?

 

[John]

Insurance certainly covers you in the likes of a Sainsbury's car park - although I am not sure if that is private land or not (the one in Locks Bottom).

I once had someone reverse into me in said car park and dispute it saying I hit him.

I decided to pursue it because of that, cheeky firkin bar steward, and I ended up with a cheque for £800 odd in lieu from the insurers. Damage cost me £200 to fix.

With regard to your situation, if he wasn't going to claim and your damage was negligible, I probably would have done the same.

However, had the damage been more, I would have jotted down the plate and put in a claim.

 

[meoldbangar]

Please dont take this as rude, but a c180 202 is worth about 500 quid tops. The damage is not going to affect the value in any material way.

Spam his company email.....

Thats why I buy em.....

 

[m1br]

For one you had every right to claim.
You could, and should, have reported it to the police if he failed to disclose required information.
There is a common misconception regarding 'private' property in such cases.
Any road way that the public has access to, regardless of who owns it, it classed as a highway.
This includes garage forecourts etc....

And so all common laws apply here. As you stated it was a rented unit, then I presumed it had such public access.
These guys are business people trying it on. Unlikely they would want the hassle if you pushed them.

Anyhow, next time you will be a little wiser?

 

[meoldbangar]

For one you had every right to claim.
You could, and should, have reported it to the police if he failed to disclose required information.
There is a common misconception regarding 'private' property in such cases.
Any road way that the public has access to, regardless of who owns it, it classed as a highway.
This includes garage forecourts etc....

And so all common laws apply here. As you stated it was a rented unit, then I presumed it had such public access.
These guys are business people trying it on. Unlikely they would want the hassle if you pushed them.

Anyhow, next time you will be a little wiser?

Point taken
However on the entrance there were signs stating "Private Car Park - Parking for Tenants & Customers only" which the police interpreted as no public access

 

[m1br]

Point taken
However on the entrance there were signs stating "Private Car Park - Parking for Tenants & Customers only" which the police interpreted as no public access

If a customer (member of the public) can access the road, it's a public place.
A garage forecourt is clearly only for customers, but its still public place (road or highway)
Don't always trust a copper to be right, ask a legal professional.
The Road Traffic Act will definitely apply if you can drive in or walk into that location.

 

[Mr. B]

If a customer (member of the public) can access the road, it's a public place.
A garage forecourt is clearly only for customers, but its still public place (road or highway)
Don't always trust a copper to be right, ask a legal professional.

Ha ha ha ha - now that's funny, not the copper bit but the legal professional bit.

PS. A petrol forecourt is a public place NOT a road or highway.

It is owned by the owner of the garage not the Highways Authority.

 

[b1g1an]

I was sat in a supermarket car park several years ago, car backs in the side of mine, driver pauses and then drives off but I made a note of the registration. I went to the police station and reported it, few months later I have my day in court and the other driver gets a ban and a hefty fine. My damage was as minor as yours but it was the principle.

Police won't come out to you, or certainly not as an emergency call, if there's no one hurt but they will do the right thing.

 

[flango]

Ha ha ha ha - now that's funny, not the copper bit but the legal professional bit.

PS. A petrol forecourt is a public place NOT a road or highway.

It is owned by the owner of the garage not the Highways Authority.

Your insurance still covers you on a petrol forecourt though, I know as I've had a transit pick up and Landrover disco reverse into me. The disco did £1800 of damage to my Subaru.

As previously posted Insurance covers anywhere the public has access, so say this happened on a private road to a group of shared hoses you would still be covered.

 

[m1br]

PS. A petrol forecourt is a public place NOT a road or highway.

It is owned by the owner of the garage not the Highways Authority.

Actually you are wrong.
(And the Highways Authority has no relevance here?)

The legal definition of a road as given by the UK Government website:

The definition of a road in England and Wales is ‘any highway and any other road to which the public has access and includes bridges over which a road passes’
(RTA 1988 sect 192(1)).
In Scotland, there is a similar definition which is extended to include any way over which the public have a right of passage (R(S)A 1984 sect 151(1)).
It is important to note that references to ‘road’ therefore generally include footpaths, bridleways and cycle tracks,
and many roadways and driveways on private land (including many car parks).
In most cases, the law will apply to them and there may be additional rules for particular paths or ways.
Some serious driving offences, including drink-driving offences, also apply to all public places, for example public car parks.

Hopefully this clarifies the definition.

 

[Mr. B]

Your insurance still covers you on a petrol forecourt though, I know as I've had a transit pick up and Landrover disco reverse into me. The disco did £1800 of damage to my Subaru.

As previously posted Insurance covers anywhere the public has access, so say this happened on a private road to a group of shared hoses you would still be covered.

I agree, I was referring to what is classed as a road / public place which can get very confusing under certain circumstances.

 

[Mr. B]

Actually you are wrong.
(And the Highways Authority has no relevance here?)

The legal definition of a road as given by the UK Government website:

The definition of a road in England and Wales is ‘any highway and any other road to which the public has access and includes bridges over which a road passes’
(RTA 1988 sect 192(1)).
In Scotland, there is a similar definition which is extended to include any way over which the public have a right of passage (R(S)A 1984 sect 151(1)).
It is important to note that references to ‘road’ therefore generally include footpaths, bridleways and cycle tracks,
and many roadways and driveways on private land (including many car parks).
In most cases, the law will apply to them and there may be additional rules for particular paths or ways.
Some serious driving offences, including drink-driving offences, also apply to all public places, for example public car parks.

Hopefully this clarifies the definition.

 

[219]

I find it hard to imagine any place my car could legally be where my insurance would NOT be in force .

When one of my cars was smashed up on my private driveway ( which having closed gates at the end and no public access is neither a public place nor a highway ; the highway outside being bounded by the white line which marks the edge of the carriageway ) my insurance still covered it . Similarly my car will still be insured regardless that it is on the road , in a car park , in a garage ( although the garage will also have insurance while having my car in their care ) or anywhere else I can think of .

Coming back to the OP , he most certainly could have claimed against the other party ; the difficulty would have been proof without witnesses . The party leaving the scene without supplying his name and address to anyone reasonably requiring it ( the OP ) would have been guilty of an offence . There is also a contractual obligation to report all such incidents to ones insurer even if not claiming ( so they can rape your bank account at renewal ) .

 

[jotter22]

I would have got his reg and phoned the local constabulary to let them sort him out then rang the insurers just to cover my ****.
Tony.