Minor car prang - anyone had any similar experience

andywil13

andywil13

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So a few weeks ago my next door neighbour reversed into the front of my car and damaged the front grill. Very glad I heard it because he just went inside and wasn’t going to say anything – RAGE! So I went round and he was very rude and said he will come round the next day. I went back the next morning and he was equally as rude and refused to come and look.

I went straight to my insurance, reported it, and let some time go by when they finally come back saying he hasn’t admitted liability.

Now luckily I recorded the conversation when I went round, and you can quite clearly hear him say “yea I know I did and I said I’m sorry” (in response to me accusing him)

So I have now passed this recording to my insurance company and a week later they still haven’t passed this over to the TP insurer. (I’ve had a go at my insurance about this and will be on their backs every day now – more waste of my time but never mind)

So basically I’m full of rage today and just looking from some reassurance if any that justice will take the right path.

Has anyone has a similar thing where they used this sort of evidence.

Thanks
 
Are you not meant to let people know they're being recorded?
 
As I understand the situation, recording conversations between two private individuals it is not prohibited. But the problem arises if that conversation is then provided to a third party for whatever reason, without the consent of BOTH parties.

In the situation described I would assume the insurance company will totally ignore the recording you have provided.
 
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hmmm - well the way I see it its illegal to lie to insurance companies, and if anything in life went to court you wouldn’t ask permission of the defendant to use evidence against them would you??

Just had a quick google and there doesn’t seem to be any single answer on this so I guess my insurance company will know the best way to proceed.


I have read these points though
- Between two private individuals it is not prohibited to record conversations
- Can these recordings be used in court to prove critical facts about a claim ....... in civil cases some judges take a pragmatic approach that if the information is already disclosed and it is highly relevant, then it will be admitted
 
On another note, I'm going to be getting a dash cam in my new S3 when it arrives. All the best with your claim. I would actually just speak to his mrs, or family, and then inform the police. I wouldn't go down the insurers route unless a total last resort.
 
Someone from Brussels will probably soon say dash cams are an infringement on other road user’s human rights hahah
 
have you had it out with him? Tell him that he better get on the phone to his insurers and admit it or pay for your car it's as simple as that..Some people need a bit of a shock to get them going..

We had it with someone that crashed into our wall and denied it..his car was on the side of the road totalled for 2 days and we had pictures etc as well as witnesses. Had a heart to heart with him eventually and he admitted it.

Good luck. Sounds like an utter whopper.
 
he is an absolute pr**k so I havent spoken to him since it was reported to the insurers. Will have a think about it though. Might pop down the local police station over lunch tomorrow see what they can advise.

will call my insurance again tomorrow and see where they think i stand - looks like I need to be a bit more proactice - I was hoping I could trust my insurance to do all this for me - isnt that what I pay them for???

very much full of rage this evening - very hard not to do anything stupid - but then thats coz im a decent human being!
 
Well my partner had a 50/50 (both reversing out of their drive at same time) with her old neighbour when she lived at her parents. She gave insurance details but as no damage done they both forgot about it. 9 months on a letter from small claim court claiming for a whole bumper etc.... I wanted to go over and sh## on there bonnet. Insurance is sorting it but cheeky for trying it on especially when they decided not to claim..some people
 
Clearly if the incident happened a few weeks ago and things still isnt sorted then he aint going to contact his insurance. Should just go to police regarding criminal damage see what they say
 
In my experience anything that involves chasing a tp or taking time to establish liability will end up being 50/50 at best. Insurance companies on the whole are pretty useless.
 
Yea but this is different its not like the other party is disputing who is at fault of a crash. Clearly only thing the neighbour could do is deny he hit the car. Therefore thats why he should of got the police involved from the start
 
I would wait till a dark night and ring his door bell then knock the f#$*er out and tell him if you dont get my car fixed in 7 days I will be back
 
Wont help if the other geezer is bigger ;) unless you tool up haha
 
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Why escalate the problem?
Stay within the law and do what is necessary.
 
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He is guilty of failing to report an accident and leaving the scene.

It's a bit wordy but here is the legal definition.

definition.png

(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accidentoccurs by which-

(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or

(b) damage is caused -

(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.

(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicledoes not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act -

(a) to a constable, or

(b) to some person who, having reasonable grounds for so doing, has required him to produce it,

the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence,

bottom.png
 
If the insurance company doesn't help it will have to be the small claims court that will need to be involved, then evidence of the recording could be used. I don't know why some are saying in here that the person being recorded must know first because newspapers do it all the time when they want to 'sting' somebody. There are other examples where this isn't the case too...
 
This just sounds annoying. Where's the decency in people?
 
If I were you I'd be weighing up the cost of the damage with the stress its going to cause sorting the matter out through insurers, court etc.

What is the damage? Picture?

How much would it cost you to replace the part yourself. At least you could sort it and move on. I'd be fitting some cctv to cover where you park your car.

If you're car was on the road as per the definition of a road traffic collision (owing to the presence of a motor vehicle on a road) above then he should have spoken to you and given his details. (or informed the Police within 24 hrs)
Failing to do that is failing to report a road traffic collision and is against the law. If you car was on your drive then I think it would be a different matter (a civil one)
You could speak to the Police about this.(if it was on the road) Maybe they will get a different response than the one you got? They could interview him about the matter and investigate (damage to his car consistent with damage to yours, speak to neighbours, take an account from you etc...) Your insurance company can then get a copy of this investigation.

You could leave it to your insurance company to sort out as that's what you pay them for. Someone has damaged your car, its damaged end of. If you're claiming then they should sort it out. But it sounds like they are dragging their heels.

So if it were me I'd be weighing up getting the Police, insurance, a solicitor, to sort it (which will take time and or rising above it fixing it myself at my own cost (Tps or 'mjr901 on here for parts to save some coin), fitting cctv and remembering not to p**s on him if he were on fire.
 
cuke2u said:
If the insurance company doesn't help it will have to be the small claims court that will need to be involved, then evidence of the recording could be used. I don't know why some are saying in here that the person being recorded must know first because newspapers do it all the time when they want to 'sting' somebody. There are other examples where this isn't the case too...
Click to expand...
Newspapers always use the defence 'that it is in the public interest' This will not be the case between two individuals. A small claims court MAY or MAY NOT allow use of the recording but generally this must be agreed between both parties.
 
Don't get angry, you have the moral high ground and the law is on your side.
Approach the guy in the same manner as you would expect some one to approach you. I suggest you inform him that failing to report an accident is a criminal offence foe which you'll report him to the police if he doesn't do the reasonable thing and contact his insurance company. No harm if he's still not keen in telling him you have your conversation recorded.
 
Long gone, every person for themselves it seems.
h5djr said:
Newspapers always use the defence 'that it is in the public interest' This will not be the case between two individuals. A small claims court MAY or MAY NOT allow use of the recording but generally this must be agreed between both parties.
Click to expand...
Thats's why I stated 'could' be used. Hell who cares really when what's wrong is the guy who hit hit the OP who wishes to be on the side of illegality in all this and it is him that is morally wrong, not some 'may or not maybe a legal recording'. I'd ****** write to him spelling out what I am going to do and the evidence I have, see if that shames him into paying up. However we still need to see what the insurance makes of it all.
 
Ring 101 and report the incident. The police will have to speak to both parties to establish the facts and if an offence has occurred.

If you provide all evidence then the police may even do a contemp interview, which is legally binding and all responses to questions are recorded.

It's only a call and could remove the stress from yourself.
 
I do believe that he has given his neighbour more than one chance to be civil, I am more than happy to be corrected should I be wrong though?
 
On one side yes but am sure the OP is still civil despite this. The neighbour doesn't sound like that though and plod/court is going to make that worse.

Never underestimate an evil neighbour and that they can do....
 
Agreed. Either let the insurance sort it or fix it yourself and cctv for the future
 
Out of interest, what sort of cost to repair the damage are we talking about.
 
When I picked up my brand new TT in March, an old woman hit my front wing.

I used a company called Accident Exchange who get the repairs done for you and then persue who to Bill. This helps so you're not waiting around to get your car fixed.

If you have your neighbours number, Accident Exchange will call him and ask if he did it. They will then come back to you with the answer. If he answers yes, it's all good and it will go through his insurance. If he answers no, then you do have the risk of the work going through your own insurance if you can't get him to admit.

It worked out for me as the lady admitted to it. If your neighbour denies doing anything, I guess you then know where you stand and you can tackle the next actions.
 
I also used Accident Exchange when my TT was in getting repaired after some idiot drove into it whilst parked up. We got a loan of an A5 3.0TDI S-Line, they really offer a great service! I thought it was iffy at 1st but mind was soon put at ease when our Audi dealer informed me they were legit. :)
 
Update - went to speak to the police for advice today - complete waste of my time, but i was kinda expecting that. Currently waiting for my insurance company to give me an update on the recording, but sounds like it might have to be small claims route.

not got a quote yet, car being serviced next week so will get a quote then for parts/labour, then hopefully I will get the part numbers if I need to repair myself.

in summary the damage is a cracked front grill (sline with ACC) and below the front grill is a smaller grill, that is also cracked.
 
Unfortunately it's not covered by Road Traffic Act if it's not on a PUBLIC highway, may be Criminal Damage in certain circumstances but if not I'm afraid as you found out it will fall to a civil dispute. Good luck mate.
 
I witnessed someone reverse their Range Rover into a parked BMW estate - then get out, have a look, then drive off and park well away from the scene of the crime. This was in a Waitrose car park. Anyway, shortly after seeing this the owner of the BMW arrived and was not happy! I pointed to the Range Rover... unbelievably the guy denied the whole thing and of course there was no damage on his car. He was extremely aggressive to this poor guy, so I then made him aware I had seen him do it, so he then threatens to hit me. I just called the Police and by the time they turned up he'd driven off. I later had to appear in court as a witness for the BMW driver's insurance company. He won the case and the idiot in the Range Rover got what for. The Police weren't even interested as this all didn't happen on the public road, but they did provide the BMW driver with the other guys details.

In my time I have been on the receiving end of road rage, who hasn't? I just ignore these people, but if I can't ignore them, I call the Police. Only once have I been physically threatened and I think the guy got a bit of a surprise when he saw me step out of the car in my uniform ( I was still serving in the army at the time).
 
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andywil13 said:
So a few weeks ago my next door neighbour reversed into the front of my car and damaged the front grill. Very glad I heard it because he just went inside and wasn’t going to say anything – RAGE! So I went round and he was very rude and said he will come round the next day. I went back the next morning and he was equally as rude and refused to come and look.

I went straight to my insurance, reported it, and let some time go by when they finally come back saying he hasn’t admitted liability.

Now luckily I recorded the conversation when I went round, and you can quite clearly hear him say “yea I know I did and I said I’m sorry” (in response to me accusing him)

So I have now passed this recording to my insurance company and a week later they still haven’t passed this over to the TP insurer. (I’ve had a go at my insurance about this and will be on their backs every day now – more waste of my time but never mind)

So basically I’m full of rage today and just looking from some reassurance if any that justice will take the right path.

Has anyone has a similar thing where they used this sort of evidence.

Thanks
Click to expand...
Its why I have 2 cameras in my car - 1 for the front and 1 for the rear

sounds like you have nice neighbours, what an a-hole
 
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