that's right , it's a human affliction , and we tend to exaggerate the damage done to us by third parties .
However , if an earlier comment is correct and in Germany you are responsible for damage caused to your car if illegally parked , then there is a lot of sense in that. If a lane is narrow and therefore has double yellows, but some ignorant selfish person decides to park there anyway , and they get clipped by a passing vehicle, then they are in the main liable, and that is natural justice .
And for all those angels who say otherwise , does their logic apply if somebody decides to park on a Red route or even on a Motorway - they are saying you can park anywhere with impunity and it's up to the passing traffic to be vigilant or else ?
And whilst typing , I have seen drivers with blue badges park on double yellows, and then walk to the shops nearby, and from their gait you could hardly deduce they were in any way lesser mobile than anybody else, ergo, they can park like we do, and walk the 100 metres .
|
And for all those angels who say otherwise does their logic apply if somebody decides to park on a Red route or even on a Motorway - they are saying you can park anywhere with impunity and it's up to the passing traffic to be vigilant or else ?
No, that's silly. Just because something is on the road "illegally" does not give anyone reason or excuse to damage it.
And whilst typing I have seen drivers with blue badges park on double yellows and then walk to the shops nearby and from their gait you could hardly deduce they were in any way lesser mobile than anybody else ergo they can park like we do and walk the 100 metres .
Blue Badge holders are entitled to park on double-yellows under many circumstances, and if they're entitled to the "badge", that's it. Disabled people don't always show signs of their disability during a very short walk. A car with an able-bodied driver may be transporting a BB holder, and the BB may legitimately be used.
This is going very off-topic for this thread. Why not start a new one raising these issues?
|
~~~ No, that's silly. Just because something is on the road "illegally" does not give anyone reason or excuse to damage ~~~
That's not at all what I'm saying - major twisting of words here. What I am saying for those who don't have devil advocate minds , is that if you park irresponsibly, then any ensuing damage may not be attributable solely to the causing party .
As for blue badges , I suggest here and now that the system needs a major review - too many people are not entitled to them, it's a bit of a farce , in fact .
Edited by motorprop on 08/07/2009 at 15:22
|
>>it's one of the reasons I don't tailgate - I haven't got the concentration or reactions to do it effectively. :)
I agree 100% with that one. I don't know how people do... moreover, I find it incredibly stressful.
A young lady whom I have in mind finds driving incredibly stressful and tiring. She spends the entire time sitting far too close to the car in front. What can I do to persuade her that what she does is (1) tiring and (2) extremely dangerous and (3) it's not just her life she prejudices?
As for Blue Badges, there is nothing wrong with the scheme. Plenty of apparently able-bodied people are not capable of walking more than a few tens of yards. The problem lies with the honesty of use/enforcement - many who use the badges are "borrowing" them in order to save on parking costs. Oh look, we're back to honesty again.
|
She spends the entire time sitting far too close to the car in front. What can I do to persuade her that what she does is (1) tiring and (2) extremely dangerous and (3) it's not just her life she prejudices?
Get her to count the number of times she dabs the brakes and compare it with the number of times the brake lights of the car(s) in front come on. Driving too close to the car in front leads to lots of brake pedal dabbing.
|
|
I see now that I didn't make my question very clear in my first post. What I hoped for was someone with legal knowledge - exactly on the 'contibutory negligence' point which I think would be how an insurance claim would be judged. I was never suggesting that my daughter was not to blame, just the fact that the other car was parked on double yellow lines in a very narrow street (the lines were obviously put there because of that very fact) was relevant. What I didn't say was that when the bump happened my daughter straight away left her details with the car owner who appeared from nearby - so did indeed do the moral thing. The bump was a small dent in the wing and the other car owner tried to imply that she was responsible for pre-exisitng scatches low on the colour coded bumper - which cannot be right given absolutely no marking on her car. We asked him to get a quote for repair and he has now come back and is trying to claim for £587 which is crazy for a 3mph bump. He is also abusive in his phone calls. We know we must pay a fair price for what has happened, but this is not fair. I too have had a lot of minor damage to my car over the years from people who have never owned up to it so I am impressed with the high moral integrity of the posters on this site. I think we will end up going through insurance as this is getting very unpleasant.
|
Hi Mum,
Good to see you back on the forum and pleased to hear that your daughter did the right thing. I cant offer any legal advice, but from what you say it may be as well to hand over to the insurance company and let them deal with the hassle.
£587 does sound a bit steep for repairing a small dent. If the paint is undamaged you can get these mobile places that pull dents out very cheaply (maybe less than £100) but at the other end of the scale if it needs a new wing and metallic respray then the price could be around the £500 mark.
Do you know of any good body repair places locally? You could ask him to take it to somewhere of your choosing for a quote?
Good luck.
|
|
|
£587 does sound about right, assuming it isn't a simple chips away style dent that could be popped out. I've seen bodyshop bills for way over a grand for simple repairs like new bumpers, this is partly why insurance is so expensive.
Before you go the route of the insurance co, what will the total excess be? There is the normal policy excess plus an additional excess for younger drivers. It may actually be more than £600 just for the excess, let alone the increase in premiums after the claim...
Good on your daughter for leaving her details behind, so many wouldn't have.
|
|
|
In the mid 90s when I lived in North London a young cretin managed to destroy 6 or 7 cars on our street in his 3-litre turbo-charged Supra.
A few months later I was having some building work done and the builder mentioned that his van had been one of those cars and had been written off. However Supra-Guy's insurance had refused to pay out on the grounds that his van was illegal at the time because it was untaxed.
So you never know...
And just hang up every time this guy becomes abusive, you don't have to take any nonsense from a bully.
|
In the mid 90s when I lived in North London a young cretin managed to destroy 6 or 7 cars on our street in his 3-litre turbo-charged Supra.
That's a bit spooky BBD. In the mid-nineties a young cretin in a turbocharged Supra wrote off my first (and in some ways best) Skoda parked just down at the end of the block here. I think he had come out of the road opposite in the wet, turning right, floored it and slid straight into the o/s rear wheel of my car punching the swing axle through the gearbox and doing it in... He left no note but the old bill grassed him up to me.
I wonder if it was the same young cretin? I did get the money off his insurance. But of course a good Skoda or anything else is worth more than its commercial value.
Edited by Lud on 10/07/2009 at 17:30
|
"That's a bit spooky BBD. In the mid-nineties a young cretin in a turbocharged Supra"
I remember you saying that once Lud but it turned out to be a different guy. I lived in Palmers Green just off Green lanes at the North Circular crossing.
I'd taken the week off to sand down the floorboards and I heard the almighty screaming of an engine at full throttle for several seconds then all hell broke lose. When I opened the door his car had come to rest on its side and someone was helping him climb out of the driver's window. There were wrecked cars all over the place. One of them was an old Wolseley (sp?) and although it was one of the last to be hit, it was in the worst condition - it's boot was right inside the cabin. Hat's off to the guy, he did it in spectacular style. He was completely unhurt - till the neighbours began to realise the extent of what he'd done.
|
I remember you saying that once Lud but it turned out to be a different guy. I lived in Palmers Green just off Green lanes at the North Circular crossing.
what was the name of that big night club type place in the pub, on the corner of Green Lanes and A406?
It's still there, but with a different name nowadays. Having a beer with a couple of mates earlier and we couldn't remember it.
|
"what was the name of that big night club type place in the pub"
Can't for the life of me remember - but it was... uninviting to say the least! I think it changed hands and names several times.
|
Edited by ifithelps on 11/07/2009 at 05:19
|
I remember you saying that once Lud
Is the internet the last refuge of the saloon bar bore now that all the drinkers are closing?
Hangs head in shame.
|
|
However Supra-Guy's insurance had refused to pay out on the grounds that his van was illegal at the time because it was untaxed.
What a load of Baloney. Untaxed is NOT A MATERIAL FACT. Their risk was no greater because the van was untaxed. After all it was insured, wasn't it? Crap crap and more crap. These Insurers need a rocket and a challenge. They would not get away with it with me I can tell you.
MD Grrrrrrrrrrrrrr.
|
|
|
|
Work out whether the insurance way will cost more than £587, give or take. Make sure you see an estimate for the work (which you could then check).
Note, you've some ammunition - you could look for more (check insurance database, for instance, 'though it's not infallible). Record any further calls, or take notes at or just after you get them, just in case.
I think, unless it's much more expensive, the insurance way may turn out to be best, as you say.
|
|
Interested in what you say re checking insurance database. He has been very cagey when asked for insurance details. How do I access a check?
|
|
Enter the registration number of the car here www.askmid.com and it will advise you as to whether or not the car is insured. But please bear in mind that this database is not 100% correct.
Edited by bhoy wonder on 10/07/2009 at 15:58
|
He has been very cagey when asked for insurance details.
Is he allowed to be? Is he not legally required to give them?
|
...contributory negligence...
Mum,
Look at it another way, if the guy had a disabled badge, he would (almost certainly) have been legally parked.
The collision is 100 per cent the fault of your daughter, although I'm not surprised you both feel a bit aggrieved - I would.
The cost of the repair sounds entirely feasible to me.
A few years ago I cracked the bumper on the Focus - £250 - plus £100 for paint, and the impact damaged one of the headlight mounts.
An hour or two for labour, plus the VAT - your bill is starting to sound cheap. :)
Can't stand rudeness, though.
I'd be inclined to tell this man you will not speak with him again.
Tell him you will communicate only in writing - assuming he already has your address - or via email.
Keeps things on the record, and if he's stupid enough to send an abusive, or more seriously, a threatening letter or emai, then it's straight down to the police station with it.
Coppers love evidence, rather than stories about who said what to whom.
Edited by ifithelps on 10/07/2009 at 16:50
|
>>if the guy had a disabled badge he would (almostcertainly) have been legally parked.
Its illegal to park on double yellow lines even if you have no legs,
He is legally obliged to give you his insurance details if you request them. Check if he has insurance, (motobility usually has). If it appears not, report the matter to the police and see what they say. He may then just go away.
|
Its illegal to park on double yellow lines even if you have no legs
www.direct.gov.uk/en/DisabledPeople/MotoringAndTra...1
The government doesn't think so.
Up to 3hrs on double yellows.
|
|
OK I stand corrected. But what about the "no stopping at any time" comment from the OP?
Edited by brum on 10/07/2009 at 17:56
|
Sorry Brum, but people with Blue Badges can park on double yellows, as long as they are not causing an obstruction by parking near a junction or where it is unsafe. They are banned from parking on double yellows where there is no parking at any time with extra yellow lines painted on the kerb stones.
I can, but chose not to.
|
brum said:He is legally obliged to give you his insurance details if you request them >>
Here is the relevant legislation, showing amendment dates at the bottom of the page:
www.statutelaw.gov.uk/content.aspx?ActiveTextDocId...0
Would "brum" like to explain why the owner/driver/keeper of the parked car is legally obliged to give his/her insurance details?
Summary of that here:
www.cyclecraft.co.uk/digest/rta170.html
Discussion of the issues on a Police forum:
www.policespecials.com/forum/index.php?showtopic=6...7
What if you substitute the words "parked bicycle" in place of "parked car" in the OP?
Edited by jbif on 10/07/2009 at 19:08
|
'Discussion of the issues on a Police forum:'
www.policespecials.com/forum/index.php?showtopic=6...7
That would appears to be a 'Specials' forum and for most of which they are barking up the wrong tree.
They talk about 'recordable' when I think they mean 'reportable' which are completely different.
'Recordable' Collisions are those deemed necessary to be committed to paper for stats purposes - injury RTCs. There is no legislation around these guidelines because its policy only.
'Reportable' is where under sec 170 RTA obligations are not fulfilled at the scene.
There are no legal requirements to report any collision to the Police providing requirements are fulfilled at the scene. ie exchanging names and address's etc.
Edited by Fullchat on 11/07/2009 at 15:00
|
|
|
Hello Mum, so glad to hear your daughter did the decent thing, you can be proud of that. The lesson she has learned here is that there is always an alkward, devious customer out there on the make or ungracious enough to accept that accidents do occur and it is how they are dealt with that counts. I did get the impression from your first post that you were looking for a little 'wiggle' room because of the parked car and I apologise for that. But as you accept it is irrelevant to the collision. I am sorry you are having to deal with such a charmless nerd. If I were you I would write to him recorded delivery, keeping a copy, and inform him that he is in the very fortunate position of having someone who is taking resposibility for their actions and is prepared to restore his car to the condition it was in just prior to the collision. Furthermore if he is not prepared to be civil and polite in any future communications either written or verbal then all communication will cease and you will be compelled to take the neccessary action to ensure this. Practically, there is little you can do but he probably does not know that and it may shock him into being more accommodating. Legally though you do not have to deal with people who are rude and abusive and quite within your rights to refuse to. The beauty about doing the 'right thing' is you have now offered restitution so you are now virtually fireproof. He has to come to you, and be nice, or he things don't proceed. You have all the Aces. You didn't want a quiet life anyway, did you? Again, best of luck. Concrete
|
|
|
|
|
