Witness to neighbours car being hit whilst parked

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Tue 8 Jun 2010 14:04
Witness to neighbours car being hit whilst parked - SerenaG

Back in Feb, I was witness to my neighbours car being hit whilst parked in the private car park for our flats.

At the time of the incident the female driver, got out of the car and inspected the damage along with her male passenger and gave me her details on request. At no point was there a dispute that she A- hit the car and B- was responsible for the damage.

Today, I was made aware by my neighbour that the driver is now saying that she did not hit the car and her passenger will back this up, my neighbours car is still not repaired.

She asked me to speak with the driver as I was the witness (not sure if I should have) but I did call her and made her aware that saying she did not hit the car was silly as I was standing right there and saw the impact with my own eyes, she maintains that she did not hit the car, her 'brother' who I assume was the male passenger at the time came on the phone and began in a very rude manner to say that his 'sister' was not liable for the damage as she could not have caused such a dent at the speed she was going, note, he does not deny that she hit the car like she did.

At the time of the incident I did take immediate pictures of the damage that I still have on my phone and also the number plate of the drivers car, which is registered to someone else, my neighbour feels that the driver is not insured to drive the car and by the way she was drinving it seemed evident to me that she was not an experienced driver.

My neighbour said this may go to court and I'll need to be her witness, which Im fine with but is this the normal proceedure and what are my neighbours chances?

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Tue 8 Jun 2010 15:13
Witness to neighbours car being hit whilst parked - Falkirk Bairn

Court summons/appearance will have them having sphincter issues as perjury is a BIG issue.

The threat of the court should be enough.

I had an accident 9 years ago - driver admitted then retracted blame. Court date issued and suddenly they remembered their fault. They were driving on garage policy for loan car that carried £1000 excess.

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Tue 8 Jun 2010 15:34
Witness to neighbours car being hit whilst parked - Dwight Van Driver

Unless it was reported to the Poliuce as occurring in a public place, which I doubt, then any court proceedings will be at a civil County Court. Nevertheless perjury can still be committed.

You had advised that you were a witness and willing to stand as such. It will be up to the person sustaining damage to their vehicle to push matters.

I would not approach the perpertrators.

Protect the photographs.

dvd

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Tue 8 Jun 2010 18:58
Witness to neighbours car being hit whilst parked - bonzo dog

"I had an accident 9 years ago - driver admitted then retracted blame. Court date issued and suddenly they remembered their fault"

SNAP - in my case 20 years ago

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Tue 8 Jun 2010 15:41
Witness to neighbours car being hit whilst parked - LucyBC

It's a collision with a parked car where the owner of the parked car has an independent witness (you).

As soon as they see the claim their insurer (if they have an insurer) will fold up immediately and pay out on the claim and they will recover the costs of repairing their damage.

A number of outcomes can apply:

1. If the driver of the car responsible for the impact was insured and the driver at the time of collision was insured to drive it then the insurer of the at-fault driver will settle the claim in full.

2. If the car responsible for the impact had a valid insurance policy at the time but the driver using the car was not insured to drive it but was driving it:
a) with the permission of the owner
b) without the permission of the owner but is identified at the scene (whether or not they are prosecuted)
then the insurer of the car is legally required to indemnify the owner of the parked car for their damage.

3. If the car responsible for the impact had a valid insurance policy at the time but the driver using the car was not insured to drive it and was not identified at the scene then the Motor Insurers Bureau is required to indemnify the owner of the parked car but a £300 excess will apply which is payable by the owner of the damaged car.

4. If the car colliding with the parked car was not insured at all then there a claim against the driver via the Motor Insurers Bureau. Again the £300 MIB excess will apply.

If the claim is against the MIB your neighbour would be entitled to a courtesy car but no like-for-like would be available. If an insurer is liable then a like-for-like is available for the period the car is being repaired.

If they need professional help in dealing with this please get them to contact me with more details and I will arrange further advice and assistance.

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