Car damaged in car park

[visagephoto]

Yesterday I was parked in the car park of a local supermarket and was sitting in my car reading a newspaper while my wife was inside shopping, suddenly there was a loud thud, and when I looked around, there was a guy retrieving his shopping trolley from the rear N/S of my car, (he had turned his back on it while he unlocked his car, and it had rolled over three empty parking bays, into my car) he apologised and assured me there was no damage done, however when I got out to check, I discovered the trolley had broken my rear N/S (brake/indicator/tail) light.

We exchanged details at the scene, I noted his car registration and he gave me his name & address and phone number (mobile), however I have been trying to contact him since the accident (34 hours) to inform him of the cost (£103.20 (ex. fitting)) for a replacement light unit. But every time I've called his mobile it has been switched off, and despite leaving a couple of messages on his voicemail requesting that he calls me, I've heard nothing.

I'm now becoming concerned that he'll continue avoiding my calls, maybe hoping I'll give up and just go away.

I would appreciate any advice regarding what steps I can take to ensure that he pays up.

[.Spiralling.]

if you've got his car registration details, contact your insurer. They'll be able to trace his insurance company and claim from them I'm sure.

[itaufait]

IANAL, but if it wasn't his car that damaged your car, I doubt his motor insurance company would pay

[MH1]

Not necessarily, most insurance only covers you on the highways, hence all the warnings signs of cars left at the owners risks etc.

Had a guy reverse into my car in a car park and managed to get it through on insurance, I ddi mention to him if he did not accept full liability I would hunt him down like a dog.

He got the message and his insurance company phoned me under his instructions to let me know he had admitted full blame.

[complete]

Last year I had someone reverse into my car which was parked outside my shop.

My broker put me onto www.actionclaims.co.uk which bypassed my Insurance and they repaired my car straight away and claimed off the guy who hit my car afterwards.

All he had done was split the paintwork on my bumper and I had a quote for £300 for a respray of the bumper but he told me all cars have scratches on bumpers and to P Off.

Action claims ended up replacing the bumper and hiring me a car for 4 days and he ended up having to pay a bill of over a £1000. (not so arragont after that).

[visagephoto]

IANAL, but if it wasn't his car that damaged your car, I doubt his motor insurance company would pay

That's correct. his insurance won't pay, as the damage wasn't caused by his car.

[Jenni@FarrantFrost]

That's correct. his insurance won't pay, as the damage wasn't caused by his car.
but possibly your own insurance may be able to chase him as you have his car's details?

[visagephoto]

but possibly your own insurance may be able to chase him as you have his car's details?

That's what I thought, However despite having comprehensive insurance, I also have a £150.00 excess, I have been advised that as a replacement light unit is only £103.20 I would probably have to pay for the repair then chase him for the money myself, which may involve taking him to a small claim court.

[Jenni@FarrantFrost]

That's what I thought, However despite having comprehensive insurance, I also have a £150.00 excess, I have been advised that as a replacement light unit is only £103.20 I would probably have to pay for the repair then chase him for the money myself, which may involve taking him to a small claim court.

Hmm. Small claims is a little bit of hassle, but if the details he provided you with are enough to 'prove' it was him who damaged your car it might be worth pursuing but I would get legal advice on it first. Does your home or car insurance come with legal cover? I think you could use it for this. If you have or can get his name and address, I'd write a strongly worded letter and see what happens. Good luck.

[itaufait]

but possibly your own insurance may be able to chase him as you have his car's details?

What would they chase him for? You can claim damages under tort from him that's about it, I'd guess. Now, if the car insurance had vandalism cover, then you could probably try that...

[maxine]

I was just about to mention vandalism as a possible option. What about contacting the police and getting a crime reference? I went down this route once when I parked my car by some shops and a child on his bike dented my car with bike handle :(

[Jenni@FarrantFrost]

What would they chase him for? You can claim damages under tort from him that's about it, I'd guess. Now, if the car insurance had vandalism cover, then you could probably try that...

Sorry, I meant they may be able to track him down and provide enough details for the OP to pursue personally.

[OldWelshGuy]

Go to his house, tell him to pay up, or get onto his house insurance people. This sort of thing is normally covered by that.

[CertaxBexley]

If you have registration details you can obtain the registered owners address from the DVLA, there is a fee, £5?.
Once obtained send a registered letter detailing your claim amount, stating if payment not received in 28 days you will initiate the small claims court procedure. This will involve him in further costs, £50 I recollect, plus a moderate claim for your expenses in initiating the procedure, £25? say.

Do not involve your Insurers.
Of course if he still doesnt pay you will have to pay further court fees to attempt to inforce any order.

[MK Financial Solutions]

Road traffic act says that an accident is "where damage or injury is caused owing to the presence of a mechanically propelled vehicle on a public road" any place will be classed as a public road if it has a separate entrance and exit and they are at 2 different parts. (it does not have to be maintained at public expense etc, but public should have access to it) if you can prove that the damaged was cause due to his car being present, than your insurance company will be able to claim the costs (including your access) back. Again if this is classed as "RTA", and damage was caused to a third party, i.e. you, and you think he has given you wrong details (details to be provided are name and address of the registered keeper, driver and reg number) you can report it to the local police.

[asonda]

I know this is a little off topic, but I have strong trade links for car parts and if you'd like, get in touch via PM with your car details and tomorrow I'll get a price for the new light, could be ALOT cheaper than what you've been quoted?

[visagephoto]

Thanks for the replies,

As far as I'm aware the details he gave me are correct, at least the mobile No. is, but it has been constantly turned off, and he won't reply to my messages.

My insurance company has advised me to seek compensation directly from the person who caused the damage. as the cost of repair is probably equal to or less than the excess on my policy,

I sought legal advice through one of those helpline schemes, (I'm not sure how effective the advise given is) and I was advised that:

1) the police probably wouldn't be interested.

2) Not to visit him at home, as he could then accuse me of harassment.

3) As above with a witness, as he could then accuse me of intimidation.

4) Send him an LBA (containing all sorts of legal jargon) giving him seven days to pay up, before taking out a civil action against him, through the small claims court.

Asonda, thanks for the offer, I'll be in touch.

[.Spiralling.]

That's correct. his insurance won't pay, as the damage wasn't caused by his car.

yes, not sure how I managed to forget it was a trolley, not a car between reading the post and responding. ;)

[yorkshirejames]

Don't suppose you took a photo that shows his face?

I hate to say it, but if he is the evil sort, he'll just deny all knowledge and suggest that someone else gave his name and address out of spite.

I would actually be considering some form of claim against the supermarket (as owners of the trolley, and the land).

[visagephoto]

Don't suppose you took a photo that shows his face?

No, But I got the registration number of the car he was driving, and his details (in his own handwriting).

I would actually be considering some form of claim against the supermarket (as owners of the trolley, and the land).

I don't think the supermarket can be held responsible, as they don't charge for parking there and they have disclaimer notices clearly posted.

[itaufait]

I don't think the supermarket can be held responsible, as they don't charge for parking there and they have disclaimer notices clearly posted.

IANAL, but I don't think you can disclaim liability be it direct or vicarious ;)

[yorkshirejames]

superbly put.

Thinking about the trolley itself, had the customer undergone training on how to drive the trolley, and how to deal with gradients/gusts of wind?

These are the points a good advocate would make to secure a result in your favour.

[Cleveregg]

seems like a lot of hassle for £100...i'm not saying he should get away with it, because he absolutely shouldn't, but it could turn out long winded, get nasty and/or more expensive than it already is.

[bookyourselfsolid]

This is a simple one.

if the guy has home insurance he will carry £1,000,000 of home owner liability. This is what would be used to pay your claim.

Yes I know he wasn't at home but this is what the yanks use to sue the hell out of each other and you should be covered anywhere unless the policies have changed in the last 2 years.

Action plan:

1. Check with your home insurer to see if I am right.
2. Leave a nice message on his phone explaining that his home contents policy will cover his claim, and he wont lose any "no claims bonus"
3. you get your car fixed and reimbursed.
4. You name your first born after me and use the thanks button

Regards

Ivorlargebum Thompson

[CertaxBexley]

No, But I got the registration number of the car he was driving, and his details (in his own handwriting).


Either obtain his address from DVLA & send him a polite letter with an invoice for the repair, requesting payement within 28 days, then take out a small claim action.
Or forget about it & move on.
:D