Neighbour Reverses into Our Car, Denies Liability

randomuser645 on 12/04/2018 - 11:49
Last edited 12/04/2018 - 14:32 by 1 other user

Hey everyone,

Just wanted to ask on thoughts on a current situation.

As my father was leaving for work yesterday he was reversing his car and at the same time my neighbour was reversing his. When my dad saw that he wasn't stopping, my dad stopped and honked his horn but my neighbour still reversed into the car. They both went out of their cars and my neighbour admitted liability and said he will pay for the repairs. My father trusted him and went on with his day.

The next day he knocks on our door and now refuses to admit liability. Not only that, but he then gets his son to say he never heard a car honk, my father is adamant that there was no one in the car, he then gives a story as to why his son 'must have been in the car'. For the record, I did not see anyone in the car either.

My dad has third party insurance and they're unwilling to help (RACV, any suggestions for a better insurance company?).

We're currently contacting our lawyer.

Is it possible to know who was at fault based on the dents in the car? My dads car was stationary at the time so based on that, if the cars are of a similar make, which dent would be bigger? (their car, or ours)
I'm also fairly confident I can prove his son wasn't in the car too.

Automotive

Comments

  • [Deactivated] on 13/04/2018 - 18:57
    +2

    Your neighbor probably looked at his insurance policy which like every insurance policy says something like In the event of an accident do not admit liabilty.

    You should ask for his insurance details and deal with his insurance company (assuming he has comprehensive), there is no need to deal with him directly, your neighbor should get the car fixed by his insurance company, who will decide who was at fault and they may pursue you through your insurance company if they believe you are at fault.

  • Euphemistic on 13/04/2018 - 19:16

    Who has the lowest excess? Get the neighbour to split the excess and likely premium increase and claim on that policy. Couldn’t possibly be fraudulent.

    • Geryatric on 13/04/2018 - 20:57
      +1

      And increased premiums for the next 5 years

  • EmCKay on 13/04/2018 - 21:45
    +2

    I don’t get it. Your father chose not to spend money on comprehensive insurance but you’ve already retained a lawyer. Talk about mismanagement of funds.

      • TheOneWhoKnocks on 13/04/2018 - 23:29

        Ease up big fella.

      • JetBombat on 14/04/2018 - 13:11

        The bet on insurance paid off, savings are in the bank, minor damange, no one injured, arsehole identified and labeled. No reason to be upset and waste the time really. Take the money (from the bank) and move on. Buy a new car with dashcams and comprehensive and hug your neighbour telling him you forigve him and don't worry about it anymore because everything went exactly like your dad planned 40 years ago.

  • eggles01 on 13/04/2018 - 23:18

    the one that reversed into a stationary vehicle is in the wrong as he had not looked to see if he had clear passage way to reverse safely,unless you report it to the police you have no proof it happened at all,some solicitors give a free first 20/30 minutes,other wise you can contact Legal Aid or the law society for over the phone information,bol

  • eggles01 on 13/04/2018 - 23:25

    have you got a quote for the repairs yet you will need at least 2 quotes and either give a copy of then to the driver/owner of the other vehicle,if you decide to go that way send them by registered sign for mail,

  • eggles01 on 13/04/2018 - 23:37

    I am not sure but you may have to report it to the police whether it is a minor or major damage,you may consider having the quotes sent to him by a solicitor using one of their envelopes,when he receives the quotes he may just get into a bit of a panic and if he thinks he may be in the fault he may just cough up and decide to pay or do it via his insurance

  • eggles01 on 13/04/2018 - 23:40

    do not forget to take a photo of the damaged area on both vehicles

  • [Deactivated] on 14/04/2018 - 03:39

    In general Car Insurance Policies do not allow you to admit liability particulary to a police officer for the accident report - the neigbour was doing what was required to keep their car insurance valid, so regardless who is at fault this for the car insurance companies to sort out

  • kiitos on 14/04/2018 - 08:56

    Tricky, either way the relationship between your Dad and the neighbour is changed, keep us informed about what happens.

  • [Deactivated] on 14/04/2018 - 09:45
    -1

    https://www.youtube.com/watch?v=4sTHw7HEfHo

    he say she say

  • plowry1977 on 14/04/2018 - 10:18

    Unfortunately insurers dont always do whats fair, they want to settle as quick and cheap as possible.
    In this case, expect your insurer will be content that each party pay their own costs, as they arent out of pocket.

  • Zonty on 14/04/2018 - 10:45

    If cost less then your access to fix then get over with. Some time no need use insurance when access and potential premium increase is higher then actual cost of fixing. I believe when you reverse cars speed should not be that high to do big damage. It might be cheaper not to use insurance.
    Let him fix own car.

  • DarkOz on 14/04/2018 - 11:09

    Did the rear of both cars hit straight on or at an angle? If it's straight on it's hard to tell.

  • Qlam on 14/04/2018 - 11:24

    I also had a similar situation at a shopping centre’s carpark years ago. I was almost out & stopped to check the front before changing the gear to go forward, when was hit by another car reversing at the back. My car got scrastches at the side of a corner while theirs one at the back of a corner. I won that case after drawing a pic about the cars’ positions in the accidence & my insurance also knew my car having a reverse camera. I’m with Toyota Insurance.

  • Squidmcsproggen on 14/04/2018 - 13:33
    +1

    Pay your own repairs and move on

    • Euphemistic on 14/04/2018 - 14:23

      Leave the damage on the car. Put a sticker on it with something like “watch out for reversing incidents”. Rub it in your neighbours nose every time they reverse out.

  • Kamsi on 14/04/2018 - 21:34

    Well, I hope your dad learn a big lesson from this. Don't trust your neighbors :)

    In matter of facts don't trust anybody…

  • WhatWouldBiggieDo on 15/04/2018 - 08:44

    As a general statement, the presence of the TP’s son (or not) is irrelevant. The insurance company (and usually the police) will not rely on statements from anyone who was in any of the involved vehicles at the time or is known to either of the drivers. Witnesses must be independent.

  • ShannonN on 15/04/2018 - 10:39

    OP have you had a quote from a panel beater to repair the damage? You've pm ed pics to some , but blur the plates and post here please so we all can see if the damage is significant or a 50 dollar fix please

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