Stupid Female Driver......BANG

Anonymous · December 1, 2005, 14:58

Up the town during my lunch hour, driving round a multi-storey carpark looking for a space, someone reversing out a space so wait to let them out when BANG, some muppet driving a Renault Laguna reversed out her space into my the back drivers side wheel arch. Out the car expecting an apologetic lady but what I was faced with was a 50 plus female saying the words "did you not see me reversing, you should be looking for brake lights and reverse lights" erm wait a minute here, I had already driven past her space but somehow it was my fault.

Moved the car along to inspect for damage, really dark in the carpark so said can I have your name and address and I will inspect the damage in the daylight, she inspected the car herself and said there was no damage, I said it is impossible to see in this light, so to cut a long story short, she refused to give me her name and address, so I wrote down the make, model and reg number and drove off, on returnin to work had a look and can see a small bend in the wheel arch that will need fixed, the paint isn't burst but still want it fixed.

Phoned the police when I got back into work and explained, I have to go up to the station to let them see the car and then take it from there, the officer I spoke to said something about maybe not being covered because it was in a carpark??

Anyone know what normally happens with this kind of thing, the lady/arse not giving me her name and address and how I go about getting this fixed through her insurance.

s:evil: :evil: s:evil: s:evil: :evil: s:evil: s:evil: :evil: s:evil: s:evil: :evil: s:evil: s:evil: :evil: s:evil:

Anonymous · December 1, 2005, 15:20

I was told whether it is true on not, but as a car park is private land it is a knock for knock situation hope I'm wrong for your sake.

mph · December 1, 2005, 15:30

The requirement to give information is contained within section 170 of the Road Traffic Act (1988).

Basically, if you cause damage or injury you must stop and provide details, or report to the police the same within 24hrs.

Note however the use of 'road' (and not 'highway'), to which I don't know the legal definition - all this maybe mute within a car park.

m http://www.opsi.gov.uk/acts/acts1988/Uk ... tm#mdiv170 m

Code Select

 170.—(1) This section applies in a case where, owing to the presence of a motor vehicle on a road, an accident occurs by which—

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

 (b) damage is caused—
    (i) to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or
    (ii) to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or
    (iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.

    (2) The driver of the motor 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 motor 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.

karlus972 · December 1, 2005, 15:31

I believe when one is over 50, he/she (especially she s:twisted: :twisted: s:twisted: ) should pass his/her (especially her s:lol: :lol: s:lol: ) driving license again or at least a driving update......Anyway, are you not suppose to leave your name and address no matter who's right or wrong???
In Germany, it's easier, you have an accident, you call the police......period. It's easier for both drivers, and also for insurance companies.....
Sorry for what happened to you, I just hope you won't have have any "hidden" surprises when you bring the car to the garage! s:? :? s:?

mph · December 1, 2005, 15:34

Quote from: "Marge"I was told whether it is true on not, but as a car park is private land it is a knock for knock situation hope I'm wrong for your sake.

Depends. s:wink: :wink: s:wink: Any place that is publically accessible can be deemed a highway. Certain laws are written (see above) that state their remit to roads, whereas others state highways.

aaronjb · December 1, 2005, 15:36

Quote from: "daz8365"she refused to give me her name and address

I think I'd have been forcibly restraining her by that point!

Anonymous · December 1, 2005, 15:42

Quote from: "aaronjb"I think I'd have been forcibly restraining her by that point!

You and me both, or at least follow her home (not like she would ever use her mirrors anyway, to see you) then you could at least sh*t on her lawn (to put it crudely)

karlus972 · December 1, 2005, 16:03

Quote from: "extremeMR2"
Quote from: "aaronjb"I think I'd have been forcibly restraining her by that point!

You and me both, or at least follow her home (not like she would ever use her mirrors anyway, to see you) then you could at least sh*t on her lawn (to put it crudely)

yeah that's a good one. Follow her home, wait till she gets off her truck, and show her that you know where she lives..........
people with no sense of living in society must learn what being *scared* means....... s:twisted: :twisted: s:twisted:

aaronjb · December 1, 2005, 16:05

Lol, crikey, I wasn't going to go that far! s:lol: :lol: s:lol: I think I'd have made sure she was blocked in, mind, and called the police there and then..

(Other than that I'm the most timid person you could find I reckon s:lol: :lol: s:lol: )

proeliator2001 · December 1, 2005, 17:39

RTA 88 gives this -

"road", in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes,

so, as you were not in a parking space, you were actually on a speed restricted road IMO since you have normal road markings in most car parks. Not sure of any further definitions but I don't see how it would be excluded.

proeliator2001 · December 1, 2005, 17:46

Bit more digging gives bad news! -

m http://www.rjerrard.co.uk/law/cases/clarke1.htm m

Shows that is was tested and overturned on appeal so a carpark is not a road and hence no offence would be committed since it falls outside the RTA remit for stopping to exchange details - unless the carpark was more clearly a road. Seems bloody stupid to me. Perhaps she could be done for criminal damage since she acted in a reckless manner likely to cause material damage.

mph · December 1, 2005, 18:05

Quote from: "proeliator2001"Perhaps she could be done for criminal damage since she acted in a reckless manner likely to cause material damage.

Indeed, there is no reason why you can't claim on her insurance for any damage caused!

edward.carter · December 1, 2005, 18:16

yep might not be able to get any motoring offences but as she has damaged your property regardless whether she hit it with a stick or her car she should be liable for the damage IMO

Anonymous · December 1, 2005, 18:57

To be honest, report it to the police, as you have done and ensure that it is recorded.

Call your insurance company immediately and tell them exactly what has happened, ensure that you tell them that she refussed to give any details and that you have told the police.

Insurance companies have a lot of clout and give the information you have, will enable to the force the claim against the stupid woman.

When I was road raged by a ******* unfortunately I didnt get the full reg, but even the details I did get the insurance company tried very hard on their own to trace the vehicle. Even so far as they actually have a database that will flag up any similar vehicles that have gone in for repairs with a different insurance company.

I really dont think it makes any difference about where you where, you where in a public place, driving legally, and a 3rd party failed to stop and give details after an accident, its an offence, and its insurable.

If its not, then whats to stop me just running someone over in a car park - its not some black hole no-mans land, the law still applies.

Anonymous · December 1, 2005, 23:21

Absolutely, and as far as i'm aware you would also have been well within your rights to arrest and detain her until the police arrive as Criminal Damage is an 'arrestable offence'. physical manhandling of her probably wouldn't have been justified in this instance but blocking her in would have been.

I may be wrong, but my understanding of it is that a member of the public can detain anyone who is suspected of committing an offence for which the maximum punishment is 5yrs imprisonment (or more), at least, that's what they told us when I was doing my licensee's certificate and the good ol' "doorsafe" course...

Anonymous · December 1, 2005, 23:31

just give the details to your insurance company and let them worry about doing all the chasing - thats what i have done in the past. besides, if you have legal cover, then they will get you a solicitor to chase it all for you as neccesary.

Richie.

roger · December 2, 2005, 09:26

Quote from: "Richie"just give the details to your insurance company and let them worry about doing all the chasing - thats what i have done in the past. besides, if you have legal cover, then they will get you a solicitor to chase it all for you as neccesary.

Richie.

Whilst you can do this, if the damage is minor, its probably better you don't want this on your insurance record as an incident, especially if the result is she is not traced. However if you have Legal cover then as Ritchie says, that is the policy to use. If so make sure they are in the loop. How much you let them do, and how much you do yourself is up to you, so have a chat to them.

If you don't have it, then I suggest you go on your own....

Basically it is a Hit & Run which is a criminal offence. Follow up on the Police. If they don't want to get involved (for whatever reason) ensure you get the reason from them in writing. Take it to the top if necessary. Push them for her name and address.

If that is not forthcoming write to the DVLA. It is very unlikely they will give you her details, but they may forward a letter. Make sure that letter basically says, give me your name, address and insurance details, failure to do so will mean I will take action against you. If there is anything wrong with her DVLA record, then this at least will alert them to it.

Then you may have to trace her. An enquiry agent or Solicitor is the easiest here - DVLA are very free with their information to the "right" people. Once you have her, get hold of her insurance details and start on them.

If thats not forthcoming, then basically you have to get the repair done, add up all your costs, time and worry - and enter a County Court Claim against her.

Unfortunately there is no quick, easy and obvious route to take. Where you go depends on how successful you may be at whatever stage.

Best of luck, but don't let her get away with it!

edward.carter · December 2, 2005, 09:29

dont mess with mr2roc s:D

s:D

Anonymous · December 2, 2005, 10:29

Cheers for all the help and advice so far lads, much appreciated.

I went to the police station and gave a statement etc and provided them with the cow's registration number, they said they normally don't get involved but since she refused to give me her details then they will and go round to her house and speak with her. I have to go and get an estimate for the damage then the police are going to call me back with an update so fingers crossed.

So what is the opinion of people on here, tell my own insurance company about it or not?

Daz

edward.carter · December 2, 2005, 10:34

if the police are going round i would wait and see as she may cough up anyway, saves involving your insurance straight away

roger · December 2, 2005, 11:40

Quote from: "daz8365"So what is the opinion of people on here, tell my own insurance company about it or not?

Daz

Looks as though its going in the right direction. s:D

s:D

I suggest not at this stage, wait and see what the Police come up with.
If at any stage her IC gets involved though, you may have no option.

Anonymous · December 2, 2005, 19:26

I gave a statement to the police about a driver who spat in my face then drove off, they had the registration of the van, company name, date time and all relivant information.

They informed me that they would be calling round to speak to him and would be in touch-------Two and a half years later I'm still waiting s:roll: :roll: s:roll:

Anonymous · December 2, 2005, 19:48

Quote from: "roger"
Quote from: "daz8365"So what is the opinion of people on here, tell my own insurance company about it or not?

Daz

Looks as though its going in the right direction. s:D s:D

I suggest not at this stage, wait and see what the Police come up with.
If at any stage her IC gets involved though, you may have no option.

My only concern is, do you not have to inform your insurance company within 24 hours other wise any claim is void?

roger · December 3, 2005, 09:00

Quote from: "Richie"
Quote from: "roger"
Quote from: "daz8365"So what is the opinion of people on here, tell my own insurance company about it or not?

Daz

Looks as though its going in the right direction. s:D s:D

I suggest not at this stage, wait and see what the Police come up with.
If at any stage her IC gets involved though, you may have no option.

My only concern is, do you not have to inform your insurance company within 24 hours other wise any claim is void?

Mine doesn't - better check your policy. The whole point though is that you don't want to make a claim on your policy - well not at this stage anyway. If you make a claim and they can't get their money back from the other woman / insurance company, you will lose your NCB. remember its a no CLAIM bonus, not a no BLAME bonus.

If you are feeling a bit concerned about it, you can always report it, but NOT make a claim. However as I said before, at this stage I would want to keep it away from them. Your choice though.

heathstimpson · December 3, 2005, 09:19

The same happened to me many years ago as they reversed into me as I was waiting in a queue denting both doors. They supplied incorrect information so I contacted the Police but they were not interested because it was in a car park s:? :? s:?