Hi,
I recently reversed from my drive into the side of an illegally parked car (was parked on double yellow lines). The car wasn't there when I got into mine and I didn't notice it pull up and park.
Does the fact that the car was illegally parked have any bearing on my liability and if I am not liable, will this have any effect on my no claims discount (no damage was done to my car).
Thanks for any replies.
shimewaza Mon 07/04/08 10:51
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No liability on the other party.
At the end of the day, the other vehicle was stationary, and parked illegally or not, you should have been using your mirrors when reversing.
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totally your fault,and unless you pay cash to have the other vehicle repaired,then yes it will affect your no claims bonus.
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Question Author
But even then, if I pay cash to have the other vehicle repaired, will that affect my NCD (I assume I have to declare the accident to my insurance company?)
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Yes, if you don't claim it shouldn't affect your no claims discount - you haven't claimed.
But it will probably affect your premium as you will have to declare it.
The premium will increase whether you claim through your insurance company or not.
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its up to you whether you inform your insurer of the accident,lots of people dont.
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Many years ago, a friend of mine was teaching his girlfriend to drive – unfortunately she crashed in to an illegally parked car (on double yellow lines). Unfortunately for my friend, he was only covered 3rd party on his car, and so could not claim for damage to his car. Unfortunately his insurance refused to pay out for the illegally parked car, claiming it was illegally parked and should not have been there.
Of course, if you are an insurance company, you should read the above paragraph with the word ‘unfortunately’ replaced with the word ‘fortunately’.
The event was a very long time ago and I cannot recall whether my friend’s no claims was affected.
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Hymie, I'm shocked at that insurer's actions. However, I'm even more shocked that the party whose vehicle was struck didn't successfully challenge.
Possible insurance laws have changed since then, but you've got no chance in hell of using that defence nowadays.
The fact that the other vehicle was stationary when sturck speaks volumes as to who is at fault
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If you are paying yourself just don't tell your insurers, it's not a legal requirement.
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I would be interested to know whether Shimewaza’s insurance will offer to pay out for the other vehicle. My experience is that insurance companies will find any excuse not to pay.
Being stationary is does not necessarily mean that you are not at fault in an accident.
From my driving history; I was driving along an A road, approaching a junction on the left hand side. The car in front of me indicated and turned left. A car emerged from the left hand turning (intending to turn right) and stopped in the middle of the road, waiting for a gap in the traffic coming from his left hand side. Traveling at 40mph, I had no way of avoiding the stationary car, suddenly blocking my path. I know it’s not the same as a parked car – but his insurance paid out on the accident (and he was prosecuted).
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Yes but Hymie, there is a difference between someone pulling out and stopping in the middle of the road, shortening your stopping distance, and the car simply being parked at the side of the road.
Mirror, signal (if applicable) manouver is how I was taught.
Clearly shimewaza simply drove, crashed, mirror
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