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Van reversed into my stationary car!

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smptrds | 18:48 Fri 16th Sep 2011 | Law
9 Answers
I was reversing back along a service road in front of a shopping centre with intention to drive down a side road. A van pulled up to the 'T' junction and I stopped reversing and allowed him to cross my rear and park in an OFF road-parking bay at 90% to the pavement. I then allowed a second car to do the same and free the 'T' junction. The first vehicle (van) then decided to reverse back out of the parking bay at speed. In doing so, he reversed left (on his blind side) crossed the centre of the service road and hit my stationary car which was still waiting to reverse. The driver admitted it was his fault as he said he didn't see me. He only had his credit card as ID. He wrote his name, address and telephone number and told me to get the damage sorted and he would pay in cash. He never asked for my credentials even though I had them with me. My new back bumper cost over £600 and excess cost me £100. I have photos of him re-parking, reversing back out and me on street where he hit me.
My Churchill insurers and solicitors state that the third party has stated that we were both reversing at the same time, which is a lie. I will loose 2 years no claims and my excess. I have over 40 years no claims, which includes my 18 years business van and double axle trailer.
How can Churchill accept this when this man left the scene without asking me for any identification if it was 'knock for knock'?
If he was reversing slowly and using his wind mirrors, he would have had time to stop!
Why did he reverse out on his blind side when it was safer by doing the opposite?
He had to cross the centre of the service road to hit me as I was facing the correct way?
Technically, he is fraudulently obtaining money from me to gain on his insurance.
Anybody any advice?
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Tell your insurers you dont accept knock for knock,and that it was totally his fault. You will have to go to court I expect but I dont see how they can make you accept that it was 50/50 if it wasnt
Have you got drawings of exactly what happened? always helps if you can hand those to your insurance company, to show the detail of all the maneouvres. Don't give in, stand your ground. Have your insurance company seen the photos?
This happened to me, but in a supermarket carpark, I was stationery and sat in my car...the other driver cut the corner and as he turned he hit my back end...he created such a scene, but we swapped details and I took photos etc and did drawings and I did win the case....so dont see any reason here why you should accept 50/50, insurers will do this anyway in the first instance in the hope of an easy win situation all round, but please dont settle for that.
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Thank you all for your advice and support. I have sent photos to Churchill's solicitors with the offender parked, reversing out (this time missing me) then driving away with my car exactly where he hit me the first time round.
I have told the solicitors that I will see him in court face to face and let the judge decide as my elderly wife and 4 year old granddaughter were sitting in the rear of our car and scared them both.
I have also told Churchill's that I will get a second opinion from my own solicitor if theirs can't do their job.
It's been nearly two weeks now and still not heard anything, my guess is that they are taking me serious and doing something. I will let you all know.
Have you seen the latest Churchill advert where the dog is guiding a car in reverse then shouts 'Oh No' then there is a bump and a Churchill add stating 'Car Insurance, you can rely on Churchill???
Question Author
Still no final decision from Churchill nor their solicitors. I have been informed that Churchill have recommended a 100% claim from the offender.
As a back-up to his careless driving, I have told the solicitor to take him to court for 'Breach of Verbal Contract'.
Mr ? wrote his home address and telephone number (own handwriting) showed me a bank card for proof of identity and told me to get the damage sorted, contact him and he will pay me cash for it. He left the scene without asking me for any personal or insurance details. This he has now retracted which is as good as a Written Contract in court.
persist with your version and it will go to court eventually.
presumably you have signed statements from witnesses?
knock for knock will not save him any money but will cost you dear.
if he was driving and didn't see you, how does he *know* you were stil moving, one would ask??
Question Author
Thank you cathfromsaron,
Your point about him not seeing me is exactly what I stated to Churchill's lawyers at the very beginning.
Considering the amount of time I have spent supplying a multitude of evidence and if I got the hourly rate that is paid to the professionals who are supposed to be fighting my claim, I would be off for a well earned stay somewhere. However, my disability does not grant me that wish.
Question Author
I eventually got both Churchill Insurance and their solicitors Cogent to believe in me and take him to court as he had no evidence nor my details after leaving leaving me.
The costs bumped up from £670 to well over a £1000 with all court/solicitors fees etc.
Couldn't believe it when I saw the court forms as Cogent Lawyers cocked up the accident date and interest back pay.
Had cheque through yesterday for my excess and loss of interest. WINNER!
Third party backed down and paid up as he knows he was lying.
Cogent Lawyers didn't like me telling them that I was confident to take him to court from day one but they believed in the third party first and wanted to go 50/50.
They didn't like me complaining that the only job they had was to fill in the court application and for their fee of £70 and they couldn't do that correctly.
Wait till they get my assessment form in the post telling them what I think on their handling of my case.
Remember, IF YOU BELIEVE IN YOURSELF, KEEP INSISTING because that's what you pay them for.

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Van reversed into my stationary car!

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