Driver hit my parked car.What do I do?

Question

I parked my car at the kerb at my sisters house. Two mins inside I heard a massive bang.Came out to see a man had hit my car. Now my car wasn't in anyone's way and he hit from the otherside of the road. He was no doubt speeding with the damage he did and more than likely on the phone for the amount he swirved to hit me. 2 wheels fell off my car,the side bumper,both wheel axels snapped and the thingy in the middle which holds the wheels together also snapped.He tripped the airbags,My door won't open and my steering wheel popped out.I have the car on finance and the car has been wrote off,the insurance are saying they wont pay all my finance just what the car was woth. What can I do? i'm also gonna miss oveer a week of work,two driving pre-tests and my actual driving test.!! I also just spent 500euro on a new set of tyres the day before..?

Answer 1

have you taken his details?

Answer 2

The insurance company is quite correct to only pay what the car was worth because you can take that money and buy a similar car.  You will still have to pay your finance but you would have had to pay that anyway.

The insurance company would probably say you do not need to miss work.  You in turn would be morally justified in claiming reasonable expenses in actually getting to work.  This may mean taking a taxi to work everyday if there is no other form of public transport available.  I am not certain if they have a legal obligation to pay such expenses but I believe they have and I believe that they will try their best to wriggle out of such an obligation.  Because I am not certain however, logic dictates that you must find out if you are entitled to such expenses before you spend your own money on such expenses.

Ask your insurance company if they pay bus, train or taxi fares to work while you are without your car and make sure that you tape record the telephone conversation just in case they lie to you.  Also ask if you are entitled to a courtesy car to cover the period which you are car-less.

Check your insurance policy for the same things and also seek advise from the citizens advise bureau about the pre driving and driving tests and the tyres.

Ask your neighbours if they heard the crash and if they saw any vehicles leaving the scene.  The damage you described sounds so bad I am wondering if it were a lorry or a van.  If it were a lorry or a van there is a good chance that the said lorry will have forensic evidence on it of the crash.  Were any lorries or vans carrying on their business in the area at the time?  Talk to the police.

If it was a car that did such horrendous damage was it a stolen car?  Again talk to the police.

Answer 3

Like Lucky said, sue his insurance people. If someone hits a parked vehicle, they are ALWAYS in the wrong, matters not what he says.

Answer 4

His insurance will cover the cost of your car - whatever your financing arrangements are is not your insurer's concern. You will be asked to pay off your finance immediately upon settlement if your loan was secured on the car as there's now no car for security.

Sorry, but as one of the previous answers stated (and got thumbs down for it), that's what happens with finance.

If you have legal cover, or courtesy car on your insurance, then they'll provide you with a car, if not - tough luck, I'm afraid.

Your tyre expense is irrelevant - your car needed tyres, that's that.

I can't understand what will cause you to miss two weeks of work, lessons or a driving test as you weren't in the car & therefore obviously unhurt.

You won't be able to claim any damages via a third party liability company as you weren't in the car at the time of the accident.

ps I had a similar incident many years ago whilst parked, and my insurer payed out on the other guy's car but refused to claim off him for my damage as I didn't have legal cover (that option charge on your renewal!)

Answer 5

Unless you saw who did it and they admit it your insurance

will cover it.If they deny it you will need a witness.You could

report it to the police.Who should check the other car for tell

tale damage.

Answer 6

You don't say if you managed to get any information from the diver of the other vehicle. With his registration number you can make a claim by asking the police to trace him.

edit. If you were legally parked and he hit you his insurance must pay for everything.

Answer 7

Call the police. Did you get a licence plate of the car that hit you?

Answer 8

The best thing to do is claim on his insurance,If he has  any?Have you reported him to the police?

Answer 9

Let's get the story straight eh?

1.  You cannot accuse someone of speeding, being on the

phone or swerving without evidence.

2. Wheels don't 'fall off' cars unless they are unroadworthy.

3. Axles don't just snap either.

4.How in gods name does a steering wheel 'pop out'?

5. How are you going to miss a week of work?  If your injured I suggest you go to see a doctor. If not get the bus!

If you've had an accident of the seriousness that you have described then I would have expected the other driver to have been seriously injured, if not trapped in his vehicle.  Therefore the Police would be involved as the road would become a crime scene.

Now why do I get the impression that the facts have been slightly embellished here?

ADDITION:-

Well you asked the question so you must have wanted an answer from someone who knows more than you!

As you didn't give the reason why you would lose work, I had to work on what little information you did give.

As for your comment regarding if it happened to me.  I was deliberately rammed off the road by a madman in 1990 and the police did say that if they could make a case they would charge him with attempted murder, unfortunately they couldn't and he got away with it, all I got for my injuries was £1000 from the MIB.

My reply was meant to help you but as you obviously don't like my input I couldn't now care. I still don't think that your comments are necessary but I'll refrain from complaining.

Answer 10

did u get his liscence plate?

Answer 11

Well, that's what happens when you buy a new car on finance - it's not worth as much as you owe so if anything does happen you get screwed, which is unfortunately where you are now, still paying for a car you don't have.

Sorry about this, but you've just been unlucky.  You could try a private prosecution against the other driver to recover the difference but that could end up costing you even more in the long run....

Answer 12

Claim of his insurance

Make sure your claim includes all your out of pocket expenses. eg loss of earnings, taxis . You cannot claim all of the money for the new tyres though as they are running expenses of the car but they do increase the value of the car.

Answer 13

Sorry to say it but the insurance company will only pay for what the car is worth (Market or Agreed Value) Even the other driver's insurance (if he had any) will only pay that amount.  Any amount over that value that is still owed on Finance will not be covered.

Stinks I know.....

Answer 14

get a lawyer and sue for all he's got ...including stress, trauma, inconvenience, time wastage, ur bus or taxi fare, and mental breakdown!!!!!

Answer 15

Bloody 'ell! From the damage you describe was he doing 300 miles per hour or was he driving a lorry?

ALWAYS get a decent insurance company and make sure that your policy includes legal cover. It should be their job to persue him and his insurance company for your loss. Sometimes cheapest isn't best. If you suspect he was speeding, contact the police. They should be able to prove whether or not he was using his mobile phone at the time of the accident by checking his phone records. In the United Kingdom using a mobile phone while driving is an offence. I don't know whether you can take the driver to court to recover the outstanding finance or not. I have always had personal loans or saved up to buy my cars.

Answer 16

The man that hit it must pay everything for you. If he doesnt take him to court

Answer 17

Did you see the other car as it drove off?  Did you get part of the registration number?  Colour of vehicle, time, date etc.

Report all of this to the police and get a CAD number from them.

What has happened to you is not an 'accident' it is a driving offence - the person did not stop.

Contact your insurers now. . . .good luck.

Answer 18

You need to make  claim through your insurance. If your car was parked legally, then the driver who hit it is at fault whether it was in anybody's way or not. I'm assuming that you have the details of the driver that hit your car. You will need to provide these to your insurance company who will deal with the claim and reclaim their losses from the insurer of the driver. You will have to pay your accidental damage excess in the first instance, but the 'legal cover' on your insurance will help you get that back as long as the claim is settled non-fault i.e. your insurance company have made a total recovery of the amount paid to repair your car. In addition, if this is the case then your own No Claims Discount will not be effected.

If the driver that hit your car did not stop and you do not have their details then you can still claim from your insurance. That is what insurance is for. The difference here though is that you will have to pay your excess not get it back and your No Claims Bonus will be effected.