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Unread 23 Nov 2006, 15:38   #1
All Systems Go
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Legal Question, Insurance

As you may already know outside my house is not the safest place for me to keep my car, only last week some drunken yobs hit off both my wing mirrors. Last Wednesday, around midday there was a massive yellow vechicle, with some type of equipment on the back. I identified it as a council vechicle (though I did not see any markings to indicate this as it was mainly behind a hedge) and muttered to myseld that itbette not hit my car when it turns to leave.

At approximatly 3:15 that same day as my mother was gonig to work, she noticed a big dent in the side of my car. I was just gonig to pay for it myself as it would only be about £20 (so I was told) but I got an estimate today and they said £200+ (I shall be getting a second opinion) and I decided to get in touch with the council.

Upon phoning the council it was essentially shrugged off with 'we do not have any yellow vechicles.' this I know to be false. Just a couple of days after this event I noticed a yellow council van on another street and was going to check to see if it was damaged but didn't as I was in a rush.

Having just trawled through over 1000 photos from a local website I could not find ANY photos of council vechicles. Not really surprising, but still iritating.

1) Where can I find photos of council vechicles to prove a point.
2) What is my legal standing seeing as I did not actually witness the incident at hand?
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Unread 23 Nov 2006, 19:20   #2
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Re: Legal Question, Insurance

Quote:
Originally Posted by All Systems Go
1) Where can I find photos of council vechicles to prove a point.
Would it be possible to take some yourself? Find the council depot, and if you can peer in (ie, barbed wire fence) then take photos of the vehciles just sitting there, or if you cant then wait a while for some trucks to move in/out. That might be a way to do it, mind you, knowing their schedules would help quite a bit (ie, are they very early morning type things, or late arvo or what).

Quote:
2) What is my legal standing seeing as I did not actually witness the incident at hand?
i am not certain in this regard.
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Unread 23 Nov 2006, 21:39   #3
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Re: Legal Question, Insurance

Sadly, unless you can find a witness who can offer the registration number of the offending vehicle you can expect a two word answer ......


Proove it.


Your insurance company, provided you have a fully comp policy, may well class the damage as a 'no blame' claim and it won't affect your no claim bonus.

I know it's not the same as getting the shit-bag who did this and drove off but at least it gets your car fixed.

Good luck.
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Unread 23 Nov 2006, 22:20   #4
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Re: Legal Question, Insurance

Quote:
Originally Posted by All Systems Go
I identified it as a council vechicle (though I did not see any markings to indicate this as it was mainly behind a hedge) and muttered to myseld that itbette not hit my car when it turns to leave.

At approximatly 3:15 that same day as my mother was gonig to work, she noticed a big dent in the side of my car. I was just gonig to pay for it myself as it would only be about £20 (so I was told) but I got an estimate today and they said £200+ (I shall be getting a second opinion) and I decided to get in touch with the council.
You're blaming the council for something which you think they may have done with something that may be theirs but you're not sure about either of those things, both of which had to be true for the blame to be theirs?

Quote:
Originally Posted by All Systems Go
What is my legal standing seeing as I did not actually witness the incident at hand?
You should really be able to answer this yourself.

Last edited by MrL_JaKiri; 24 Nov 2006 at 10:13.
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Unread 23 Nov 2006, 22:56   #5
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Re: Legal Question, Insurance

The edges of the dent, were they 'sharp'* or 'soft'? A soft edge should be easy to pull back out and shouldn't take more than a few minutes, so fk me if that's worth £200.

*Like if it was broken and not conjugated?
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Unread 24 Nov 2006, 08:21   #6
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Re: Legal Question, Insurance

Quote:
Originally Posted by All Systems Go
2) What is my legal standing seeing as I did not actually witness the incident at hand?
Do you actually have any information to work with?

Go read your insurance policy
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Unread 24 Nov 2006, 11:22   #7
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Re: Legal Question, Insurance

you havent got a leg to stand on. You need to know exactly who did the damage firstly to pursue any sort of claim, merely thinking it was a council vehicle because you saw one nearby isnt enough Im afraid. Unless you have yellow paint around the damage, if so photograph it and take a sample for forensics and then pursue your claim with the council.
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Unread 25 Nov 2006, 10:22   #8
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Re: Legal Question, Insurance

Quote:
Originally Posted by Mitc

Your insurance company, provided you have a fully comp policy, may well class the damage as a 'no blame' claim and it won't affect your no claim bonus.


Good luck.

Its normally a No CLAIMS bonus not a No BLAME bonus. Most companies would reduce your no claims discount. Ultimately as others have said, without a witness there is not alot you can do about it.
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Unread 25 Nov 2006, 19:04   #9
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Re: Legal Question, Insurance

a, make sure u dont speak to your insurance company about this.. cos once u report it ... and its in writing .. you've lost your no claims, even if u dont actually claim for it :-(

whats your excess ? £50 ? £100 ? you will be paying that anyway .. so its worth claiming ?

did u go to a garage ? did u tell them it was an insurance job ? tell them it isnt .. the price may go down :-)
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Unread 26 Nov 2006, 18:13   #10
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Re: Legal Question, Insurance

If it were me I would:

1. Find some yellow council trucks and take a photo showing that they exist.

2. Find out what the yellow trucks do---street maintainance or whatever.

3. Would there be any of that sort of thing going on at the place that the yellow truck was seen?

4. If there would be anything for the truck to do at that location, contact the council and ask them if they had a truck in the area at about that time on that day doing that sort of work.

5. If you have paint transfers in the damage of the same color as their truck then they can look up which truck was working that area at that time. They can then check that truck for damage.

6. Make it clear that you are not trying to get the driver in trouble. "I'm sure that such a small bump with such a large truck would not have been noticible." sort of attitude.

It is likely that they would go ahead and pay the claim if there is damage to their truck and it appears to match the damage done to your vehicle. However, they might be protective of the driver, thus the disclaimer of being angry at the driver or wanting any action against him.

Several years ago I had an incident where a city truck was parked across my driveway when I came home. I parked on the street 25 feet or so behind the vehicle. I went into my house and about a half hour later heard a bang and went out. Sure enough there was a dent to the front of my vehicl. There was yellow paint in the dent. There was a storm drain nearby where the truck had been parked.

I called the City and asked if they had any trucks working on the drain and gave them a location. They looked it up and confirmed that they had indeed had a truck at that location at that time. (Governments like to keep these kinds of records.) They had the truck come back to my location along with a supervisor. The supervisor looked at the damage and paint transfers on my car. The supervisor looked at the paint transfer to their truck on a protrusion which was exactly the same height and shape as the damage to my vehicle. I indicated that I didn't want any trouble fo the driver though what he did in leaving the scene was a misdemeanor.

I received a claim form and it was paid promptly.
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Unread 1 Dec 2006, 19:19   #11
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Re: Legal Question, Insurance

Quote:
Originally Posted by Little Timmy
Its normally a No CLAIMS bonus not a No BLAME bonus. Most companies would reduce your no claims discount. Ultimately as others have said, without a witness there is not alot you can do about it.

My original comment was from personal experience. Obviously I did not insure my car with 'most companies' but with Tesco (every little helps).

The nice chap on the phone told me they have the option not to penalise a customer in cases like this, where the damage was clearly not the customers fault and the offender drives away. I guess it's a bit like the fund that WE (people who pay insurance) pay into as a % of our premiums to pay out claims caused by THEM (people who choose not to insure themselves).
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