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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Good Morning, I am being pursued for damages to a car which

Resolved Question:

Good Morning, I am being pursued for damages to a car which I scratched whilst manouevering in a private road where I was working and had parking rights. The car owner said they were entitled to park there, but it later transpired, and they admitted, that that was a lie and they had not right to be parked in a private 'residents only' roadway, which I assume constitutes trespass.
A friend of mine who is a policeman informed me that the police would not be interested in the matter as it is a civil case as on a private roadway. However, do usual vehicle insurance claims pertain to damage caused on private property and do the usual procedures follow, or is this in fact a civil case for a small claims court?

Many thanks,

James Meek
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello James,

Yes, your insurers should cover you for the cost of repairs to your car even if it is damaged on private land if you have comprehensive cover.

You should speak to your insurers about this incident.

Hope this helps



Expert:  UKSolicitorJA replied 3 years ago.
Apologies, I note that the damage is to the other person's car, your insurers should pick up any claim for damages from the other person.

As for the right of that person to be there or not in the first place, this is a separate issue I am afraid and does not mitigate or bar any claim from them against you for damage to their vehicle.

Hope this clarifies.
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Customer: replied 3 years ago.

Ok thank you. I think my last question was preceded by your recent additional comment which answers my question. Seems unfair that if they hadn't been trespassing, they wouldn't have suffered damage, but then "life isn't fair" I guess.


 


Thanks for your help.

Expert:  UKSolicitorJA replied 3 years ago.
Welcome.