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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice.
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Unfortunately I reversed out of a car park space (after

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Hi, unfortunately I reversed out of a car park space (after looking all was clear) and as I edged out, a car shot past me at very fast speed and the rear of my car hit his back passenger door. I immediately stopped and pulled back into my space expecting the other driver to have stopped and be walking over. However, he drove off!! A person stopped in his car and asked if I was ok and said "I've just had to slam on too coming out of my space, as he shot past me so fast!"
I looked around the car park but there was no sign of the other car/driver (it is a large car park). I was pretty shaken up so rather than drive off I decided to go up to the store to see if they have cameras as I was very wary of driving off. The store advised me the cameras are owned by the council. I returned to my car and was waiting for husband to meet me when suddenly the man in the other vehicle walked over to me saying "you've just hit my car!" This was 20 minutes after the accident!!! I could very easily have left by this time if I wasn't so shaken.
So I now need to know whether to settle this privately as there is damage to both vehicles of similar amount (approx £450 each) but he is saying it's all my fault and I need to pay half of his repairs and he's not bothered about mine as it's my fault?!
I have an independent witness who can confirm he was speeding and also confirm he drove off so it feels extremely unfair I end up paying partly for his vehicle and he gets away with speeding and driving off.
Any advice would be great, thank you.

Have you told your insurers?

Customer: replied 5 months ago.
I have advised them as a matter of courtesy but explained I may deal with it privately.

What are your premiums like?

Customer: replied 5 months ago.
I have very good premiums (£22 per month) I have been driving many years and have maximum NCD protection. I know I won't lose any NCD if I claim but I know my premiums will probably go up for the next few years as at the very best, ***** ***** it would be deemed 50/50 fault.
Customer: replied 5 months ago.
The main thing for me is to know whether to go privately to settle, knowing he will then not answer to his speeding or driving off from a scene of an accident or if I go through the insurance, will he then have to answer to those two things? I don't want to claim through my insurance if he can still get away with speeding and driving off.

Well, the question is really one of premiums.

If you can repair this cheaply then generally speaking you want to avoid claiming upon insurance. It will have an impact upon premiums.

That will be the case whether or not you are vindicated.

It depends how strongly you feel about this.

I think I would be trying to settle it privately in your circumstances.

Can I clarify anything for you?


Customer: replied 5 months ago.
if I settle privately, it means the other driver gets away with leaving the scene and speeding? It seems very unfair to me considering he's trying to put all the blame on me. Can you advise as to how the settlement in this type of incident would go? I feel we should deal with our own damages but he's adamant I pay half of his.

Yes, it does.

The question really is whether or not you are willing to accept a pyrrhic victory.

If you go through insurance, you can report it to the police and he may or may not be prosecuted but your premiums will increase.

If you settle privately they will not.

Ultimately if he won't agree then he won't agree. You can't force him to.

If that is not acceptable then you can only report it.

Negotiations only succeed if both sides are wiling to agree.

Customer: replied 5 months ago.
Ok, Thank you for your help.

No problem and all the best.

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