liability

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My brother ran into his friend's car in a public car park. Is he liable for repairing the damage as apparently it was "cars parked at owner's risk"? Is the car park owner responsible? — by conrad — last modified 2008-07-25 18:01

My brother ran into his friend's car in a public car park. Is he liable for repairing the damage as apparently it was "cars parked at owner's risk"? Is the car park owner responsible?

Can I drive my friend's car on my comprehensive motor insurance policy? — by conrad — last modified 2008-07-17 21:46

I have fully comprehensive insurance on my car. In this situation can I drive my friend's car without adding my name on his insurance? Will my insurance cover me for that or do I need to inform my friend's insurers and get my name added on to his insurance ??

Whilst entering a fish and chip restaurant I slipped on the step and broke my leg. Is the owner liable? — by mariam — last modified 2008-07-10 22:36

I was at a fish and chip restaurant and after I had ordered my food I went outside as there's not much space inside. When the food was ready I entered the restaurant again and slipped on the step. I fell over and broke my leg and have been put in plaster for six weeks. Half of the step has some kind of metal cover on it and is slippery. Is the owner liable?

My daughter fell in a hole on the school field and broke her foot. Is the school liable for this and can I make a claim? — by mariam — last modified 2008-06-24 10:40

My daughter had an accident at her school when she slipped and fell in a hole on the school field and twisted her right foot hearing a crack. She was then told by a supply teacher to walk to the nurse's office despite informing the teacher that she thought she had broken her foot. I took my daughter to casualty where we were told she has broken the 5th metatarsal and the arch of her foot. Is the school liable for this and can I make a claim?

My 16 year old son crashed into our neighbour's van when moving our car on a shared drive: he obviously was uninsured so who is liable for the damage? — by conrad — last modified 2008-06-15 07:59

My 16yr old son decided to move a car and hit a van belonging to my neighbour. We told our neighbour that we would pay for the damage but were then told by the Police that we are not legally responsible for any repairs. However I have now received a formal letter from my neighbour's company saying that he will have repairs done by my preferred organisation but will reserve the right to have them done again if he is not happy. He quotes over £1000 for these repairs and states that he will invoice me for any loss of income whilst his van is being repaired. I am not friends with my neighbour but I appreciate we have to live in the same street so my offer was a moral, amicable one. I did not expect such a response from him! He's made me feel that I don't want to be friendly and pay for his repairs. As I have no savings and no cash and cannot afford repayments on a loan, how can I resolve this situation please? I currently have two grown-up sons who have lost jobs due to current economic climate and am struggling to make ends meet. My husband said that if we were hit by an uninsured driver, we would claim on our insurance!

Son permitted a provisional driver to drive in a private yard where he had an accident: has an offence been committed and who is responsible for the damage? — by conrad — last modified 2008-06-14 16:35

My son allowed a work colleague to drive his car in the private grounds of his place of employment (an industrial factory yard). His colleague's father owns the land and my son believed that the boy had his father's permission to drive within the grounds. The colleague only has a provisional license and obviously wasn't insured. However, rightly or wrongly my son believed he wasn't committing any crime by allowing him to drive his vehicle, due to it taking place on private land. The boy had an accident, damaging both the car and the building that they work in. Luckily nobody was hurt. Has my son committed an offence and is he likely to be liable for the damage to the building?

One of my employees has sustained an injury at work as the result of horseplay. Where do we stand on this issue? — by Maria Mason — last modified 2008-06-11 12:28

I am an employer. One of my employees has sustained an injury as a result of horseplay and he is now seeking compensation. I am not sure that we have failed in our duty of care. The persons involved are constantly larking around and this is obviously by product of their actions. Where do we stand on this issue?

I was injured when I went down a hole in the road on my bike. Can I claim against the Local Authority? — by mariam — last modified 2008-05-14 12:13

I went down a hole in the road on my bike last year. I suffered back and shoulder injuries as a result and am still having problems. I have been writing to the local authority, but they are not replying to my letters. On the one occasion that they did reply, they stated that they are not liable as they were not aware of the road defect. They said that the road was checked on 27th May 2007, my accident happened on 8th June 2007. The road would have taken longer than 12 days to get as bad as it was when I had my accident. I have photographs but didn't take any witness details, as I didn't think I would need them.

I have been summoned for a driving offence I didn't commit. What can I do? — by Maria Mason — last modified 2008-04-11 17:20

I am being summoned to court for a driving offence that wasn't me. The policeman involved apparently called the DVLA and said the person at the accident was me and I am being charged for not producing any documentation and no licence or insurance. However, I have evidence that it was not me - hotel letter stating I was in another city on the day of the accident and travel receipts. As I have just recently got my licence (November) I am worried that they will convict me and I need assistance

I was involved in an accident which was not my fault but my insurer has offered me less than the value of the vehicle and deducted £100 excess. Is this right and why are my insurer dealing with payment to me when the third party's insurers are liable? — by conrad — last modified 2008-03-30 13:13

I was involved in a minor incident whilst in a queue of traffic where the third party ran into the rear of my car. The third party admitted liability I rang my insurers to inform them with details. After numerous phone calls I have received a letter from my insurer telling me that the car is to be written off and that the book value is £385 of which I will forfeit £100 in standard excess even though my voluntary excess is Nil leaving me with £285. This is not enough to replace my car to an equal standard as market value is £597 for the same age and model. They have since told us if I accept the money I can buy it back for £70 but why should I have to pay out for a car which is legally mine and I was not to blame. Can you tell me if my insurers can do this as the accident was not my fault the other party has admitted liability? Can you also tell me why my insurers are paying me and not the third party's insurers and why should I lose the £100 and buy my own car back? Surely the third party's insurance should be paying all of this?

I was involved in an accident at a junction where the other driver pulled across my path and crashed into me: can you assist me in verifying who was liable? — by conrad — last modified 2008-03-24 03:55

I am after some advice as to where I stand legally following a car accident last Friday (14/03/08) and would appreciate any help you can offer. I was stationary at a crossroads as was the car opposite (both are minor roads). A lorry was travelling along the main road and stopped to let us go by flashing his lights. After looking at the car opposite I decided to make a move as he was stationary but unfortunately so did he. I was going straight ahead and he was turning right onto the main road. The junction where I approached at was going up a hill and the car that hit me was on a downwards slope. The crossroads are slightly offset but almost opposite. At the first instance I accepted (to the insurance company) that the accident was 50 50 and both parties were to blame. I have now heard back from my insurance that the other driver is claiming that I was at fault – Is this true? I have found a few statements online from learner driving sites stating the fact that drivers turning right from minor roads at a crossroads should give way to those going straight ahead or turning left as they are travelling it their path. Could you let me know if this statement is true please as I can’t find anything in the Highway Code? The other driver hit my car in the front driver's side in the corner and the repair garage has estimated the damage at £4680 (almost certainly a write off for a 2002 Citroen saxo). This then pushed everything inside the engine backwards at a rightwards angle. I’m worried that he will use this fact to say that he was on the road first and so I should have waited for him – Would it be legally viable to say that even though the damages would suggest this the fact, he was going down hill and pulled out very quickly and had hardly any damage to his car and I was going from stationary uphill and so could it be proved that we did leave the same time meaning that if the statement in the last paragraph is true then he is at fault? I’m worried about the fact that the lorry driver stopped and offered her name as a witness but found out from the other driver that they know each other and work for the same firm. Would this witness’s statement still be taken into account? I have to send photos and a report of my account of the accident to my insurance and so would really appreciate any help you can offer before I send this letter.

Had an accident which was my fault but have since discovered that I didn't have an MOT: will this void my insurance? — by conrad — last modified 2008-03-15 18:35

Whilst pulling out of a petrol station I hit another car. I am liable for my claim and have admitted this to my insurance. I stupidly didn't realise until I got the letter from my insurance company that I haven't got a current MOT on my car! Will this mean that they are not able to pay out on my car as it has just been declared a write off?

Uninsured driver had an accident while driving my car which was insured: are my insurers liable for the damage and what will happen if they are? — by conrad — last modified 2008-03-11 22:35

Someone who was uninsured had an accident whilst driving my car - which is insured. I gave them permission to drive. Am I liable? Or is this 'not my matter'? It is a non-injury accident, the driver is 100% at fault as they hit and damaged an old car which was parked by the side of the road. As the driver is uninsured the other party's insurance company is coming after me.

Being pursued by solicitors acting for Motor Insurers' Bureau for accident which was my fault: what options do I have? — by conrad — last modified 2008-03-07 22:51

I was involved in a motor accident in Jan 2006 and at the time I was uninsured. I hit a driver from behind and I am now being pursued for over £6,000 in damages and personal injury from solicitors acting for the MIB. This was over 2 years ago and I haven't got this sort of money. Do I have a case to defend?

Driver's partner had a minor accident but insurer are now demanding a copy of his licence which has points he hasn't declared: if he does not supply it might they invalidate his policy? — by Conrad Murray — last modified 2008-03-05 15:01

I have a motor insurance policy with my partner as the named driver. I have a recent 3 points for mobile phone use and have not declared this to my insurers. My partner had a slight accident which she says was not her fault although the other party disputes this and there was no damage to our car. The insurance company now want a copy of my licence (not hers). I am not sure why as I wasn't driving. Should I just send her licence as she was the driver? I was going to just send them a copy of my licence which is clean and hope they don't check. After all, I wasn't involved. Will they invalidate my insurance if they find out and would my partner get done for 'no insurance' in those circumstances?

Driver stopped in middle of road as if about to turn right but as I passed on his left he set off again running into the side of me: who is liable? — by conrad — last modified 2008-03-03 17:55

I have been involved in a minor accident with a van. I was following the van down a clear, straight 30 mph road. The van was driving erratically, at around 15mph. I am not sure if the driver was lost, looking at a map or using a phone, but appeared to be somewhat distracted. He then moved over towards the middle of the road, with his offside positioned along the dividing white lines on the road, and came to a standstill. He was positioned as if he were going to make a right turn, but had no indicators on. As I approached him, I was unsure of what he was doing, but as he was stationary I needed to pass. So I decided to thread my way around the left of his vehicle. I would not have been able to pass to his right without driving on the wrong side of the road and risking a collision if he were to turn right. As I was passing on his left, without signalling, he then moved off again and turned to the left, to pull off the road altogether. I sounded my horn and tried to evade him but the nearside corner of his van struck the offside rear of my car as I swerved around him. The van was not damaged (other than minor scuffing to the bumper) but my car has suffered minor panel and significant paint damage. His claim is that it is my fault for undertaking. While I accept I was certainly passing on the left, I was not aware this is illegal if the path is clear and other traffic does not have to deviate to accommodate my manoeuvre. My feeling is that he was stationary and when deciding to pull off to the left, should have checked his mirrors and signalled left. This would have allowed me to judge what he was doing and have stayed behind him. The van driver did not want to exchange insurance details, so all I have is the registration number. I would greatly appreciate some advice as to who would be legally liable for the accident and how I should proceed...

Son (13) ran into car with golf buggy in golf club car park: are his parents liable even though they were not supervising? — by Conrad Murray — last modified 2008-03-03 00:55

My son, who was 13 at the time was given keys by other kids to a golf buggy. They were playing on them in the Golf Club car park but it was my son who drove into a parked car (not in a designated parking space).Their insurers are trying to sue us for the damages. We were not on the premises at the time and the kids were there on a cadet day, when they are allowed to be there without supervision from their parents or guardians. Where do we stand?

Recently involved in minor accident which was not my fault but my insurers are unwilling to fight my corner on liability: how can I ensure I am not held to blame? — by conrad — last modified 2008-03-02 20:16

I was recently involved in a minor roadside accident where on exiting a roundabout, two lanes merge to one. I was using the outside lane and the third party was attempting to undertake me on the inside lane when he collided with my car, hitting my car on the passenger side with his front driver side wing and front wheel leaving tyre marks, dents and scratches all down my side from bumper to middle of passenger door. I am unsure as to whether the impact was passenger door to bumper or vice versa. At no point though was he ahead of me. There was an independent witness at the scene who was behind me at the roundabout in my lane. He stated that the third party came speeding around the roundabout, overtook him then cut across him and attempted to undertake me at the exit of the roundabout. He was of the opinion that the third party was most definitely to blame. I have only got third party fire and theft insurance without legal expenses cover. I have been told by the third party's insurers that he is not admitting liability. My insurers tell me that to challenge this I would have to foot the legal expenses on my own as I do not have legal cover. Does this mean that my insurers will accept a claim against me just because I do not have legal cover to argue liability? I hope not as it will affect my NCD, and more to the point I feel I was not liable for the accident. Please could you advise me what I should do? I have heard of ATE cover, In our case there were no injuries, I don't know about the third party. It would be nice to have the damage to my car repaired but more importantly I don't want to held to blame for an accident that was clearly not my fault. Also my insurers did not contact the independent witness but passed his details to the third party's insurance. Is this normal? Surely it would not be in the third parties insurers interest in doing so?

Hit and run driver crashed into our parked car in the night pushing it into neighbours vehicle: who pays for the repairs? — by conrad — last modified 2008-02-26 01:08

Two weeks ago whilst my wife's car was parked unattended outside of our home another vehicle ran into it, and in doing so pushed it into our neighbours causing some damage to it. My wife's car is a write off. The vehicle that actually caused the accident drove off and did not stop. The Police were called and attended and issued us with an incident number. Our neighbour is insured by the same company as ourselves. The insurance company have telephoned us twice to date trying very hard to get my wife to admit to being liable for the causing the damage to our neighbour's car. She has refused to admit liability as she was not driving the car, and believes she would be lying to say that she was. They say that in doing so she is in contravention of the 'Road Traffic Act', but were unable at the time to state which paragraph or section that may be. Are they right in this or are they, as we suspect, just trying it on for some purpose of their own.

My wife touched bumpers witha car whilst parking causing minor damage but the other person insists on going through their insurance and having some unrelated damage repaired as well... — by conrad — last modified 2008-02-19 22:38

My wife touched bumpers with another car whilst parking on Monday. She got out and did not see any damage, neither did a passing witness ( unfortunately she did not get details ), however the other car driver became quite agitated and 'didn't care' if there was no damage - she wanted to exchange details. My wife did so and received a call Monday evening from the TP driver ask to confirm our insurance, and stating that she wanted some other damage on her car repaired at the same time and it was going into the garage and a courtesy car would be provided. I went with my wife to the TP address and examined the car to find a small, 10p sized, scuff to the coloured bumper. The height of the damage matches our car bumper so it may have been caused by her. We discussed paying directly for the damage to be repaired and suggesting a mobile repairer, but again the TP insisted we were too late now, she had already contacted her insurance, and wanted her car fully repaired - including some old damage on the opposite side as she was trading it in. I saw no point in discussing it further. I phoned a 'car medic' type company who estimated a repair cost of £95 to £125 for a mobile repair to the bumper. I do not want the claim to go through our insurance due to the low amount and I intend to write to the TP including a cheque for £125 to enable her to use a mobile 'car medic' type company to repair her bumper at home without excessive garage costs. Is there anything I should include or exclude in my offer letter? Also if the offer is declined and the TP insists on a garage repair via her insurance would we be liable for any higher costs that might result despite the fact that we offered to put her car back into the condition it was in before the accident.