Obvious 100% Liable, Insurance says 50/50

[dale1988]

Hi,

 

I'm looking for some advice as to where I stand on this issue.

 

3 Months ago I was at a Petrol Station filling my vehicle, I was parked in front of a gentleman already filling and paying.

 

When he returned to his vehicle and I went to go to pay, he drove between my car and the adjacent pump; scratching my bumper beyond the paint, and shunting my car forward.

 

I have gathered the CCTV footage from the forecourt, third party admits being present but denies 'crashing' into my vehicle - unfortunately the CCTV is facing forward (at the bonnet) and this collision occurred from behind, so although its blatantly obvious to any reasonable person what has happened, both my insurance and the third party are saying it is inconclusive. They have said I cannot use my witness as he was a passenger/friend in my vehicle, and there are no other independent witnesses as he drove so 'carefully/slowly' that no one took notice.

 

The CCTV shows me returning to my vehicle, driving behind the petrol station and then exiting the vehicle again to inspect the damage at the rear.

 

Does anyone what I can do now? I have 5 years NCB unprotected now tied up with this claim, and I'm left with a £500 repair bill.

 

Any advice would be much appreciated!

Thanks

[dale1988]

Footage here:

 

http://www.youtube.com/watch?v=QVl43pk6FYU&t=11m0s

http://www.youtube.com/watch?v=FDsGm3ZQ7as&t=11m20s

http://www.youtube.com/watch?v=HBTAt0m3WVc&t=1m50s

Edited August 27, 2013 by dale1988

[Ganymede]

Can you tell us what minute on the video we should be looking at?

 

Thanks.

[dale1988]

On the first video the 'bump' is around 11:01, the Volkwagen passat parked behind the White Transit van is the car in question.

 

Cheers

Dale

[Migster]

Can you tell us what minute on the video we should be looking at?

 

Thanks.

 

Deleted - missed reply from OP.

Edited August 27, 2013 by Migster
miseed previous post

[ericsbrother]

then forget your insurer and sue the individual concerned for the loss. Your friend is a witness, despite the insurer saying otherwise. They apply different standards so spouses, friends, neighbours etc dont count but the county court has no such rules. Name the other insurer as co-defendant.

[sailor sam]

Lol, loved the way you jumped the que! Mind you, the cars behind had an opportunity to use the pump so hey ho.

 

But seriously I watched it closely 3 times and I couldn't detect your car 'moving' as if it had been struck. Also, you did not seem to react in a way I would of expected had you had felt an impact while fueling. So to me, not blatantly obvious at all so i can't be a 'reasonable person' then.

 

If however it happened as you described then I would agree with Ericsbrother's advice and take the matter to court. But send an LBA direct to the third party warning him of your intentions. Suggest he sends a copy to his insurers as well. Also. you could of informed the police as the other driver failed to stop after an accident. RTA would apply to a petrol station as it has un-restricted public access.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Ganymede]

Lol, loved the way you jumped the que!

 

Me too!

 

 

I also agree with you that it is far from obvious what happened, the OP's car does not move and the OP does not react.