Hoping someone can help:
Mates brother had his car parked at the roadside and another car (parked) rolled into it. Owner of car says he left the car unlocked and someone must have got in and taken off the handbrake. He is refusing to co-operate, and his insurance company say it's not their problem as he wasn't driving the car. It's only

 

Only

 

Cheers that was kinda my thoughts just after some back up

 

did he take pictures of the accident?? and do you really believe this guy actually contacted his insurance.. sounds like he made it up to give a quick brush off.. even if the guy is not driving..the insurance is still responsible for the car.

 

Same thing happened on a car i had but the handbrake failed completely (released itself).. Yeah I know I should have left it in gear...

My insurance comp (flux) were willing to settle however the manufacturer accepted fault and repaired both vehicles.

Either way I think the insurance comp should cover the other driver - irespective whether he was or wasnt in it they would cover the claim - sounds to me like he just doesnt want his claims affected.

 

I doubt very much that someone would have broken in and just let the handbrake off. Why would they? This then begs the question... Did the owner leave the car unlocked and unattended? If so, surely his insurance company would not be best pleased.

It would have been wise to have gotten the plod involved then at least there would have been a valid need for insurance details to be made know. Taking pictures also seems to be a must nowadays as no one ever seems to want to be accountable anymore (stops before major rant ensues!).

I would try and pressure the other guy more.

Best of luck for your mate.

 

must remember to buy a couple fo disposables to put in our glove boxes.

 

his ins co is fully liable. Approach him one more time and tell him that you have been in touch with your own ins co. and they are filling to get the claim going but wanted to see if he wanted to settle without this. If he doesn't play ball make a claim. Don't accept reduced compensation from him or even an offer to get it fixed from someone he knows as the repairs carried out through the ins co will have a three year or liftetime warranty on the work done.

 

In agreement with some of the suggestions above, I would say let the insurance companies deal with it - incidentally I work in insurance(although not car insurance). In any event, your mates brother will be under a duty to advise his insurance company of any event which could possibily give rise to a claim, and therefore he should tell them about it asap if he hasn't already done so.

The 2 insurance companies themselves will then negotiate with each other, and it will depend to a large extent on how both policies are worded, and the relationship between the insurers.

So(assuming) your mates brother has a comprehensive policy, then at least someone, will be liable for the loss - little consolation for your mates brother if he needs to make a claim on his own policy, but I'm in no way suggesting that this is the likely outcome as it could well turn out to be covered by the other guy's policy, only that it's a possibility - in which event there will be plenty so scope for appeal against any loss of NCB.

Let us know how he gets on.

 

rahul is right

it's why you have to have insurance whenever a vehicle is on the public road, irrespective of whether you are driving it

just imagine if 'the handbrake failed' and it crushed a child between two cars. no liability - I think not.

if the car rolled off your driveway (no need for it to be insured there) and onto the road, where it becomes an uninsured vehicle, you could easily be prosecuted for no insurance and would risk personal liability (as the owner)

more likely the other driver is uninsured completely.........

now your mate's brother may still have a problem if the other driver refuses to file a claim - in which case he may need to go down the small claims route to incentivise such action