# No NCT, but the other driver is liable



## Caroline123 (18 Apr 2007)

Hi,

My partner was in a very minor car accident 4 days ago. Another car reversed into him while our car was stopped. _He's insured as a second named driver on our car_. The other driver was definitely at fault. 

We got a quote from a local garage on getting the damage fixed. It's a few hundred euro (if we get the dint knocked out & sprayed, i.e. doing it on the _*cheap*_). On the other hand, if we get a "proper" job done of it(i.e. if we HAVE to go through the insurance company) and the parts replaced completely, it will be a LOT more expensive.

We explained this to the other driver who was happy enough to pay the few hundred (*at first*) when we gave her the quote. 
BUT, the following day she tried to _turn the bl_ame and say she isn't liable and wasn't going to pay?!!

We're not being unreasonable about it and simply want the car fixed up as we'd be lost without it! 

I'm worried that we won't be able to go through her insurance company in case it brings *our* insurance company into it (as we have no NCT at the moment AND my partner is on his first provisional & didn't have a full licenced driver with him).

Can anyone give us advice on what to do? And if we can actually claim off her insurance, how do we go about it? I've never been in a situation like this before 

P.S. I'd also like to note that there is little or *no damage* done to the other drivers car.


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## ACA (18 Apr 2007)

1st off I'd contact your own insurance company, they can help! Any assessor would be able to tell who was stationary and who was moving, based upon the damage. The fact that your NCT had lapsed is beside the point and for the purposes of this accident, not worth worrying about. 

If you were pursuing a comprehensive claim, it probably would have some bearing on any pay-out, (your own insurance company *could* argue that the vehicle wasn't road worthy to kick off with) and as yr partner is on a 1st provisional and not adhering to the stipulations of his licence, any accidental damage claim from your own policy could be declined.

How old is your vehicle? 

If as you say the damage is only minor to a 00 or older, I would try giving this woman one last chance. Ring her and state very nicely, that you are going to inform your own insurance company in the morning and let them take it from there, (that they'll organise an assessor straight away and have liability established in a heartbeat!), that you don't feel you're being unreasonable, you're not seeking thousands of € for personal injury or car damage BUT this has to be sorted out! 

If your car is newer, you can push a bit harder:- state (again very nicely) that if you were to pursue this claim thru her insurance you would be entitled to loads of things that at present you're not actually looking for - depreciation, inconvenience, car hire for repair time. Again, that you don't feel you're being unreasonable, you're not attempting to shaft her for oodles of cash - but that you are entitled to have your car fixed as she damaged it and if she would prefer, she can pay the garage directly. 

Did anyone else witness the accident?


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## Ravima (18 Apr 2007)

It this was a case where one car was damaged in rear and the other in front, then an assessor will not be able to say who hit who.


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## Caroline123 (18 Apr 2007)

The dint is at the SIDE of our car, although the front bumper got slightly damaged too.  So, the damage is to the front/side of of the car.


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## paulfree (22 Apr 2007)

tell her u have a whiplash but u would just like to settle quick,but if she wants u can go 2 the doc.she will pass a brick and cough the dosh.


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