Car accident claim - probable outcome?

I'm looking for some UK insurance advice please. Whilst driving down a
narrow country lane at the weekend I saw a car fast approaching from
the opposite direction. I pulled over to my side of the road and
stopped my car to let the other car pass. The other driver however did
not slow down nor move over and he struck my driver side wing mirror
with his mirror, breaking both the mirror plate and the plastic trim at
the back of the mirror on my car. His mirror showed no obvious damage.
We swapped insurance details, although I had to threaten to call the
police before the other driver would tell me anything.

Both of us have notified our insurance companies that there was an
accident. I haven't made a claim yet, and I don't know if the other
driver has either. My question to the group is this;

I was stationery at the side of the road when the other car struck
mine. My car was out of gear and had the handbrake on. I believe this
makes him entirely responsible for the accident. If I make a claim
against the other driver for the accident repair costs, what is the
likely outcome?

I am insured third party for the car I was driving. The cost of the
whole repair to my car is likely to be around =A350 so it's not a big
deal, but I want the other driver's insurance company to know he's a
risk to himself and other drivers.

In a previous accident many years ago I ran into the back of another
car who had emergency stopped in front of me as we both entered a
roundabout. The driver had been distracted by a spider in his car! I
was found liable by the insurance company though as they said that in
all such accidents the driver of the car approaching from the rear is
responsible for keeping a safe distance. An open and shut case. I
would like to believe that if this is how insurance companies think,
then an accident involving one car that is stationary at the side of
the road and another car that is driving should be the fault of the
driver of the moving car. Am I right?

Many thanks,

Jo

On 22 Feb 2005 03:04:04 -0800, wrote:

>I'm looking for some UK insurance advice please. Whilst driving down a
>narrow country lane at the weekend I saw a car fast approaching from
>the opposite direction. I pulled over to my side of the road and
>stopped my car to let the other car pass. The other driver however did
>not slow down nor move over and he struck my driver side wing mirror
>with his mirror, breaking both the mirror plate and the plastic trim at
>the back of the mirror on my car. His mirror showed no obvious damage.
> We swapped insurance details, although I had to threaten to call the
>police before the other driver would tell me anything.
>
>Both of us have notified our insurance companies that there was an
>accident. I haven't made a claim yet, and I don't know if the other
>driver has either. My question to the group is this;
>
>I was stationery at the side of the road when the other car struck
>mine. My car was out of gear and had the handbrake on. I believe this
>makes him entirely responsible for the accident. If I make a claim
>against the other driver for the accident repair costs, what is the
>likely outcome?
>
>I am insured third party for the car I was driving. The cost of the
>whole repair to my car is likely to be around £50 so it's not a big
>deal, but I want the other driver's insurance company to know he's a
>risk to himself and other drivers.
>
>In a previous accident many years ago I ran into the back of another
>car who had emergency stopped in front of me as we both entered a
>roundabout. The driver had been distracted by a spider in his car! I
>was found liable by the insurance company though as they said that in
>all such accidents the driver of the car approaching from the rear is
>responsible for keeping a safe distance. An open and shut case. I
>would like to believe that if this is how insurance companies think,
>then an accident involving one car that is stationary at the side of
>the road and another car that is driving should be the fault of the
>driver of the moving car. Am I right?
>
>Many thanks,
>
>Jo

I know nothing about British insurance; I'll say that right up front.
From your description it sounds as though there were no witnesses
except yourself and the other driver. If this is so, it comes down to
a "he said, then he said..." thing.
Certainly, since you've already told your insurance company about the
incident, it should cost you nothing to discuss this with them again,
asking them the same question.

--
Bill Funk
Change "g" to "a"