Minor Car Accident

Information and questions about the Law in Spain and Andalucia.
pensure1988
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Minor Car Accident

Postby pensure1988 » Mon Feb 21, 2022 11:00 pm

Legal Opinion

A lady friend age 75 was reversing her car into a parking place recently on the opposite side of the road. She was doing 2 miles an hour when she bumped a Car's Number Plate behind her. This Car was on the wrong side of the road to start with . My Friend's Car has no damage to the her number plate but yet the other Party's bonnet catch does not open and the Engine is making a noise . How is is this possible. The other Lady did not have any insurance papers in the Car or a Mobile Phone with her. Before my friend could photograph this old banger of a Car , I believe, she drove off saying I am late for an appointment. This Lady with her Boy Friend has been around to my friends house three times already harassing and intimidating her & threatening to call the Police for a minor incident. When my friend and her friends tried to look for this Car around the area , it was no where to be found. We do not know if even has a Legal ITV on it. Her Insurance Company is now claiming damages against my friend's insurance company. I think this is a scam and maybe the other lady has done this sort of thing before. What do other forum members think and will this other lady win with her insurance claim!!!!

Thank You

David

Pamela1
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Re: Minor Car Accident

Postby Pamela1 » Mon Feb 21, 2022 11:39 pm

I see Spanish parking in the tightest of spaces, knocking bumper to bumper, no one seems to bat an eyelid..or maybe because it's not their car which is being knocked about..:lol: Can't understand why they have been around harrassing your lady friend if they have already put it in the hands of their insurance company..I wonder if they are trying to scare her so that she offers them money just to get rid of them..Maybe it's your friend who needs to contact the police and tell them she is being harrassed.

Cádiz
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Re: Minor Car Accident

Postby Cádiz » Mon Feb 21, 2022 11:50 pm

It seems it is likely a try-on for your friend to offer cash... Does your friend have the number of the car... Do not offer any money...
It seems your friend clearly at fault if she hit the car... she has no way of knowing if the car was damaged already...
The insurance company will sort... if they have no insurance they will not want to go this route...

Unicorn
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Re: Minor Car Accident

Postby Unicorn » Tue Feb 22, 2022 12:34 am

I was involved in an incident the other day. I was driving up a narrow street with cars parked on both sides at about 8pm. There was a thud in my car and I stopped immediately. My mirror passenger side had slammed inwards. It seems I had touched a parked car back passenger door which the driver could no longer shut. We all had insurance papers, filled in a form. She phoned the police but they were not interested.
I had not seen an open door so thought that she had simultaniously opened the door without looking as I passed.
Anyway, I went to see Mapfre and they passed it to head office. HQ called me and I said that is what I think had happened, obviously had seen no open door, but had no camera on board to verify this.
Anyway, the upshot was that the insurance companies decided it was her fault and nothing on my insurance and her insurance will pay for the slight scratch on my car to be painted. And I guess will repair her car as well.
I suggest your friend throws herself on the insurance companies' mercy. The assesor will be able to tell if her car could have done the damage or not. If she is being harrassed report to the police, offering cash seems a bad alternative to me. Let them call the police, she is not going to jail for that, is she? In fact, maybe she should call the police to stop the harrassment.

By the way, the other driver did try to call me a few times but I replied saying my insurance comany said I should not speak to her.

pensure1988
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Re: Minor Car Accident

Postby pensure1988 » Tue Feb 22, 2022 7:33 am

Hi Cadiz

Thank you for your comments. No she does not have the Registration Plate of the other Car. The Lady Driver always runs away before my Friend can locate the other Lady's Car. Very suspicious if your ask me.

David

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Wicksey
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Re: Minor Car Accident

Postby Wicksey » Tue Feb 22, 2022 10:07 am

I would say it's in the hands of the insurance company and if they call again she'll call the police. It must be very worrying for your friend as this obviously seems to be a scam.

As Unicorn says, the insurance company assessor will want to inspect the damage to the car before approving it. I've had a few minor bumps here (none of which were my fault) and in every case the assessor has insisted on seeing the car before letting the repair go ahead. In each case the insurance form had been completed and signed by both parties as well. I would get your friend to make a report to her insurance company of the full circumstances and the fact that she is also being harassed.

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costakid
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Re: Minor Car Accident

Postby costakid » Tue Feb 22, 2022 10:46 am

Next time they call insist on seeing the car papers and take a copy of the registration document or at least the reg number. Do Spain have the ASK MID system that we have in the UK? That tells you immediately if the car is insured. Sounds like a scam to me. Surprised she hasn’t got whiplash.

markwilding
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Re: Minor Car Accident

Postby markwilding » Tue Feb 22, 2022 11:56 am

Most insurance companies will have their own preferred places to deal with repairs. A photo of any damage will need to sent, taken by the repair shop, and they will usually check for rust to see if the damage was recent. You friend just needs to tell them that it's being dealt with by the insurance company.

Cádiz
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Re: Minor Car Accident

Postby Cádiz » Tue Feb 22, 2022 1:18 pm

markwilding wrote: Tue Feb 22, 2022 11:56 am Most insurance companies will have their own preferred places to deal with repairs. A photo of any damage will need to sent, taken by the repair shop, and they will usually check for rust to see if the damage was recent. You friend just needs to tell them that it's being dealt with by the insurance company.
I will add to this... i think she should say the insurance company cannot deal with this until the damage is assessed..

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Re: Minor Car Accident

Postby qe2ex » Wed Feb 23, 2022 6:41 pm

Have your friend take photos of her own car also as soon as possible. Hopefully they have not tried to add subsequent damage to her car in order to validate their own claims.

Other than that I will only echo your own and the other opinions here: tell her to not involve herself with them at all except to tell them it is being handled by her insurance company and she cannot do anything more. I am guessing the problem is that she's elderly and these scammers are younger and intimidating though, so it's of course not so easy for her to do that alone. Next time they threaten to call the police, I would suggest she calls the police herself and tell them these people are making her scared, they keep coming back to her, and she worries they will become violent. Doing that in front of them may make them stop coming back. Hopefully police will understand the situation.

pensure1988
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Re: Minor Car Accident

Postby pensure1988 » Thu Feb 24, 2022 10:01 pm

Good Evening

I thank all the Forum Posters here for all their helpful comments and support which has all be noted for future use , if needed.

David


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