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Thread: legal question- 50-50 fault accident, paying for damage?

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    Now with added sobriety Rave's Avatar
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    legal question- 50-50 fault accident, paying for damage?

    I had a wing mirror knock with an oncoming car earlier on a narrow road- I should have been going through the gap a bit slower, she shouldn't have been so far over onto my side of the road, so pretty much a 50-50 accident. My mirror wasn't damaged, just the glass broke on hers. The glass is under a fiver from German Swedish and French (it was a Pug 306 cabrio), or more like a tenner delivered, presumably it's not a hard part to get hold of. For the sake of a tenner I'm inclined to just pay up/ sort her out with the glass myself, but I want to know my legal position in case she starts playing silly ******s (e.g. it not being a genuine pug part). Am I responsible for the cost of the entire repair to her car (as she would be for mine had it been damaged)? Or is she reposnsible for the damage to her car? How does it work? Quick replies appreciated, I want to ring her tonight to make sure she doesn't do anything daft like pay £30 at a Peugeot garage and expect me to refund her....

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    www.5lab.co.uk
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    report it to yer insurance immediately or you might not be covered. if you dont claim you still keep your ncb. depending who was on the right side of the road (if there was a line) is probably where the blame lies. i believe you normally pay for the other person's damage in a knock-for-knock case
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    Now with added sobriety Rave's Avatar
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    No line in the road (don't be daft, this is London, the council would far rather put speedbumps everywhere than have useful stuff like centrelines on the road ). It was my mum's car and I'm on her insurance, will get her to phone up, cheers. Can't see that there'd be any reason to claim at all mind, even if it was £30 my NCB's worth way more than that.

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    Quote Originally Posted by 5lab
    report it to yer insurance immediately or you might not be covered. if you dont claim you still keep your ncb. depending who was on the right side of the road (if there was a line) is probably where the blame lies. i believe you normally pay for the other person's damage in a knock-for-knock case
    Careful with that... insurance companys will bump up your insurance if you tell them... regardless if you claim or not.. (evil buggers they are)

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    i'd be inclined to say that it was her fault for being on the wrong side of the road and that she should pay, if its only 10£ she can hardly scream that much...offer a good will gesture of fitting it for her

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    2 options IMO:

    1) hope she's sensible, and realises that getting both of your insurance guys involved is more hassle for both of you/costly in the long run, regardless of fault. Do not admit liability but offer to pay for half of the damage, as you like, as a good will gesture.

    2) if she gives any hint of going to insurance, go straight to yours - they will deal with her insurers better than you ever will. The two companies will bicker at each other, both trying to get the other to admit guilt, then they will eventually settle for yours paying for her mirror and hers paying for yours, even though you don't need it.

    option 1 is more desirable, obviously, but if she goes to hers then they will try and extract more than just the cost of the mirror from your insurers, who won't have a good defense if you didn't go to them early.

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    Now with added sobriety Rave's Avatar
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    Thanks for the replies and sorry to ask for a quick response and then not reply. My broadband is completely knackered at the moment.

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