I hit a wing mirror while passing and didn’t stop who is at fault?

  • EddieGees's Avatar
    I hit a car’s right side wing mirror as I was passing. They then chased me and demanded that I take responsibility. I told them I hadn’t realised I hit their car and this is true because I had loud music playing, the air con up high and I didn’t feel the impact but I accepted responsibility as I knew I was at fault for not stopping and that it is hard to believe I wouldn’t have noticed. I find it hard to understand, however, given my position on the road at the time, how I hit their wing mirror if they were not pulling out. They deny they were doing this but it was a long line of parked cars all roughly the same distance from me and yet their car was the one I hit. We are not going through insurance but part of me wonders whether I should do this. I don’t think I would win and at best it would be 50/50 so would like some opinions. I guess also the fact it wasn’t reported at the time by either of us would carry a penalty. Thankyou for your advice.
  • 5 Replies

  • Best Answer

    Santa's Avatar
    Best Answer
    Your insurance policy probably says that you must report any incident, however small.

    But!

    Reporting it will undoubtedly have an impact on future premiums, regardless. You have to weigh up the cost of settling against the possible costs of putting it through insurance. Also, you should bear in mind that they don't want to involve insurance for the same reasons.

    Maybe try negotiating?
  • Traffico3's Avatar
    I hit a car’s right side wing mirror as I was passing. They then chased me and demanded that I take responsibility. I told them I hadn’t realised I hit their car and this is true because I had loud music playing, the air con up high and I didn’t feel the impact but I accepted responsibility as I knew I was at fault for not stopping and that it is hard to believe I wouldn’t have noticed. I find it hard to understand, however, given my position on the road at the time, how I hit their wing mirror if they were not pulling out. They deny they were doing this but it was a long line of parked cars all roughly the same distance from me and yet their car was the one I hit. We are not going through insurance but part of me wonders whether I should do this. I don’t think I would win and at best it would be 50/50 so would like some opinions. I guess also the fact it wasn’t reported at the time by either of us would carry a penalty. Thankyou for your advice.
    'Ooops, sorry. Send me the bill. This gives you time to haggle. Mind you. Repair costs can be out of this world.
  • TC1474's Avatar
    I hit a car’s right side wing mirror as I was passing. They then chased me and demanded that I take responsibility. I told them I hadn’t realised I hit their car and this is true because I had loud music playing, the air con up high and I didn’t feel the impact but I accepted responsibility as I knew I was at fault for not stopping and that it is hard to believe I wouldn’t have noticed. I find it hard to understand, however, given my position on the road at the time, how I hit their wing mirror if they were not pulling out. They deny they were doing this but it was a long line of parked cars all roughly the same distance from me and yet their car was the one I hit. We are not going through insurance but part of me wonders whether I should do this. I don’t think I would win and at best it would be 50/50 so would like some opinions. I guess also the fact it wasn’t reported at the time by either of us would carry a penalty. Thankyou for your advice.

    The law is quite specific when it comes to road crashes,

    Section 170 of the Road Traffic Act 1988 says

    "If owing to the presence of a motor vehicle on a road injury or damage is caused to a third party, then all drivers must

    Stop
    Exchange names and addresses of the owners of the vehicles
    Names and addresses of the drivers of the vehicles
    Registration marks of the vehicles involved"

    If it is damage only there is no requirement to produce insurance details to anyone, however in the event that these requirements are not complied with, then it must ne reported to the Police as soon as practicable but in any case within 24 hours."

    These rules apply regardless of who is at fault or is liable.

    However there is a statutory defence that the drivers would have to know that there had been a collision or damage caused in order for a prosecution to be successful.

    In your case, once you were made aware that there had been a collision, then both parties are required to comply with the law and then it is down to the insurers to determine liability.

    If you choose to come to a private arrangement with the third party, that is entirely up to you, but the legal obligations of section 170 remain.

    Even if you come to a private arrangement regarding settlement, just be aware that many third parties will try and add some extras on to hike the price to get more money out of you (Its called cash for crash, and I have dealt with hundred of these over the years) so just be careful..
  • Beelzebub's Avatar

    If you choose to come to a private arrangement with the third party, that is entirely up to you, but the legal obligations of section 170 remain.
    .... as does your contractual obligation to notify your insurance company. Failure to comply with that can have expensive consequences.
  • Traffico3's Avatar
    @EddieGees

    In a nut shell. 'YOU'. Sorry, but this isn't an insurance requirement. It is law.