I have had a letter from an insurance company saying that I caused damage while in a carpark to another parked car. I was in the carpark but I know 100% I did not cause damage to another car. How do I prove this- or what proof do they need to produce to verify that it was my car that caused damage to the other vehicle?
Accused of damage to another car while in the car park
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Best Answer
09-09-24 12:30Best AnswerGo back to the author of the letter and ask 3 questions.
1. Where in the car par was the damaged vehicle located or stationary and at what time is it alleged to have happened.
2. What evidence or proof does the insurance company has allowed anyone to attribute the damage to you?
3. If they have not already told you, what is the extent of the damage to the 3rd parties vehicle and if needs be ask them to produce photographic evidence so you can compare where the damage is to where your vehicle might have caused that damage.
Once you have those answers, you can determine if in fact you are liable. Where you in that location in the car park at the times alleged, and is the evidence they have sufficient to confirm that the damage was caused by you? The insurers cannot take it on hearsay, they have to have a degree of substantial evidence to be able to hold you liable.
The burden of proof is lower in civil law than in criminal law, but they still need to show on the balance of probability of 51% or better that you were liable, so evidence is required.
So don't just accept it, ask the questions and then if needs be speak to your own insurers. -
09-09-24 13:24OP, read your policy docs. You are almost certainly required to notify your insurer immediately of any claim against you, and maybe to pass the letter to them unanswered.
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09-09-24 16:08@TC1474 I was definitely in the car park- thats not not disputed. The damage happened whilst parking apparently - as the car was parked stationary next to mine. It was definitely not me- so it must be a case of mistaken car indentity. Afterall other cars must have parked next to the vehicle concerned. Surely they need to provide CCTV from the car park? Its a massive shopping complex so ther will be cameras.
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10-09-24 09:26
The bigger supermarkets do have CCTV, and so you would think that the third party insurers would have asked for a copy.
Ask them if they have CCTV and ask to see it before you say anything further. Better still, speak to your insurers tell them what happened by passing on the original letter of claim and let them deal with it, but tell your insurers that you are denying liability until you see confirmed proof that you were responsible.
