Outsurance Claim Refuted when I am the innocent party

My Outsurance Claim No. ********** 05

Another Outsurance client collided with my parked vehicle. The client apologised as he thought the parking bay was vacant next to him (clearly it wasn't anymore as I was parked inside of it) He reversed and collided with the right rear of my vehicle I decided that it will not be necessary to claim through my own policy at this will be resolved internally and it is a straight forward matter - I was parked and stationary at the time. Was I surprised when I received a refute from Outsurance - Brian Armitage informed them that the parking was vacant and I entered the parking at a hell of a speed (but he did not see me). After the accident happened he told me that he did not see my car in the parking as it is a small and very low car - he drives a Toyota double cab. I sent an independent witness contact details and even after confirming the merits of the accident with the witness they still think that I am liable and the sole cause of the accident. Take note that the other party reversed without keeping a proper look-out and my vehicle was parked - how was I supposed to avoid the accident???? _____________________________________________________________________________________________ Below is my repsonse to their refute and they are still not willing to settle for my damages - next stop: Will claim for the damages directly from their client; summons to be issued - Why must my policy be effected if I was not the guilty party???

Good day, I must say I was very surprised at your email I received yesterday and quite upset about it as Brian was very apologetic and sorry that he did not see my car cause it so small and low: and not to worry as he is insured and now you are informing me that he is denying liability – very very disappointed that Outsurance would go on assumptions of the other driver:

1. Brian assumed that there was no car parked next to his vehicle – it is a parking lot and people are allowed to park inside a parking bay which is vacant. He was wrong, as I was parked there. And he thinks that I entered the parking at a speed? He did not even see me, so that is another assumption. 2. He was parked in the 3rd bay when I entered the parking and I parked on his left in the 4th bay – his vehicle is a big bakkie and he was parked with the tyres of his vehicle almost against the pavement – with the nose of the vehicle over the pavement. My vehicle is a Mercedes SLK200 – which is a very low flat car; I cannot unfortunately park the same way as other vehicles and have to stop in front of the pavement as not to damage the front of my car, but I never thought that Outsurance would go on assumptions and not look at the circumstances of the accident. If Brian got into his car on the left – he would have noticed my car. Am I being penalised for the type of car that I drive?? 3. He got into his car on the right hand side and did not walk around his car first to make sure that before he reversed out of the parking, that there was still no car next to him when he started reversing. He definitely did not look around him before he started reversing. It is a parking lot after all – and any normal person would reverse straight out of a parking instead of immediately turning his vehicle – especially if they are not sure of their surroundings and also if they are in a hurry. 4. He did reverse at quite a speed – and not just assuming the fact, as I saw him reversing so I can confirm that he did not exit the parking at a normal speed. 5. When I entered the parking lot and the parking bay, there were no reverse lights on at the time (unless the lights are not working) – he immediately turned and at the time, my car was switch off and I had my car keys in my hand - I was busy taking my wallet out of my bag which is underneath my seat and I just saw this headlight right next to my window and I knew that he was going to smash into the rear of my car. 6. If he was reversing while I was entering the parking the damage would have been to the front of my vehicle and I would have bashed the left side of his car. 7. My car was switch off at the time – I had my keys in my hand and my feet was off the brake as the hand-brake was up already. And this I can confirm, cause I do exactly the same thing every day; I move my legs and feet in order to get to my bag which is under my seat and the minute my car is switch off, the seat moves back and my feet are not on the brake pedal anymore.

Please see google map image of the place of accident:

Brians view coming from Pick ‘n Pay (used to be Kilburn Spar) – my car was parked in the 4th parking on his left hand side – he got into his car on the right hand side. It is a parking lot, surely people are allowed to park inside parking bays?

This was his position of his vehicle after the accident – he just turned so sharp as he started reversing and there was nothing I could do to even warn him.