Third party lied after an accident that wasn't my fault - what can I do?

My 76-year old wife was driving along a street when the driver of a parked car flung the door open, causing considerable damage to both cars. There was a witness, a local policeman who helped my wife to phone her insurance, and subsequently the AA. To my surprise, our insurers Ageas informed us that the lady responsible for this incident had taken an agent and that they concocted a totally different scenario of the crash. Her insurers, Rias, suggested paying the claim on a 50/50 basis, also covering the guilty party’s excessive car hire charges. We used the payoff to repair the car. Is there anything else we can do?

Asked on 22 September 2012 by GP, Pinner

Answered by Honest John
The only way you can deal with this is to sue the other driver for the damages of your actual loss, which will include increases in insurance premiums for five years to come and the diminution of your car, which is now classed as a 'Category C' write-off. You can do this via the Small Claims track of the County Court.

Inform both insurers that you propose to take this action. The other party may have lied to her insurer, but she is unlikely to lie in court and risk prison for perjury.
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