If he was driving and using his phone to talk to his boss you should have called the police. They would have checked his phone and he would have been done for using a phone while driving and they would have blamed him for the accident.

You could always have a chat with the police, They might be able to get details from his Mobile service provider about calls and times of the calls.

You could try driveassist / sytnerdrive or a similar claims company where you are indemnified of any liability to the cost of repair/hire car. I too installed a dash cam and got gently hit up the back.

It shows me stood in traffic for 20 seconds then a sudden jerk and then pulling onto the verge which was useful.

I also always get my phone and take a photo of my car and theirs and then sneaky ones of the driver/location/situation.

Edited by Hamsafar on 11/11/2014 at 10:46

Thanks...

Will start to put together a letter to the insurer, just denying liability on a rear shunt as your client says so just seems weird to me [but i guess it's their job to do that]

Dear Jon Smith, sadly this situation of the guilty party changing their story to wriggle out of any responsibility and blame you, is all too familiar. It has happened to me and one of my Sons - both minor collisions in the same Supermarket car park. My insurance company chose to accept liability for damage to the other drivers car as they lied about how the collision happened, placing all the blame on me when in fact they drove across an empty car park at 45 degrees and came from behind me, in my blind spot, just as I was moving off from my parking space. I protested but was told it was considered to be only a small claim and therefore not worth arguing or taking my photographic evidence to prove my innocence etc! I subsequently changed my insurance company and the new insurer did not increase my premium and so no damage done. Good luck with your appeal and in future - consider a fully comprehensive policy maybe.

Edited by Firmbutfair on 12/11/2014 at 13:28

Hi Jon.

Very difficult to sort this now, I'm afraid. I suspect very strongly that his 'boss' back at the yard asked him things like "What sort of car was it - how much is it worth? Do you think he'll make a claim!" and they came to the conclusion that the driver of an 'old' Mini would be unlikely to pursue a claim...

How do you plan to sort the damage, or will you just live with it? Is it a true 'classic' that's worth a reasonable amount?

Should you decide to have it fixed at your cost, I would follow the repair with a 'small claim' via your local County Court to that company for the full costs.

I think the defendant is obliged to attend the claimant's court, so they may possibly make the decision that - since they won't be sure they'd win - to capitulate rather than travel to defend (I'm assuming the company is a bit of distnace away?). Or, they just don't turn up on the day - in which case you win.

You then use 'the sherrif's office' - and let them do the collectin'!