Hi,
I'm after some advice if anyone would be so kind as to venture some. I was recently rear ended by another driver and I need to get a new bumper to replace the one that crumpled on impact. At the time the driver apologised and gave me all of his details without taking any of mine. I reported the matter to my insurance company and they then contacted me to confirm that the third part had not even reported the claim to his insurers. They then phoned and told me that he was disputing liability because I rolled back into him at traffic lights and he has several independent witnesses confirming this. We were not even at traffic lights when the accident happened and no one stopped at the accident. I can't understand how he could say this especially as there would be no point in having witnesses if you were not going to report a claim or take any of my details.
Also I am not sure how his insurance company could claim that I did £750 worth of damage by rolling back into him!!!
I think he is just trying his luck but this is obviously very frustrating.
Any advice would be greatly appreciated.
Thanks
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He is trying it on. The Highway Code is very clear. In the event of a rear end shunt, the rear car is always to blame. Stick to your story and use the legal fees part of your insurance to beef up your position.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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ignore the other driver's insurance company.
write to the driver asking him to pay within specified time, failing which you will sue in small claims cout.
you deal with the driver. let him deal with his insurer.
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thanks for your help guys. Just got to stick in there I guess. It's just so annoying that people can't just be honest, admit they made a mistake and pay their way.
Makes me so mad!!
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There are some dishonest, pretty nasty people in this world. You just have to remember that there are some pretty damn nice ones too.
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It's a good idea to have a cheapo camera in the car. Take a few shots of the area, position, damage and occupants of the car.
There are a few stories (urban myths?) of lone occupants of cars involved in accidents, who are found to have 4 relations in the car all of whom are suffering from whiplash.
I was involved in an accident, in which the other party turned in front of me, so that I was unable to stop in time; by the time it got to his ins. co., I had pulled out in front of him. Since then I have carried a camera.
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It's a good idea to have a cheapo camera in the car. Take a few shots of the area, position, damage and occupants of the car. There are a few stories (urban myths?) of lone occupants of cars involved in accidents, who are found to have 4 relations in the car all of whom are suffering from whiplash. I was involved in an accident, in which the other party turned in front of me, so that I was unable to stop in time; by the time it got to his ins. co., I had pulled out in front of him. Since then I have carried a camera.
.....Or like me i take my phone which has a camera!!!!
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Its not what you drive, its how you drive it! :-)
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>>failing which you will sue in small claims cout.>>
You don't need to sue in the small claims court.
Your insurance company should sort it out pronto. If someone hits you from beind they are to blame, no matter what the excuse.
Too many people these days seem happy to absolve themselves from their own mistakes and, in turn, too many people seem too willing to let it go for the sake of a bit of peace or, alternitavely, aggro.
Give them some aggro, as well as your insurance company - it's their fault and right is on your side.
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What\'s for you won\'t pass you by
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I once had a guy reverse into the front of my car (it happened in an Asda car park). His rear window was frosted over - couldn't see at all. Crumpled my bonnet a bit. I got his number and address and he said he would pay. Didn't get any joy and went around to his house. Now, I'm a big guy (6'4" and 17st.), but this guy bore a very close resemblence to Mike Tyson. He basically threatened to kill me if I pursued it (I have a sneaking suspicion he had no insurance, tax, maybe even license). I went to the police station but they showed no interest, so I ended up footing the bill myself.
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Bad luck. I have just been shunted whilst stationary in a queue on the M4. Fortunatley (as such) something not disimilar happened to me about 10 years ago. Here follows what I learnt
Fight it all the way. Get it all down in detail to your own insurance company. Tell them exactly what happened inc his admission & the fact he has not reported it.
Here's the really important bit. You NEED this resolved to a no fault (of yours) resolution or you will find you're renewal premium will shoot up. They will ask you this specific Q at renewal time. This means that his insurance pay ALL. No knock for knock business. Be warned, your insurance company will take the easy way out & if knock for knock is easier for them....Communicate to your insurance company via email & follow up any phone calls with an email explaining your understanding of what the call was about.
Do you have legal protection? may not be necc anyhow. Basically we're talking uninsured losses like the excess on your premium, car hire. I used a 3rd party legal service who agreed to take on the case. They were brill. I added in postage, time, phone calls,photocopying, inconvenience as well as car hire & excess. IIRC we banked over 500 pounds on the extras.
Assesment of damage. Well if he's playing silly then all bets are off. Claim for the lot, check exhaust & ESPECIALLY that the rear doors close properly. Get it done professionally-they pay anyhow. Any tiny little scratch..
Do bear in mind that this happened 10 years ago, but I'll bet not much has changed.
Good luck & don't trust your own insurers to do the 'right' thing of their own accord. they probably won't.
That's a really rotten result Aprilia. Commiserations. Hope it wasn't the bike.
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I'd agree that you shouldn't give anything away, but Mrs S had a car reverse into her earlier this year so a word of warning from her experience.
The other guy ("a very nice guy" she said) admitted responsibity on the spot but didn't report it. Mrs duly gave details to ins co, they booked car in for (minor) repairs which cost something over £600 I think. When we went to collect the car we had to pay our excess to get it out, as other driver still hadn't reported it and ins co didn't seem to want to be bothered to pursue it.
After a lot of calls a pushing by Mrs it was all settled satisfactorly (incl excess) but we were annoyed that we had to stump up for the excess (which we did eventually get back).
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If I had such abysmal service I'd report them to the Insurance Ombusman....
madf
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He is not "trying it on." He is trying to avoid his clear legal liability by lying, and he seems to be prepared to ask others to lie for him as well.
If he tries this in court, both he and his witnesses will be committing perjury. You know what happened to Jeffrey Archer...
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He lied for the Government and he got knighted didnt he !!! lol
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This is likely to get very unpleasant indeed. The good news he's insured however he's persuing a very high risk strategy telling blatent untruths to his insurance company: they will act on what he tells them, I wonder if he has formally reported his version of events or off the cuff remarks on the phone but they would be recorded anyway. Big problems for him later maybe refusal of insurance etc etc. He's obviously top grade pond life who gets away with what he can. He's probably hoping you'll opt for the easy life and drop it. You will win any civil case at court his account is fanciful and his "witnesses" will not risk imprisonment for perjury and the court will decide who is telling the truth on the balance of probabilities. He appears to have given you correct particulars so he's kept the Police out of it. Get yourself a good solicitor. Good luck
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thanks for all your advice. I am getting my insurance company to pay for the damage and then they will pursue him for the money and liability. I am definitly willing to take this all the way to court and as hopefully the facts are on my side I should be ok in the long run. His insurance co specifically insure young drivers with modified vehicles so hopefully they are trying their luck as well.
The whole thing is just a pain!! I should have got him to make a written statement there and then and avoided this whole sorry saga.
Thanks again
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I had similar experience 4/5 years ago - woman accepted she had caused the shunt - when the boy-friend got involved later that day the story changed to that she was an innocent witness and that the Merc behind me was to blame.
Letters from my solicitor went returned, unknown at this address etc. etc
19 months later a court summons was served on the woman and within days the story was changed, the driver & insurance company agreed to pay for the damage, the excess, the physio on my neck etc.
I think the thought of going to court and standing up and trying to keep up the fabrication was to much for her.
The £17.50 legal expenses cover on the car insurance was invaluable as in the end the legal fees exceeded the cost of the repair (£750).
For £17.50 I got an excellent & experienced car accident lawyer from a top firm in Edinburgh (not a para legal from a "lawyer /accident type agency") and he forecast the timescale from start to finish as 20-24 mths and he was dead right - court case date was 20 mths and payment in 22 mths.
Got my £150 excess back and kept my NCB
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