My daughter had a collision but now the other driver has changed their story - what do we do?

My grandson's school has a drive through pick up point with parking just before. My daughter was queuing when the car in front started reversing to park in a space, my daughter reversed to give her more room when a lady pulled out of a space behind and she hit my daughter's car, there were no dents but small paint marks. They swapped details (this was my daughter's first accident) the lady texted my daughter later to ask if she’d like to pay her cash instead of going through her insurance, my daughter told her insurance what happened and they agreed to try get 50/50, then they got back say that the ‘man’ that hit her was parked up, not moving and my daughter backed into ‘him’ and her insurance company have taken blame, saying if my daughter doesn’t accept it then she’ll have to go to court. We could really do with some advice.

Asked on 18 June 2018 by Mandy Sayers

Answered by Honest John
Tell your daughter that she disputes the other parties allegations and that the marks on either vehicle will corroborate this. Did she take pictures of both vehicles at the time? Your daughter needs to tell her insurer that she will happily go to court to dispute the allegations.(it is not a scary place to go to and the chances of it ending up there are very slim). I would advise both parties not to claim if there is no damage or very little, as both parties will be penalised in the future for a much greater sum than the cost of repair to either vehicle. Ask your insurer to obtain pictures of the other parties damage and the associated cost, and have them have their engineers view the damage to see if consistent with the incident circumstances and your account of what happened. They will then be much better placed to defend the allegations. It may well be wholly the other parties fault, or a mixture.
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