Car drove into me, now claiming I rolled back

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13

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  • Too_Bloo
    Too_Bloo Posts: 66 Forumite
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    The same thing happened to me, more years ago than I care to remember.
    Sitting at a junction waiting to turn, a women ran into me causing a wee bit of damage. She was very apologetic and admitted it was her fault no problem I thought, contacted insurance and waited for the go ahead to have my car repaired.
    A few weeks later received a letter from insurance company suggesting I claim off my own policy. The woman stated to her insurance company that I had reversed into her!
    Expensive lesson learned.
  • Marvel1
    Marvel1 Posts: 7,172 Forumite
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    edited 5 February 2018 at 10:11PM
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    Also never tell them you have a dash cam so if they lie like they have, show your insurance company they are committing fraud.
    pinkshoes wrote: »
    Just re-iterate to your insurance company that you were stationary at the roundabout with the handbrake on, so did not roll backwards, and that this is a fraudulent claim.

    Um right ok.
  • jbainbridge
    jbainbridge Posts: 2,014 Forumite
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    As others have said ...
    - if the car had just rolled back there would be little or no damage. Was there?
    - is there any gradient at the crash site? Go and check.
  • Shaka_Zulu
    Shaka_Zulu Posts: 1,689 Forumite
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    As others have said ...
    - if the car had just rolled back there would be little or no damage. Was there?
    - is there any gradient at the crash site? Go and check.


    Exactly what I would do in the first instance.
  • House_Martin
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    Miss_S wrote: »
    Hi

    Just looking for a bit of advice here. Just after New year a car drove into the rear of my car while I was stationary waiting to go onto a roundabout. I drove up to the roundabout and stopped to wait for a space to enter the roundabout and they drove into the back of my car.

    We swapped details, I phoned the police at the time and they confirmed they didn't need to attend. He apologised at least 3 times at the scene. I contacted my insurance company once I got home. Now that repairs have been done he is claiming that I rolled back into him, causing personal injury to him and his passenger, which has completely shocked me.

    Is there any evidence I can do to show this is not how it happened? I have gone back to the roundabout and taken videos of the approach, you drive down a slight incline to the roundabout and it flattens out at the roundabout itself. I doubt a roll back could even happen. I have photos of the scene which don't show road markings as the photos are taken from the side and back of the cars, but do, i think, show that I was pretty much at the roundabout junction and not rolled back.

    I've tried calling the claims handler but have been unable to get hold of here, if anyone has any advice I would be really grateful.
    I had exactly the same thing happen to me whilst waiting in my works car to exit a junction and turn right. A woman rear ended me causing 2ks worth of damage as she tried to turn left in a gap which was nt big enough. How I could possibly roll back and hit the car behind with such force was not possible
    In the end we shared the damages claim. It was cheaper for my insurers to share the damages rather than employ solicitors even though I was keen to go to court.
    It was a clear case of this idiot woman not paying attention that I was sympathetic with her ( and her mother in the passenger side ) that I never grabbed a witness. I ve learnt my lesson. Don`t ever trust anyone.Half of the public are a bunch of lying barstewards given the chance if it means saving money. Independent witnesses every time for me if I m in that situation again
  • gzoom
    gzoom Posts: 530 Forumite
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    Miss_S wrote: »
    Hi

    Just looking for a bit of advice here. Just after New year a car drove into the rear of my car while I was stationary waiting to go onto a roundabout. I drove up to the roundabout and stopped to wait for a space to enter the roundabout and they drove into the back of my car.

    We swapped details, I phoned the police at the time and they confirmed they didn't need to attend. He apologised at least 3 times at the scene. I contacted my insurance company once I got home. Now that repairs have been done he is claiming that I rolled back into him, causing personal injury to him and his passenger, which has completely shocked me.

    Is there any evidence I can do to show this is not how it happened? I have gone back to the roundabout and taken videos of the approach, you drive down a slight incline to the roundabout and it flattens out at the roundabout itself. I doubt a roll back could even happen. I have photos of the scene which don't show road markings as the photos are taken from the side and back of the cars, but do, i think, show that I was pretty much at the roundabout junction and not rolled back.

    I've tried calling the claims handler but have been unable to get hold of here, if anyone has any advice I would be really grateful.

    Sadly without clear proof your version of events is true your insurance company will settle as 50:50 fault.

    A dash cam really is a must these days, at <£50 from Amazon its a no brainer. In situations like this its invaluable.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
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    A lot of alarmist people on here assuming that insurance companies will just hand over money for two PI claims without questioning.
  • uknick
    uknick Posts: 1,624 Forumite
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    As others have said ...
    - if the car had just rolled back there would be little or no damage. Was there?
    - is there any gradient at the crash site? Go and check.

    MissS said there was damage to the rear of her car, boot and floor pan, and damage to bonnet of the other car. One would have thought not consistent wit a roll back into the other car on a slight incline. Especially as the incline was down to the roundabout, not away from it.

    This does sound like the other party is a chancer.

    It would be useful if MissS lets us know the final outcome.
  • reeac
    reeac Posts: 1,430 Forumite
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    A not uncommon scenario at roundabouts is that the second car back assumes wrongly that the first car will take advantage of a gap in the traffic on the roundabout and sets off prematurely thus hitting the rear of the first car if that driver decides that the gap is too small to join in safely. That would explain the greater degree of damage. Insurance companies must come across this all the time.
  • Miss_S_2
    Miss_S_2 Posts: 17 Forumite
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    Too_Bloo wrote: »
    The same thing happened to me, more years ago than I care to remember.
    Sitting at a junction waiting to turn, a women ran into me causing a wee bit of damage. She was very apologetic and admitted it was her fault no problem I thought, contacted insurance and waited for the go ahead to have my car repaired.
    A few weeks later received a letter from insurance company suggesting I claim off my own policy. The woman stated to her insurance company that I had reversed into her!
    Expensive lesson learned.

    Yes, this could be an expensive lesson!
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