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  • FIRST POST
    • KP24
    • By KP24 25th Nov 17, 9:28 AM
    • 14Posts
    • 1Thanks
    KP24
    Accident - No one in driving seat - still being blamed due to no independent witness!
    • #1
    • 25th Nov 17, 9:28 AM
    Accident - No one in driving seat - still being blamed due to no independent witness! 25th Nov 17 at 9:28 AM
    Some help please!

    I was out week or so ago, about to leave a shop, passengers (2 of them) got into back seats - no one in front passenger or driving seat. I was walking towards car and another car reversed and hit the side of my car.

    He got out and we inspected the damage. He said it was his fault and to get a private quote and then will decide if to go down this route or through insurance. I took pictures of the damage to my car and his number plate etc.

    Took his details and got the quote, told him the quote and got no further response. Contacted my insurance company, gave them all the details including details of who was in the car at the time. They said they will contact his insurance company and get back to me.

    I got a call today saying his insurance company have said he has an independent witness saying it was actually me reversing into his car!! This was obviously impossible as there was no one in my drivers seat and he was the only one present at the time of the accident.

    But they are saying as i don't have an independent witness (people in the my car don't count apparently), he actually has the advantage due to this independent witness. And i either find one (there weren't any) or accept that it was my fault and take a hit on my no claims bonus.

    I am going to see if there was any CCTV present on the day but this is incredibly frustrating as this person has effectively invented someone who was present at the time to give a statement!

    Any ideas on what i can do here?

    Thanks.
Page 2
    • arcon5
    • By arcon5 26th Nov 17, 7:54 AM
    • 13,189 Posts
    • 8,357 Thanks
    arcon5
    Safer not to play by "their" rules if they include perjury.
    Originally posted by Car 54
    Yep roll over and loose ncb and excess letting the other guy get away with fraud.

    Because let's face it, insurers are unlikely to investigate the legitimacy in such a small claim and with only evidence being hearsay.
    • AdrianC
    • By AdrianC 26th Nov 17, 8:19 AM
    • 15,700 Posts
    • 14,015 Thanks
    AdrianC
    I hope all those of you suggesting fraudulent witnesses and the like don't reap what you sow - and next time you're in a minor disputed claim, the other party doesn't follow your advice...
    • motorguy
    • By motorguy 26th Nov 17, 8:52 AM
    • 15,806 Posts
    • 9,092 Thanks
    motorguy
    I hope all those of you suggesting fraudulent witnesses and the like don't reap what you sow - and next time you're in a minor disputed claim, the other party doesn't follow your advice...
    Originally posted by AdrianC
    Well its all very well attempting the moral high ground however the issue here is that in the O/Ps case the other party has clearly followed someones advice along those lines. So in the O/Ps case its now either do as they are doing or hope that good prevails in court, which sadly these days its unlikely to. I think its very much a case of damned if you do, damned if you dont.

    Not only do people seem happy to make fraudulent whiplash claims now, they seem quite happy to whip fraudulent witnesses out of thin air if theres even a whiff of them having to take ownership for their own mistakes AND no doubt follow that up with a fraudulent whiplash claim.

    This is no help to the O/P now after the event, but if i'm ever in as you describe a "minor disputed claim", i'll be taking lots of photographs of my car, their car, my damage, their damage, the road from various angles, where the accident was and any proof of impact, where the cars ended up relative to the impact, notes of any prevailing weather conditions, exact time and getting the names and phone numbers of any independent witnesses.

    If i were the O/P i'd speak to an independent solicitor and see what they think. His insurance company wont push it particularly hard whereas an independent solicitor will
    Last edited by motorguy; 26-11-2017 at 8:56 AM.
    You are not special. You are not a beautiful and unique snowflake.
    • AdrianC
    • By AdrianC 26th Nov 17, 9:16 AM
    • 15,700 Posts
    • 14,015 Thanks
    AdrianC
    however the issue here is that in the O/Ps case the other party has clearly followed someones advice along those lines.
    Originally posted by motorguy
    Yes, it's a bad thing when somebody introduces a fraudulent witness to the claim, isn't it?

    What IS the exchange rate of rights to wrongs currently? I'm fairly sure it's not 1:2, but xe.com don't seem to list it.
    • sevenhills
    • By sevenhills 26th Nov 17, 10:59 AM
    • 757 Posts
    • 268 Thanks
    sevenhills
    Yes, it's a bad thing when somebody introduces a fraudulent witness to the claim, isn't it?
    Originally posted by AdrianC
    The OP should inform the Police, the other driver is committing insurance fraud.

    • AdrianC
    • By AdrianC 26th Nov 17, 11:02 AM
    • 15,700 Posts
    • 14,015 Thanks
    AdrianC
    The OP should inform the Police, the other driver is committing insurance fraud.
    Originally posted by sevenhills
    That's certainly a more appropriate option than simply copying them.
    • KP24
    • By KP24 26th Nov 17, 11:57 AM
    • 14 Posts
    • 1 Thanks
    KP24
    Is the police really a viable option? Would have thought they had "better" things to do?!
    • Mercdriver
    • By Mercdriver 26th Nov 17, 2:40 PM
    • 1,459 Posts
    • 997 Thanks
    Mercdriver
    Is the police really a viable option? Would have thought they had "better" things to do?!
    Originally posted by KP24
    It's attempted fraud. It's serious enough.
    • motorguy
    • By motorguy 26th Nov 17, 5:56 PM
    • 15,806 Posts
    • 9,092 Thanks
    motorguy
    Yes, it's a bad thing when somebody introduces a fraudulent witness to the claim, isn't it?

    What IS the exchange rate of rights to wrongs currently? I'm fairly sure it's not 1:2, but xe.com don't seem to list it.
    Originally posted by AdrianC
    When its to avert blame incorrectly on to another party, yes its a bad thing.

    What would you suggest that actually is going to achieve anything? Informing the police wont do a thing will they?

    I can see why the O/P is frustrated and why some people are suggesting he produces a withness too.

    As i said, i'd be speaking to a solicitor and "hoping" he can do something.

    But i'm not sure your approach of "adapt a stiff upper lip and prepare to bend over and take it" is the advice the O/P was hoping for.
    You are not special. You are not a beautiful and unique snowflake.
    • motorguy
    • By motorguy 26th Nov 17, 5:56 PM
    • 15,806 Posts
    • 9,092 Thanks
    motorguy
    It's attempted fraud. It's serious enough.
    Originally posted by Mercdriver
    Trust me on this - they'll do NOTHING.
    You are not special. You are not a beautiful and unique snowflake.
    • motorguy
    • By motorguy 26th Nov 17, 5:57 PM
    • 15,806 Posts
    • 9,092 Thanks
    motorguy
    That's certainly a more appropriate option than simply copying them.
    Originally posted by AdrianC
    And will get the O/P nowhere as the police will do !!!!!! all. But it might make him feel a bit better?
    You are not special. You are not a beautiful and unique snowflake.
    • Autumnella
    • By Autumnella 26th Nov 17, 6:17 PM
    • 438 Posts
    • 1,459 Thanks
    Autumnella
    Do you have legal protection? Isn't that what this is for? If not it might be worth speaking to a no win no fee solicitor?
    • motorguy
    • By motorguy 26th Nov 17, 7:18 PM
    • 15,806 Posts
    • 9,092 Thanks
    motorguy
    Do you have legal protection? Isn't that what this is for? If not it might be worth speaking to a no win no fee solicitor?
    Originally posted by Autumnella
    Any decent solicitor will give you a free consultation and let you know what your options are.

    Thats what i'd be doing - as tempting as producing a witness might be.

    Sad world we live in now....
    You are not special. You are not a beautiful and unique snowflake.
    • Aylesbury Duck
    • By Aylesbury Duck 26th Nov 17, 9:53 PM
    • 1,189 Posts
    • 1,489 Thanks
    Aylesbury Duck
    Do you have legal protection? Isn't that what this is for? If not it might be worth speaking to a no win no fee solicitor?
    Originally posted by Autumnella
    From what I read on here, legal protection is nothing but a high-margin add-on for the insurer's benefit. It seems that unless they are convinced of winning a case, they simply won't pursue it on your behalf.
    • Car 54
    • By Car 54 26th Nov 17, 11:27 PM
    • 2,456 Posts
    • 1,595 Thanks
    Car 54
    From what I read on here, legal protection is nothing but a high-margin add-on for the insurer's benefit. It seems that unless they are convinced of winning a case, they simply won't pursue it on your behalf.
    Originally posted by Aylesbury Duck
    If you were paying a solicitor, and your case was hopeless, you'd expect him to tell you that, instead of wasting your money on further action.. Why would an insurance company think differently?
    • Aylesbury Duck
    • By Aylesbury Duck 27th Nov 17, 9:01 AM
    • 1,189 Posts
    • 1,489 Thanks
    Aylesbury Duck
    If you were paying a solicitor, and your case was hopeless, you'd expect him to tell you that, instead of wasting your money on further action.. Why would an insurance company think differently?
    Originally posted by Car 54
    They wouldn't, but many people buy legal protection in the mistaken belief that it is some sort of catch-all product that looks after their interests.
    • IanMSpencer
    • By IanMSpencer 27th Nov 17, 2:16 PM
    • 1,109 Posts
    • 874 Thanks
    IanMSpencer
    I would go down the fraud route with the police. That being said, your insurers should not be blindly accepting the independent witness given your story, they should be challenging this, and suggesting that it is fraudulent to put forward a witness who did not see the event. You should forcefully go back to your insurers and point out that they are suggesting that in accepting the other party's story over yours they are in fact accusing you of fraud.

    I would also say that the insurers are wrong to dismiss the witness statement of your passengers entirely. Although they do not carry the same weight of an independent witness, someone prepared to make a statement under oath (for example) does carry weight. I would be suggesting that given the independent witness seems to be making something up, then they should be required to make a statement under oath - and at risk of perjury.
    • Wig
    • By Wig 5th Dec 17, 8:52 AM
    • 13,581 Posts
    • 7,342 Thanks
    Wig
    post the pics, a photo says a 1000 words, have you looked at the area for cctv and requested footage? did anyone else see it that you can go back to?
    • macman
    • By macman 5th Dec 17, 9:32 AM
    • 41,422 Posts
    • 17,043 Thanks
    macman
    Presumably once he saw the repair quote, he's decided that he'd rather not settle it privately at all...
    No free lunch, and no free laptop
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