Car rolled back into mine while queuing in traffic

clark1982

Taggie wrote:

Did you get any witnesses?

Hubbie had this happen to him once and when the driver got home and saw her son, he told her to change her story and say hubbie went into the back of her, the insurers would believe that more than the other way round. Anyway we went round her house, appealed to her better nature and she told the truth, we were very lucky.

This sounds like it could go the same way. Have you contacted the police? that might be a good idea and tell them everything, hopefully that should help you.

Are you Comprehensive or Third Party, if Comp, your Insurers will sort it out, if Third Party you will need to find out if you have legal cover, usually a small amount on top of the premium and they will help you out.

Good luck and hope you get it sorted.

this is why I always carry a cheap disposable camera in the car. Allows you to take vital evidence..

oldwiring

Not quite the same but I had an accident where I was in the third lane, the one for traffic turning right on a roundabout.The R was well known for shunts and if you did want to turn eight had been designed so that a veer to left was needed even in the rh lane.

A woman in the second lane over took but took no aacount of the curve in the lanes and clipped me as she passed. She tried the same lying stance, even wanting to take it to court!

As it happeed the insurer's knew the site and were of opinion that she would not get any futher than 50 50 and thatpossibly I could even win. However I was awaiting a major heart operation and as I had guaranteed NCD I decided not to argule.

BTW about cameras I have heared that prints from digi cameras are inadmissable as evidence as there are no negatives and they are easily manipulated,

MY

jockettuk

clark1982 wrote:

this is why I always carry a cheap disposable camera in the car. Allows you to take vital evidence..

me to never leave home without one..

soolin

clark1982 wrote:

this is why I always carry a cheap disposable camera in the car. Allows you to take vital evidence..

All the picture would show though would be that the second car hit the first, the insurance regualtions take no account of cars moving back to hit the one behind.

When a car hit me last year (I was the front car) the man admitted liability to all and sundry but the insurers said it didn't matter either way as the front car can never be at fault.

Unfortunately I think even though the OP was the one hit in this instance he is going to have major problems getting anyone to listen to him. If the damage was merely 'rubbing damage' ie no costs involved then maybe the insurers could see that the front car rolled back, but for serious damage the first car must have been powered ie in reverse gear, and I can't see the insurers going for that.

Soo

Emmzi

Check with your insurers if you can get them to make a claim, but if it doesn't go your way, can you pay back amount to keep your NCD? Some are ok with this. Also check if you have legal cover, you might be able to use that too.

I believe in Scotland your MIL would be fine as a witness, but not in England as she is related.

Tashja

Emmzi wrote:

I believe in Scotland your MIL would be fine as a witness, but not in England as she is related.

If it goes to Court the Court WILL listen to her side of things and will take what she says into account.

T xx

Gorgeous_George

Seems that giving people the benefit of the doubt is not the answer.

Keep a pen and notepad in your car then you can take a statement at the scene - and have it signed. ALWAYS look for a witness.

GG

chunky_munky

Thanks everyone for your comments.

I am thinking about making a claim against this individual in the small claims court - can anyone advise me whether they think this is a good idea or not?

soolin

chunky_munky wrote:

Thanks everyone for your comments.

I am thinking about making a claim against this individual in the small claims court - can anyone advise me whether they think this is a good idea or not?

Your word against theirs, you have damage to the front of your car, they have damage to the rear. On the basis of likelyhood I think anyone would assume the car behind was at fault unless you have solid evidence to the contrary.

I have been driving in London for very many years and have had 3 or 4 minor shunts by cars behind me in queues or at roundabouts. In each case it was automatically assumed that the car behind hit me, as the alternative would be that I put my car into reverse gear and motored into them. Yes cars can roll back, but to do any real damage they would have to be moving at some speed, and I think that's where the problem of proof lies if you are the car behind.

Soo

Debt_Free_Chick

chunky_munky wrote:

Thanks everyone for your comments.

I am thinking about making a claim against this individual in the small claims court - can anyone advise me whether they think this is a good idea or not?

I think your problem will be proof. If your insurance company don't think there's enough proof to extract the money from her, why might a Court think differently?