Very minor accident - advice please

bishops_2

Quentin wrote: »

Not from what we have been told (the other car was stationary when hit, and there is a witness).

I do apologise if my initial posting might have confused on this matter. Other vehicle was not stationary at time of impact. Both cars were moving, the other party moving at a greater speed than my wife.

The talk about the other party being stationary only occurred when she 'phoned our house yesterday evening.

The claim of having a witness only occurred at the same time too. Both mothers were in the process of leaving the carpark when the incident occurred; there appeared to be no bystanders at the time, although several cars were coming and going; and no-one stepped forward in the 3 minuites or so that the two mothers were standing, talking, and exchanging details. Why this witness chose to emerge after my wife left is anyone's guess, although I have a good idea as to why this might be!

Hope this clarifies.

Quentin

It does - but what is the story that the third party is telling their insurer? Often the story changes from what happened at the scene!

bishops_2

Quentin wrote: »

It does - but what is the story that the third party is telling their insurer? Often the story changes from what happened at the scene!

This is what gets me down about it, and my wife more so.

No apportionment of blame was made at all at the time, and the other driver was not too concerned about the minor scratch on her car. This has changed now that the other party has seen an opportunity to make something out of this.

Perhaps we are too easy going, and hence prone to be taken advantage of. My attitude was that I wasn't really concerned about the damage to our car, regardless of who was to blame (I believed at the time that the other party was entirely at fault, although advice received on here has made me shift this position to one of equal culpability).

It saddens me to think that the other party are going to lie and cheat in the hope of making some money, I really don't know how they can sleep at night.

laurz121

Where did the cars actualy collide? Was it the back of their car hitting the side of yours or was it the back of yours hitting the side of theirs?

This will help to work out who actually drove into who? ie was your car already in front of their space when they reversed out? Or was theirs already reversing out into the road when yours reversed into them?

Also this witness might not be as made up as you think. If cars were coming and going and people were around then somebody most likely WILL have seen the incident. Just think of when you're in a carpark at tesco, you might not be stood staring but you still notice out of the corner of your eye where cars are and that theyre moving so its entirely possible that someone saw it. They probably didn't come over and get involved at the time because it your wife and the other driver were sorting it out. It would be quite rude of them to come walking over and start blaming your wife immediatly after the accident wouldn't it. Doesn't mean that they didn't phone the other driver up and ask if they were ok afterwards though

bishops_2

laurz121 wrote: »

Where did the cars actualy collide? Was it the back of their car hitting the side of yours or was it the back of yours hitting the side of theirs?

This will help to work out who actually drove into who? ie was your car already in front of their space when they reversed out? Or was theirs already reversing out into the road when yours reversed into them?

Also this witness might not be as made up as you think. If cars were coming and going and people were around then somebody most likely WILL have seen the incident. Just think of when you're in a carpark at tesco, you might not be stood staring but you still notice out of the corner of your eye where cars are and that theyre moving so its entirely possible that someone saw it. They probably didn't come over and get involved at the time because it your wife and the other driver were sorting it out. It would be quite rude of them to come walking over and start blaming your wife immediatly after the accident wouldn't it. Doesn't mean that they didn't phone the other driver up and ask if they were ok afterwards though

Hi,

Good question re where the damage is, sorry that I havent already supplied.

Other car had a scuff mark, perhaps up to 3 inches wide, exactly on the corner of the rear bumper, on the driver's side. It has a small scratch. perhaps an inch long, just to the left of this.

Our car has a scuff and scratches starting just before the corner of the bumper on the passenger's side, and stretching for around 8 or 9 inches along the back of the bumper.

As regards witnesses, while I do hear what you are saying, the version of events relayed to me is different from that which the wirness is supposed to have seen. I know my wife well enough to trust her version of events; and this is an anonymous forum, so we would have little to gain by fabricating a version here.

My belief is that the other party has found someone who has offered to backup a made-up story.

Hope this helps.

dacouch

It is known in the trade as the pub effect

Paradigm

bishops wrote: »

My belief is that the other party has found someone who has offered to backup a made-up story.

I'm shocked, not!!!

Same thing happened to me after a very minor incident in a Tesco filling station.

The driver was on his own at the time but his claim form to his insurance company included an independent witness statement who happened to be a passenger during the incident backing up his version of events :rolleyes:

Strangely enough I suddenly remembered having a passenger backing up my side of the story.... funny how things slip your mind

bishops_2

Paradigm wrote: »

I'm shocked, not!!!

Same thing happened to me after a very minor incident in a Tesco filling station.

The driver was on his own at the time but his claim form to his insurance company included an independent witness statement who happened to be a passenger during the incident backing up his version of events :rolleyes:

Strangely enough I suddenly remembered having a passenger backing up my side of the story.... funny how things slip your mind

Very interesting, I had imagined that the witness had to be independant. My wife had three children in the car with her, the oldest being almost 14. Not sure who was in the other car (will check with my wife), but the other driver said that it was only her second day at the school, so I imagine that she only had the one child, aged 3 or 4.

Can the children be witnesses?

Thanks.

emmell

I would tell them you are putting in the hands of the insurer as you think it is 50/50 and you are not willing to accept full responsibility, and wait for the claims for whiplash, loss of earnings, loss of sleep for herself and her child, traumatic stress or whatever they call it.
Good luck, and I'm with you on this one, you should both pay for your own damage.
ML.

cyclonebri1

Quentin wrote: »

Hard luck on any pedestrians then (or was it a one way system for them too?)

Don't be so sarcastic then, I agree with you but the driver of any car will view the situation at any "junction" on a 1 way system as being at greater risk from traffic from the right not the left