car crash not our fault but no witnesses and other driver lying!

isayoldchap

stellagypsy wrote:

I also used to deal with insurance claims. We had a set of toy cars in the office and used to "recreate" the acidents as described on the claim forms - very illuminating, it soon becomes clear who is telling the truth and who isn't.

Stick to your guns, take pics of the damage and the place it happened or better still reconstruct the scenario by parking in the same spot again and taking pictures BEFORE the car is repaired. If she doesn't back down (or if it looks like you will lose your NCD as a result if the claim) bang it in the Small Claims Court - you can do it yourself for about £30, which you get back if sucessful. It will then be up to her to defend the claim or admit it, and the Judge will decide the outcome on the basis of "balance of probability" - ie who is most likely to be telling the truth in all the circumstances? I have had to defend myself on one of these ALMOST SIX YEARS after the accident and - luckily for me - I had kept a wad of notes and photos of the car, accident scene, etc - they changed their story as they went along (fyi, someone ran into the back of me and wrote off my car, accepted the blame then changed their mind and said it was MY fault!!!!!), I never changed my version of events and I was exonerated by the Judge.

HTH, Stella xx

Great post Stella
http://www.thompsons.law.co.uk/other-services/small-claims-court-consumer-problem.htm

lorraine

jacklia wrote:

Bit off topic but it might give you a laugh! I was parked with the ignition off when the lorry in front of me started reversing and hit the front of my car. After telling the driver how careless he had been, he admitted that he hadn't seen my car and told me that the firm he worked for would just chuck any insurance claim in the bin, he then offered to fix the car himself. I let him do this and the car was fine. The driver and I have now been married for 14 years - how's that for a way to meet your future partner!!!! (Not recommending that it works for everyone though!!!!!)

Hope you get your claim sorted out successfully.

Jackie

love it x x x

Nenen

Thanks so much to all the people who have replied so far... it is much appreciated. :beer:
It is especially nice to hear from those that have worked in insurance that they do have a good idea of who is telling the truth... I think the most galling thing about all of this (and maybe it's just pride) is the thought that someone would think we are lying and believe this woman instead.

I'm waiting to hear back from the NCP re any possibility of CCTV footage and also from my insurance company as to whether she is now claiming damage to her car. I am wondering if, like a PP who was involved in a minor accident that the other party later claimed fraudulently caused major damage to their car, this is what this woman is going to try and do. I really don't understand her actions otherwise!

Anyway... will let you know how things go... will certainly consider small claims court to get back hire car charges if we can. I am thinking about whether it would be sensible to telephone her (she gave my dh her number) and let her know this is what we intend to do if she is unwilling to tell the truth... or do you think that could be seen as threatening/illegal in any way?

Astaroth

It could be seen as either harrassment or threatening, she has handed the matter over to her insurers and therefore it is them that you should deal with and not the TP directly.... threatening to take an insurer to court is very rarely going to have any impact (no pun intended)

I wouldnt hold your breath on CCTV footage - unless it has improved since I left claims then 90% of the time there was either no footage or it was of such low quality it didnt show anything worth while. At the same time some companies will insist that before they release it they will have to get the number plates of all other vehicles in shot masked by a video editing company which you obviously have to pay for up front before you even get to see the video and if it will be of use to you or not.

By the sounds of it your insurers have registered the claim on a non-fault basis and waived the excess and therefore have to honour this despite the claim now likely to go on a 50-50 basis.

Be slightly careful when you are talking about court cases etc.... legally there can only be 1 case for any 1 claim and therefore if you do go to court not only do you have to claim for your hire car (and any other out of pocket losses) but also for your insurance companies costs/ repair costs etc too. At the same time the TP will counter claim for all their costs (repairs, excess, hire car etc). These cases can fairly quickly go above the small claims limit and therefore if you went to court after rejecting a 50/50 offer and the courts rules that the 50/50 was fair then you would have to pay the other parties legal costs which your insurers may or may not cover if they arent funding the case.

Mrs_Optimist

I have dealt with bent metal cases for some years (ie non injury car accidents) and ditto what many of the other posts have said. Can you produce an itemised phone bill for that period proving the number of times you attempted to call her? If so you could use this as evidence that you tried to resolve this situation for some time before she decided to involve her insurers and blame you. Also do not be surprised if it turns out that the woman in actual fact has admitted liability to her insurer and it is her insurer who is denying liability to avoid paying out for the full repair costs. That has happened too may times in my own experience than you would believe.

Puruse your claim all the way, see if you have LEI (Legal Expense Insurance) and if so they will have a firm of Solictors on their Panel who will take this claim up for you., Are you a member of the RAC or AA? I know that certain members have LEI to which they were not aware. In my experience 95% of claims like this come to a successful conclusion in the favour of the innocent victim. As for the hire car, take out a credit hire vehicla and inform her insurers that you will be claiming the cost of your replacement vehicle from her. They may provide you with a courtesy car of thier own to avoid paying out the extra charges.

flang

with regard to CCTV footage the only people that can requests tapes are the police.
Some councils may give you footage providing you can prove that its your personal date (eg you on the camera)
Not all images held on CCTV are classed as personal data therefore its very unlikely you getting a tape but its worth a try!
With regard to the rest i would instruct a solicator and go ahead to court!
Its took me a year to get my accident settled, after the 3rd party lied! i look her to court in the end. She addmitted liability shortly after recieving papers!

Kitleo

Yesterday I tried to help someone by giving them my parking ticket which had 20 mins still to go.

They were two Australian guys in their late 50's I would guess. After the 'Hey Shelia' jokes the passenger took the ticket and opened their passenger door to place the ticket on the dash. I got in my car - but before I had even started the engine the passenger allowed his door to smash into and knock my wing mirror - the result was that it came out of the housing. He turned and tried to push it back in!

I jumped out of my car telling him to leave it because if I took it to the garage they would be able to snap it back in with the aid of a screwdriver for a small charge. (I knew this as I have had to have it done before.) But he would not have it and as he attempted to fix it he proceded to wrench the whole thing off. He then offered to go and buy some black tape and tape it back on to make it as good as new! I declined this offer and told him that I would need the drivers details. This is where it gets obvious....

Turns out the car was not a hire car but belonged to the Australian drivers brother - an English citizen. It was his brothers works car and so the Oz chap had no idea of insurance. I took as much detail as I could get out of them like names, reg, make and model + colour of the car. Australian names and address - I also got the name and phone number of the brother whos vehicle it is.

I went straight home and phoned the number and was answered by the brothers wife. She was so apologetic, said that they would pay for any costs involved and again apologised profusly. I said I worked near a vauxhall garage and would pop in there and get them to push it back into position and get a receipt for the work, she gave me their address to take the invoice to.

Today at the garage I discovered that they cannot push it back because the force of the bang has bent the metal something or other and so the whole seating needs to be replaced. I got an estimate of the cost of the piece and the cost of the repair = £136.34 - who would think it would cost so much?

I phoned the number when I got home and spoke the the wife again said how sorry I was to be the bearer of bad news and wow what a change of direction. She swore and abused me calling me a der brain and a rip off artist to mention just a few of the more polite names. I kept my cool and asked for the insurance details. She said that she did not have them. I asked if they were actually insured to drive the works vehicle and she said that of course they were she had arranged it. But then went on to tell me she does not have the insurance details! She would not tell me where her husband company name or address and after more verbal abuse telling me how her brother in law told her he saw me rip it off the car after they walked away then she hung up!

I am in shock to say the least. And what can I do??? Its not worth me making a claim because I have a £100 excess although I have protected no claims. They fly back to Australia on Saturday, They car owners are not answering their phone so I am left with the cost of replacing it.

So much for giving them free parking for 20 mins.....

Astaroth

As the vehicle is insured then the insurers of the vehicle will have obligations under the RTA even if the people who are driving it were not insured under the policy. The downside is that some insurers enforce the full process required under the RTA of going to court against the at fault party and then back again to get the judgement set as default etc.

If you have legal expenses cover on your motor insurance it may be worth speaking to them about claiming through that aspect of the policy rather than the AD cover as whilst you have protected NCD this doesnt mean that your premiums wouldnt go up if for some reason the claim was unsuccessful.

skintas_2

i was a t a petrol station went to pull out on the road, suddenly a car pullsed in so i had to back up as somone was coming in the exit, it was a exit not a entry, checked mirriors ,reversed bang! git hit from behind the passenger got out and went mentl at me demand £75 off me. i told him its an accident, the driver was ok, the only damage was we both had cracked number plates. lucky it was in petrol station as had cctv. it was his fault as i was reversing had my reverse lights on. they wanted my address i wouoldnt give it as i was scared of the pasenger. gave my name and mobile number and car reg. i always carry now disposable camera or mobile to take photos

Kitleo

Astaroth wrote:

As the vehicle is insured then the insurers of the vehicle will have obligations under the RTA even if the people who are driving it were not insured under the policy. The downside is that some insurers enforce the full process required under the RTA of going to court against the at fault party and then back again to get the judgement set as default etc.

If you have legal expenses cover on your motor insurance it may be worth speaking to them about claiming through that aspect of the policy rather than the AD cover as whilst you have protected NCD this doesnt mean that your premiums wouldnt go up if for some reason the claim was unsuccessful.

Thank you for this message - not sure what RTA stands for - but I get the jist of what you are saying. Unfortunatley I dont have the legal cover. But will be phoning the insurance company anyway to see what they suggest. I really appreciate your reply Thanks