Lying to Insurance

Eiblis

A woman drove into the back of my father's car in slow moving traffic.
She got out to look at the damage and immediately said it was her fault that the baby in the back of her car had distracted her and she lost concentration. She gave my father her details and phone number and he gave his.
He went home and phoned his insurance to explain what had happened and it seemed a clear cut case, this was until the following day when her insurance rang him to ask what had happened, when he explained, they said she has said that he rolled back into her and caused the accident. He pointed out that an automatic car cant roll back. They are now claiming as he is a pensioner that he must have reversed into her in error and that the best they can do is go 50/50.

Which is what his insurance is going with, I am fuming that someone can lie blatently and as he has no witnesses but she had an adult with her in the car, who is backing her story.

Is there anything we can do?

vaio

Your insurance company won't bother fighting it, your only solution is to sue the other driver for your excess but that's really a test of whether she will stand up in court and repeat the lies

atrixblue.-MFR-.

Eiblis wrote: »

A woman drove into the back of my father's car in slow moving traffic.
She got out to look at the damage and immediately said it was her fault that the baby in the back of her car had distracted her and she lost concentration. She gave my father her details and phone number and he gave his.
He went home and phoned his insurance to explain what had happened and it seemed a clear cut case, this was until the following day when her insurance rang him to ask what had happened, when he explained, they said she has said that he rolled back into her and caused the accident. He pointed out that an automatic car cant roll back. They are now claiming as he is a pensioner that he must have reversed into her in error and that the best they can do is go 50/50.

Which is what his insurance is going with, I am fuming that someone can lie blatently and as he has no witnesses but she had an adult with her in the car, who is backing her story.

Is there anything we can do?

tell your insurers your not happy and you wish to complain to the ombudsman, if they are basing their 50/50 split on theory because thats whats they are now trying, their lie hasnt worked first time round so make up another story based on age.
i would point out to the insurers that they have already lied to get out of it now their making it up as they go along you dont accept the THEORY.

putting her witness into dispute, perhaps their related or partenered in wich case the witness is biased and non relyable.

tell the insurers you dont accept liability at 100 or 50/50.
pointing out they have been caught out lying already so dont accept a he reverse into me theory.

put the facts to them.

he told his insurers as it was, they have said he rolled back this wasnt the case and are now coming back with due to age he must of selected reverse instead of park or Drive, wich theory does this insurance company want to accept there was supposed to be a witness cant the witness remember if he rolled or reversed? thowing whitness into desput wich puts that out the window and word against word she already proven to have lied in her first statement so cant be relyed upon. i'd stick it to the insurers like that and tell them if they admit liablity on a 50/50 split based on theiry youll contact the ombudsman to see if this has been handled correctly in a proffesional manner, and have the whole case reviewed.

s_b

its a pity your father didnt know this at the time because if it had been me and this was going to be the outcome i would have reversed into them properly so accepting the 50/50 and in doing so split their radiator to kingdom come
this is why after a similar thing happened to me 20 years ago i always write details down at the time and take photos names of witnesses etc
its the new malaise of life isnt it
want me guv it were im

i really do feel sorry for your dad

wife says she probably doesnt even want this outcome but adult with her in the car has told her it will keep her premiums down
do as atrixblue.-MFR-. says if it will do any good
go ombudsman
for the sake of us all who dont do this kind of thing

Eiblis

Thanks for the replies, my father had asked about taking a civil case out against her, but his insurance said as she had already made her statement and convinced her insurance she would do the same in the future as she wouldn't want to be caught out lying.

Will pass on your recommendations to my dad tomorrow.

atrixblue.-MFR-.

Eiblis wrote: »

Thanks for the replies, my father had asked about taking a civil case out against her, but his insurance said as she had already made her statement and convinced her insurance she would do the same in the future as she wouldn't want to be caught out lying.

Will pass on your recommendations to my dad tomorrow.

but your point you father is going to have to make out is that she IS lying, she has been cought out and if his insurers roll over on this lie to make a theory stick for simple terms then you will seek advice of the ombudsman and that your case will be delved into deeply by them and if they have accepted a theory could go against them because its not fact.

hc25036

Similar thing happened to me a few years back (although in a head-on collision when the other driver and her witness said it was me on the wrong side of the road rather than her). She backed out once the court date was sent to her....

Norman_Castle

They are now claiming as he is a pensioner that he must have reversed into her in error

I would complain that they are being ageist. How long has he been driving without reversing into another car?

Eiblis

Norman_Castle wrote: »

I would complain that they are being ageist. How long has he been driving without reversing into another car?

He has never reversed into another car. He has no points on his licence.
The insurance originally wanted photos of the accident and although he does carry a camera in the car (on my advise, after reading about it before) unfortunately on that day the batteries were flat and he doesnt use a mobile phone.
He did photograph the damage done to his car, and had to go back to the scene to take a picture of the 'incline' she claimed had caused him to roll back on.
The collision occured last October and has been going on since then, his car has been repaired through his insurance.

Hintza

Eiblis wrote: »

He pointed out that an automatic car cant roll back.

In slow moving traffic you would have the car in Drive all the time and would therfore not be changing gear.

I would write her a letter explaining that if he doesn't come clean you will be taking it to your solicitor and would then be seeking to reclaim all your legal, accident and future (increase in premiums etc) costs. Give her/them 14 days to reply, CC to your insurer and her insurer.

See what the reply is and then decide whether to carry on. I would be tempted to go all the way with this if funds allow.

Does your father have legal protection?

Strider590

They always try to go 50/50 at first (both ins companies profit this way), have you actually seen this woman's statement?
If his car cannot roll back, then you have a clear cut case........ You just need to be more insistent!!