Should I accept fault, even when I know it's not?

rborob

Hello all.

I was recently involved in an an RTA where a Van veered across two lanes into the outside lane of a dual carriageway and stopped (literally 0 mph) with no cars in front of them. They missed their turning by the looks of it and panicked when they ran out of room.

Anyway. We had no stopping distance when they pulled in front of us and we ended up colliding with the rear right hand side of their vehicle. Since they were still moving into our lane when we hit them, the damage to our car was to the middle and towards the left (passenger) side.

I called our insurance company today to see if they got the pictures and diagrams I sent. And they've informed me that since my account doesn't match the damage then it will be my fault. I asked how it didn't match, and they seem to think because all of the bonnet is raised, then all of the front of our car must have collided with the rear of theirs.

The pictures I sent show the middle of our registration plate caved in (this is where their right lights hit our car). Which I thought matched my account. After all, how can the middle be caved in if we hit them straight? the also said damage was done to both lights, but the passenger side light is pushed back and out of position, whereas the driver side light is just moved with the folding of the bonnet.

What should I do? I know I wasn't at fault, it annoys me that I've been called a liar by the people who are supposed to be representing me. But I don't want to let this go. Do I stand a chance of fighting it? I also recorded them apologising for pulling in front of us and slamming on, but they're arguing anyone could have said that.

Any advice would be great!

InsideInsurance

Ultimately your insurers have the right to settle the claim as they see fit and if they are adamant that they cannot win the case so will settle the TPs claim against you then there is little you can do.

If you cannot convince them to fight your side you can ask them not to approach the TP and if a claim from them is received then to deal with it on a Without Prejudice basis.

Without independent witnesses it comes down simply to who is more likely telling the truth, you that the van cut you up and braked excessively or the TP that you were simply driving to close.

Obviously the one challenge is that at the moment you dont actually know if the TP will be honest and admit their error or lie