Car accident - change liability

MLmoneyadv

Hello!
Hope you can help me with this one..
Last February when leaving a round about a van crashed into the back of my car. It was a estrange one as when I was leaving the round about I was changing lanes too.
When we exchanged the details the other driver wasn't keen on me getting his registration number and said that the accident was obviously my fault and all was recorded on the van CCTV. But he was going to make me a favour not reporting it, if I wasn't going to report it either. His van only had a mild scratch on the plastic bumper. My car had a superficial scratch only, and I was a bit shocked by everything (I am a young girl driver) so I agreed.

Several days later I received a call from my insurers, they said there had been reported an accident involving my car and that the other party had admitted liability. If I wanted to claim for it, I said yes as long as I didn't have to pay any excesses and as long as I didn't lose my NCD. They said that wasn't a problem as the other party admitted liability.
I had my car repaired and forgot about all this when today I received a letter from my insurance company saying that they have received CCTV footage from the other drivers vehicle, that it clearly shows me changing lanes in front of their vehicle and the other driver remaining in the same lane. That they will have to accept full liability for this incident. And that I now have to pay my excess.

Can they do this? I wouldn't have claimed for anything knowing this, as my repairs didn't cost as much as the excess + the loss of NCD implies that my insurance will go up. What are my rights?

Any help will be appreciated. Thank you.

InsideInsurance

The fault of the matter cannot be changed by what your insurer says as this is something that is outside of their control. If you are liable then you are liable.

What impact this has on your insurance policy is within their control and you need to raise a complaint about the miss information you were given. Did they send you any letters? If so what do they say about excess and NCD? On what grounds did the TPI withdraw their admission as with small track cases it is technically difficult to do so?

Buzby

This seems unusual. If the other party admitted liability, then why are you now being blamed? Next, the van driver initially said it was your fault, did you feel it was - and did you cut across his path? If so, the video will be conclusive - but what needs clarifying is why they first admitted liability, and your insurer then says you are at fault.

I also have a DashCam, and it provides proof when you need it most. You might find getting one yourself will pay dividends.... In the future.

rs65

MLmoneyadv wrote: »

I wouldn't have claimed for anything knowing this, as my repairs didn't cost as much as the excess + the loss of NCD implies that my insurance will go up. What are my rights?

I'm not sure it matters whether you would've claimed or not.

They are now claiming from you - and apparently have evidence it was your fault. From the start of your post it did sound as if it was your fault.

I wouldn't be surprised if he has had a cold call from an injury claims company which has prompted this now.

A successful claim against you would result in loss of NCB. The bit about your own repairs is unusual. Some insurers agree not to charge the excess if you are not at fault. If you are subsequently deemed to be at fault, I suppose they could quite rightly ask you for it. Certainly argue this point though.

thegirlintheattic

Sure you haven't been in two accidents?

Sounds odd that the liability would change.

MLmoneyadv

Thank you for your help.
It is the same accident.
The van was a delivery company vehicle, so I suppose the company is dealing with the insurance.
I don't understand why they claimed liability and now they change their mind and show the footage as a proof.
On the other hand there was virtually no damage to the van, so I wouldn't have had my car repaired through the insurance as a friend of mine would have done the job for £100-£150 less than my excess of £250.
To be honest I am not entirely sure who's fault was it. I was changing lane leaving a round about to a double lane road, but he was coming at high speed from the inside of the round about to the outside, and he drove in to me when I was practically on the lane. Was snowing that day so visibility was poor.
It is difficult to explain, but I guess it must be my fault as my own insurance admits it after watching the footage.

My main question is if they can change their mind like that with no consequences. Once all the repairs are done. I don't want to pay the excess and lose they NCD if there is a way to avoid it as they originally claimed liability.
I haven't got any written proof of them claiming liability but all the repairs were done without me paying any excess as the my insurance company let the garage know that the other part claimed liability, and they sorted out all the paperwork.
Should I talk directly to my insurance company and complain? If so, which arguments could I use? Is there any law regarding liability and change of mind? Or compensation for this?
Or there is no point, and better just to pay the £250 and try to forget about it..
I can't really afford any legal help, and may not be worth the hassle for £250.

Thank you again.

rs65

MLmoneyadv wrote: »

Should I talk directly to my insurance company and complain?

Yes

MLmoneyadv wrote: »

Is there any law regarding liability and change of mind? Or compensation for this?

No


It could be that the insurance companies have assumed that the other driver was at fault because he had front damage and you had rear damage.

In most accidents the one at the back is at fault - but not always, as you have found out.

hugoshavez

MLmoneyadv wrote: »

But he was going to make me a favour not reporting it, if I wasn't going to report it either.... so I agreed.

Several days later I received a call from my insurers...

Here's what I find strange.

OP didn't report the accident to her insurers.

So the TP contated the TPI, and the TPI contacted her insurers to admit liability?

Could it be that both parties are insured by the same firm?

InsideInsurance

hugoshavez wrote: »

Here's what I find strange.

OP didn't report the accident to her insurers.

So the TP contated the TPI, and the TPI contacted her insurers to admit liability?

Could it be that both parties are insured by the same firm?

Could be but it isnt really that strange.

Back in my days, if a claim was registered as fault with an identified TP involved the process was:

1) MID check to validate TPI details
2) Write to TPI admitting liability and offering hire
3) If TP address known then write to them offering fully managed service inc hire, if unknown then do DVLA check and write once address received

The whole point was to block credit hire as the ABI scheme didnt apply if the at fault insurer had already offered hire. As the non-fault insurer is the legal representative of their insured writing to them is the same as writing to their client.



Ultimately the OP has to check with their insurers. It could be the problem is with their own insurers claims team having miss read the initial letter (I saw more than a few cases where the claims logging team got mixed up and registered fault as non-fault and visa versa)