Denying Liability

moneymuffin

I had a crash just over 3 weeks ago. Went though my insurance initially expecting them to claim the money back from the other party. Have now had payout as car was a write off and bought a new car. The only thing left to do was to make sure that liability was changed from 50/50 to the other parties fault. Which naively I thought would be done no problem as they admitted it was their fault at the screen.

Anyway, I came home from work yesterday to get a letter from a no win no fee solicitor saying they are chasing me for liability as I caused the accident.

Their claim is that they were negotiating a roundabout and I tried to overtake thus causing the accident.

What actually happened is that I was in the left lane waiting to go onto the roundabout and turn left and they were in the right lane waiting (I assume) to go straight over. So basically they were blocking my view of oncoming vehicles so they set off, I decided to wait until I had a clear view, when they have set off they have clipped the front drivers side of my car basically pulling off the bumper and headlight.

I just can't believe their version of events is so different to mine. How was I overtaking when I was to the left of them? Plus I wasn't even moving at the time. It's just so annoying,

Anyway I have contacted my insurance and they are going to sent out accident report forms, etc for me to fill in.

My question is, am I better off sticking with my insurers to get this sorted or should I be looking at getting my own legal representation (prefereably no win no fee) to get things sorted.

Hintza

You leave it with you insurance company.

Quentin

Leave this to your insurers to deal with.

Don't reply to any correspondence just forward it on to your insurer.

Head-Out-Of-Sand

Completely agree with the two posts above - pass it to your insurers to respond to, do not enter into a discussion with them.

My partner had a similar situation. He was hit by someone as he was driving on main road, other driver did a u turn from parked without looking and smashed into him. Admitted liability at the scene (which of course means nothing)but then concocted a ludicrous tale when she got home which involved him swerving across an empty road for no apparent reason, and managing to 'impale' the side of his car on the front of hers. And then her and her two passengers threw in whiplash claims for good measure!

Her insurers pressed for him to take liability but he refused and indicated that he was willing to go to court if liability not resolved. Her insurers eventually caved in an accepted liability on her behalf.

I would speak to your insurer and discuss whether the evidence supports your version (which to my non-expert mind it would, as if you were overtaking how would they have hit you there?) and let them deal with it.

It's not nice dealing with dishonesty like that, but just look on it as a game their insurers are trying to play with you. If they convince you to take liability and avoid a payout, party time in their office!

Good luck

Aretnap

If you've had your car repaired you've recovered your losses (unless there are additional ones such as personal injury) and there's nothing for a solicitor to do for you. Your insurance company will recover the costs from the other party, if they can, and defend any claim made by him. You cooperate with them and don't attempt to deal with the third party directly.

arcon5

I'm confused, how did he manage to hit you if you was alongside each other, you pointing left and him pointing straight on (or at the very least different angle)?

Are you sure he didn't enter the round about switching to the left hand lane (effectively cutting in) and you drove off in to the side of him?

moneymuffin

I didn't move, he admitted that when he set off he crossed into my lane which is when he hit my car thus pulling the front of my vehicle off. If I had hit him the damage to my bonnet would have been more of a crushing, bonnet moved towards windscreen, not the bumper etc being pulled off.

Joe_Horner

moneymuffin wrote: »

I didn't move, he admitted that when he set off he crossed into my lane which is when he hit my car thus pulling the front of my vehicle off. If I had hit him the damage to my bonnet would have been more of a crushing, bonnet moved towards windscreen, not the bumper etc being pulled off.

This is what immediately sprung to mind. You "overtake" and hit him = you crush your wing back towards the door, he pulls ahead and catches you while you're stationary = he pulls stuff off the front of you (and possibly crushes a bit towards the centre). The damage that would be caused by each version would be obviously different so it should be very easy indeed to work out which version is right from the damage to the cars.

Don't answer, pass to your insurers, possibly with a covering letter pointing out that the damage to your car doesn't support his version (just in case they go for the "easy" settlement).