Obvious 100% Liable, Insurance says 50/50

stonesy

Hi,

I'm looking for some advice as to where I stand on this issue.

3 Months ago I was at a Petrol Station filling my vehicle, I was parked in front of a gentleman already filling and paying.

When he returned to his vehicle and I went to go to pay, he drove between my car and the adjacent pump; scratching my bumper beyond the paint, and shunting my car forward.

I have gathered the CCTV footage from the forecourt, third party admits being present but denies 'crashing' into my vehicle - unfortunately the CCTV is facing forward (at the bonnet) and this collision occurred from behind, so although its blatantly obvious to any reasonable person what has happened, both my insurance and the third party are saying it is inconclusive. They have said I cannot use my witness as he was a passenger/friend in my vehicle, and there are no other independent witnesses as he drove so 'carefully/slowly' that no one took notice.

The CCTV shows me returning to my vehicle, driving behind the petrol station and then exiting the vehicle again to inspect the damage at the rear.

Does anyone what I can do now? I have 5 years NCB unprotected now tied up with this claim, and I'm left with a £500 repair bill.

Any advice would be much appreciated!
Thanks

stonesy

Here's some footage of the CCTV:

www dot youtube dot com/watch?v=QVl43pk6FYU - Part 1
www dot youtube dot com/watch?v=FDsGm3ZQ7as&t=11m20s
www dot youtube dot com/watch?v=HBTAt0m3WVc&t=1m50s

vaio

the link comes up as private

More generally, if your insurer isn't willing to spend the time & money to fight then there is nothing stopping you launching a small claim against the offending party. Your witness will be admissible although the fact that he was in your vehicle might reduce the weight placed on his evidence but still better then nothing

You might well find that his insurer also isn't prepared to spend the time and money fighting it in court (particularly as they won't be able to get any legal costs back even if you lose) so you get an easy win.

stonesy

With regards to getting the details of the offender - my insurer obviously wouldn't release these, and the Police are not being helpful at all.

I informed them of the 'hit and run' and fail to stop, and they said they would contact the driver..when I told them I asked the Petrol Station to keep the footage, they made a copy and said they would go collect it - but 2 months on that copy is now in my hands, and the police didn't even bother to get it.

If I launch a small claim who exactly do I pursue? I know their reg no. and the insurers name.

vaio

Maybe I'm being dense but I can't see what you are talking about, either edit the vids so they only show the relevant bits or tell us what time the incident happened in each of the clips

spacey2012

I can tell you a trick to get the insurance to re-think.
Tell them you will not accept 50/50, instead you will call the other insurance company and accept FULL liability.
Or they can stop messing around and trying to pull a fast one..

rs65

spacey2012 wrote: »

I can tell you a trick to get the insurance to re-think.
Tell them you will not accept 50/50, instead you will call the other insurance company and accept FULL liability.
Or they can stop messing around and trying to pull a fast one..

Which could result in your insurers refusing indemnity altogether.

Not a very good trick.

spacey2012

Yes it is and it works.

stonesy

I've linked to the videos at the 'times' the incident happens - it's approximately 11 minutes in on the first video.

Either that or you've watched it and came to the same conclusion...What bump? I know you cannot see him visibly hitting my vehicle, but anyone with a braincell wouldn't try to fit a huge saloon through such a minute gap.

@ Spacey - What are you saying I can refuse my insurers decision and force them into action? And as a policy holder I'm not allowed to admit liability to the third party as far as I know...

rs65

stonesy wrote: »

I've linked to the videos at the 'times' the incident happens - it's approximately 11 minutes in on the first video.

Are you in the white car - filling up at the time?

Did you not notice anything hitting you?

vaio

If I've got the right bit it looks like you were filling your car when he pulled off, if so I suspect you are going to have a hard time convincing anyone that he hit you......

stonesy wrote: »

.......scratching my bumper beyond the paint, and shunting my car forward.........

and you didn't notice the noise, impact or movement as your car was "shunted forward" causing £500 worth of damage as it appears you just carried on filling your car

Also, I'd think long & hard before following any of Spacey's suggestions, they don't generally get much support from the knowledgeable posters on these boards